Criminal Evidence Act 1992

Number 12 of 1992

CRIMINAL EVIDENCE ACT 1992

REVISED

Updated to 2 September 2024

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 Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024), enacted 23 July 2024, and all statutory instruments up to and including the Waste Management (Landfill Levy) (Amendment) Regulations 2024 (S.I. No. 442 of 2024), made 2 September 2024, 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 2 September 2024

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 2 September 2024

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