Criminal Procedure Act 1993
Number 40 of 1993
CRIMINAL PROCEDURE ACT 1993
REVISED
Updated to 1 August 2023
This Revised Act is an administrative consolidation of the Criminal Procedure Act 1993. 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 Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, and all statutory instruments up to and including the Criminal Justice (Miscellaneous Provisions) Act 2023 (Commencement) Order 2023 (S.I. No. 391 of 2023), made 28 July 2023, 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 40 of 1993
CRIMINAL PROCEDURE ACT 1993
REVISED
Updated to 1 August 2023
ARRANGEMENT OF SECTIONS
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Acts Referred to |
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1924, No. 10 |
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1928, No. 15 |
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1983, No. 19 |
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1962, No. 12 |
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1967, No. 12 |
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1954, No. 18 |
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1939, No. 13 |
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Tribunals of Inquiry (Evidence) Act, 1921 |
11 Geo. 5., c. 7 |
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1979, No. 3 |
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Number 40 of 1993
CRIMINAL PROCEDURE ACT 1993
REVISED
Updated to 1 August 2023
AN ACT TO PROVIDE FOR JUDICIAL REVIEW OF CERTAIN CONVICTIONS AND SENTENCES, FOR PRESENTATION OF PETITIONS FOR THE GRANT OF PARDON ON THE GROUNDS OF MISCARRIAGE OF JUSTICE, FOR PAYMENT OF COMPENSATION BY THE STATE TO OR IN RESPECT OF PERSONS CONVICTED AS A RESULT OF A MISCARRIAGE OF JUSTICE AND FOR CONNECTED MATTERS. [29th December, 1993]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Application of Act restricted (3.05.2023) by Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023), s. 44(4), S.I. No. 213 of 2023.
Effect of committal order
44.— ...
(4) The Criminal Procedure Act 1993 shall not apply to a person in respect of whom an order under section 43(1) has been made, a warrant is issued under section 42(1)(a) or (b) or a committal order is made in so far as the conviction or sentence imposed in the issuing state is concerned.
C2
Application of Act restricted by Transfer of Sentenced Persons Act 1995 (16/1995), s. 7B(4), as inserted (3.05.2023) by Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023), s. 62, S.I. No. 213 of 2023.
Effect of committal order
[7B.— ...
(4) The Criminal Procedure Act 1993 shall not apply to a person in respect of whom a warrant is issued under section 7(2) or a committal order is made in so far as the conviction or sentence imposed in the sentencing state is concerned.]
C3
Application of Act restricted (1.02.2007) by Transfer of Execution of Sentences Act 2005 (28/2005), ss. 10(1), 11, S.I. No. 647 of 2006.
Execution of sentence imposed in sentencing country.
10.—(1) Subject to subsections (2) and (3), the High Court may, where a person is—
(a) brought before it under subsection (8) of section 8,
(b) brought before it under subsection (4) of section 9 at the same time as the certificate is produced in accordance with the said subsection (4), or
(c) before the High Court, by reason of having been remanded under the said subsection (4), at the same time as, or at any time after, the certificate is produced in accordance with the said subsection (4),
make an order committing the person to a prison [...] for a period equal to—
(i) in the case of a person who fled from the sentencing country before he or she began serving the sentence concerned, the period of the sentence less the deductible period, or
(ii) in the case of a person who served part of the sentence concerned but fled from the sentencing country before he or she completed serving that sentence, the period of the sentence that remains unserved less the deductible period.
...
Criminal Procedure Act 1993 disapplied.
11.—The Criminal Procedure Act 1993 shall not apply to a person to whom an order under subsection (1) of section 10 applies.
C4
Application of Act restricted (17.07.1995) by Transfer of Sentenced Person Act 1995 (16/1995), s. 7(9), commenced on enactment.
Issue of warrants for bringing of persons into State.
7.— ...
(9) The Criminal Procedure Act, 1993, shall not apply to a person in respect of whom a warrant is issued under this section.