Criminal Evidence Act 1992

Number 12 of 1992

CRIMINAL EVIDENCE ACT 1992

REVISED

Updated to 30 June 2022

This Revised Act is an administrative consolidation of the Criminal Evidence Act 1992. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Birth Information and Tracing Act 2022 (14/2022), enacted 30 June 2022, and all statutory instruments up to and including the Criminal Justice (Victims of Crime) Act 2017 (Commencement) Order 2022 (S.I. No. 309 of 2022), made 28 June 2022, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 12 of 1992

CRIMINAL EVIDENCE ACT 1992

REVISED

Updated to 30 June 2022

Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Criminal Justice (Perjury and Related Offences) Act 2021 (13/2021)

• Domestic Violence Act 2018 (6/2018)

• Criminal Justice (Victims of Crime) Act 2017 (28/2017)

• Criminal Law (Sexual Offences) Act 2017 (2/2017)

• Marriage Act 2015 (35/2015)

• Criminal Law (Human Trafficking) (Amendment) Act 2013 (24/2013)

• Communications (Retention of Data) Act 2011 (3/2011)

• Criminal Justice Act 2011 (22/2011)

• Criminal Law (Human Trafficking) Act 2008 (8/2008)

• Criminal Law (Sexual Offences) (Amendment) Act 2007 (6/2007)

• Finance Act 2007 (11/2007)

• Defence (Amendment) Act 2007 (24/2007)

• Criminal Law (Sexual Offences) Act 2006 (15/2006)

• Criminal Justice Act 2006 (26/2006)

• Children Act 2001 (24/2001)

• Extradition (European Union Conventions) Act 2001 (49/2001)

• Criminal Justice (Theft and Fraud Offences) Act 2001 (50/2001)

• Criminal Justice Act 1999 (10/1999)

• Child Trafficking and Pornography Act (22/1998)

• Criminal Justice (Miscellaneous Provisions) Act (4/1997)

• Family Law (Divorce) Act 1996 (33/1996)

• Civil Legal Aid Act 1995 (32/1995)

All Acts up to and including Birth Information and Tracing Act 2022 (14/2022), enacted 30 June 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Criminal Evidence Act 1992 (Section 13) (Commencement) Order 2022 (S.I. No. 308 of 2022)

• Criminal Evidence Act 1992 (Section 13) (Commencement) Order 2021 (S.I. No. 693 of 2021)

• Criminal Evidence Act 1992 (Section 13) (Commencement) Order 2018 (S.I. No. 186 of 2018)

• Criminal Evidence Act 1992 (Section 13) (Commencement) Order 2015 (S.I. No. 205 of 2015)

• Criminal Evidence Act 1992 (Section 16(1)(B)) (Commencement) Order 2008 (S.I. No. 401 of 2008)

• Criminal Evidence Act 1992 (Section 13) (Commencement) (No. 2) Order 2007 (S.I. No. 572 of 2007)

• Criminal Evidence Act 1992 (Section 13) (Commencement) Order 2007 (S.I. No. 52 of 2007)

• Criminal Evidence Act 1992 (Section 13) (Commencement) (No. 2) Order 2005 (S.I. No. 296 of 2005)

• Criminal Evidence Act 1992 (Section 13) (Commencement) Order 2005 (S.I. No. 221 of 2005)

• Criminal Evidence Act 1992 (Section 29) (Commencement) Order 1997 (S.I. No. 371 of 1997)

• Criminal Evidence Act 1992 (Sections 14 and 19) (Commencement) Order 1997 (S.I. No. 66 of 1997)

• Criminal Evidence Act 1992 (Sections 13, 15 (4), 16, 17 and 19) (Commencement) Order 1993 (S.I. No. 288 of 1993)

• Criminal Evidence Act 1992 (Sections 12, 13, 18 and 19) (Commencement) Order 1993 (S.I. No. 38 of 1993)

All statutory instruments up to and including Criminal Justice (Victims of Crime) Act 2017 (Commencement) Order 2022 (S.I. No. 309 of 2022), made 28 June 2022, were considered in the preparation of this revision.

Number 12 of 1992

CRIMINAL EVIDENCE ACT 1992

REVISED

Updated to 30 June 2022

ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section
1.	Short title and commencement.
2.	Interpretation (general).
3.	Repeals.

PART II

Admissibility of Documentary Evidence

4.	Definition (Part II).
5.	Admissibility of documentary evidence.
6.	Evidence of admissibility.
7.	Notice of documentary evidence.
8.	Admission and weight of documentary evidence.
9.	Evidence as to credibility of supplier of information.
10.	Amendment of Criminal Procedure Act, 1967.
11.	Evidence of resolution of Dáil or Seanad.

PART III

Evidence in Certain Proceedings

12.	Interpretation and application - Part III.
13.	Evidence through television link.
14.	Evidence through intermediary.
14A.	Placement of screen etc. for giving of evidence.
14AA.	Matters to be taken into account under sections 13, 14 and 14A regarding victims.
14B.	Wigs and gowns.
14C.	Protection against cross-examination by accused.
15.	Procedure in relation to certain offences.
16.	Videorecording as evidence at trial.
17.	Transfer of proceedings.
18.	Identification evidence.
19.	Application of Part III to persons with mental handicap.
19A.	Disclosure of third party records in certain trials.

PART IV

Competence and Compellability of Spouses and Former Spouses to give Evidence

20.	Definitions (Part IV).
21.	Competence of spouses and former spouses to give evidence.
22.	Compellability to give evidence at instance of prosecution.
23.	Compellability to give evidence at instance of accused.
24.	Compellability to give evidence at instance of co-accused.
25.	Saving.
26.	Right to marital privacy.

PART V

Miscellaneous

27.	Oath or affirmation not necessary for child etc., witness.
28.	Abolition of requirement of corroboration for unsworn evidence of child, etc.
29.	Evidence through television link by persons outside State.
30.	Copies of documents in evidence.

SCHEDULE

Enactments Repealed

Acts Referred to
Children Act, 1908	1908, c. 67
Criminal Justice (Legal Aid) Act, 1962	1962, No. 12
Criminal Law Amendment Act, 1885	1885, c. 69
Criminal Law Amendment Act, 1935	1935, No. 6
Criminal Law (Rape) (Amendment) Act, 1990	1990, No. 32
Criminal Procedure Act, 1967	1967, No. 12
Defence Act, 1954	1954, No. 18
Defence (Amendment) Act, 1987	1987, No. 8
Punishment of Incest Act, 1908	1908, c. 45

Number 12 of 1992

CRIMINAL EVIDENCE ACT 1992

REVISED

Updated to 30 June 2022

AN ACT TO AMEND THE LAW OF EVIDENCE IN RELATION TO CRIMINAL PROCEEDINGS AND TO PROVIDE FOR CONNECTED MATTERS. [7th July, 1992]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Revised Acts

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Criminal Evidence Act 1992