Criminal Justice (Theft and Fraud Offences) Act 2001

Number 50 of 2001

CRIMINAL JUSTICE (THEFT AND FRAUD OFFENCES) ACT 2001

REVISED

Updated to 3 August 2021

This Revised Act is an administrative consolidation of the Criminal Justice (Theft and Fraud Offences) Act 2001. 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 Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, and all statutory instruments up to and including the Counterfeiting Act 2021 (Commencement) Order 2021 (S.I. No. 404 of 2021), made 29 July 2021, 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 50 of 2001

CRIMINAL JUSTICE (THEFT AND FRAUD OFFENCES) ACT 2001

REVISED

Updated to 3 August 2021

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

Criminal Justice (Theft and Fraud Offences) Acts 2001 and 2021 : this Act is one of a group of Acts included in this collective citation ( Criminal Justice (Theft and Fraud Offences) (Amendment) Act 2021 (2/2021), s. 13(2)). The Acts in this group are:

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

• Criminal Justice (Theft and Fraud Offences) (Amendment) Act 2021 (2/2021)

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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

• Maritime Jurisdiction Act 2021 (28/2021)

• Counterfeiting Act 2021 (16/2021)

• Criminal Justice (Theft and Fraud Offences) (Amendment) Act 2021 (2/2021)

• Criminal Justice (Corruption Offences) Act 2018 (9/2018)

• Criminal Justice (Burglary of Dwellings) Act 2015 (56/2015)

• Social Welfare and Pensions Act 2010 (37/2010)

• Fines Act 2010 (8/2010)

• Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (6/2010)

• Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009)

• Criminal Justice (Mutual Assistance) Act 2008 (7/2008)

• Criminal Justice Act 2007 (29/2007)

• Criminal Justice Act 2006 (26/2006)

• Immigration Act 2004 (1/2004)

All Acts up to and including Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018)

• Criminal Justice (Theft and Fraud Offences) Act 2001 (Commencement) Order 2011 (S.I. No. 394 of 2011)

• Criminal Justice (Theft and Fraud Offences) Act 2001 (Commencement) Order 2002 (S.I. No. 252 of 2002)

All statutory instruments up to and including Counterfeiting Act 2021 (Commencement) Order 2021 (S.I. No. 404 of 2021), made 29 July 2021, were considered in the preparation of this revision.

Number 50 of 2001

CRIMINAL JUSTICE (THEFT AND FRAUD OFFENCES) ACT 2001

REVISED

Updated to 3 August 2021

ARRANGEMENT OF SECTIONS

PART 1

Preliminary

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

PART 2

Theft and Related Offences

4.	Theft.
5.	Exceptions to theft.
6.	Making gain or causing loss by deception.
7.	Obtaining services by deception.
8.	Making off without payment.
9.	Unlawful use of computer.
10.	False accounting.
11.	Suppression, etc., of documents.
12.	Burglary.
13.	Aggravated burglary.
14.	Robbery.
15.	Possession of certain articles.

PART 3

Handling, etc. Stolen Property and other Proceeds of Crime

16.	Interpretation ( Part 3).
17.	Handling stolen property.
18.	Possession of stolen property.
19.	Withholding information regarding stolen property.
20.	Scope of offences relating to stolen property.
21.	Amendment of section 31 of Criminal Justice Act, 1994.
22.	Amendment of section 56A of Criminal Justice Act, 1994. (Repealed)
23.	Amendment of Criminal Justice Act, 1994.

PART 4

Forgery

24.	Interpretation ( Part 4).
25.	Forgery.
26.	Using false instrument.
27.	Copying false instrument.
28.	Using copy of false instrument.
29.	Custody or control of certain false instruments, etc.
30.	Meaning of “false” and “making”.
31.	Meaning of “prejudice” and “induce”.

PART 5

Counterfeiting

32.	Interpretation ( Part 5).
33.	Counterfeiting currency notes and coins.
34.	Passing, etc. counterfeit currency notes or coins.
35.	Custody or control of counterfeit currency notes and coins.
36.	Materials and implements for counterfeiting.
37.	Import and export of counterfeits.
38.	Certain offences committed outside the State.
38A.	Liability for offences by body corporate, etc. (Part 5).
39.	Measures to detect counterfeiting.

PART 6

Convention on Protection of European Communities' Financial Interests

40.	Interpretation ( Part 6).
41.	Convention and Protocols to have force of law. (Repealed)
42.	Fraud affecting financial interests of European Union.
42A.	Misappropriation.
42B.	Liability for offences by body corporate, etc. (Part 6).
43.	Active corruption. (Repealed)
44.	Passive corruption. (Repealed)
45.	Extra-territorial jurisdiction in case of certain offences.
46.	Restriction on certain proceedings.
47.	Extradition for revenue offences. (Repealed)

PART 7

Investigation of Offences

48.	Search warrants.
49.	Obstruction of Garda acting on warrant.
50.	Forfeiture of seized property.
51.	Concealing facts disclosed by documents.
52.	Order to produce evidential material.

PART 8

Trial of Offences

53.	Summary trial of indictable offences.
54.	Trial procedure.
54A.	Consecutive sentencing for burglary of dwelling.
55.	Alternative verdicts.
56.	Orders for restitution.
57.	Provision of information to juries.

PART 9

Miscellaneous

58.	Liability for offences by bodies corporate and unincorporated.
59.	Reporting of offences.
60.	Evidence in proceedings.
61.	Jurisdiction of District Court in certain proceedings.
62.	Amendment of section 9 of Married Women's Status Act, 1957.
63.	Amendment of Defence Act, 1954.
64.	Amendment of Bail Act, 1997.
65.	Effect of Act and transitional provisions.

SCHEDULE 1

Enactments Repealed

SCHEDULE 1A

Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law

SCHEDULE 2

Text in the English LANGUAGE OF THE Convention drawn up on the basis of Article K.3 OF THE Treaty ON European Union, on the protection of the European Communities' financial interests done at Brussels ON 26 July 1995 (Repealed)

SCHEDULE 3

Text in the Irish language of the Convention drawn up on the basis of Article K.3 of the Treaty ON European Union, on the protection of the European Communities' financial interests done at Brussels ON 26 July 1995 (Repealed)

SCHEDULE 4

Text in the english language of the Protocol drawn up on the basis of Article K.3 of the Treaty on European Union TO THE Convention on the protection of the European Communities' financial interests done at Brussels ON 27 September 1996 (Repealed)

SCHEDULE 5

Text in the Irish language of the Protocol drawn up on the basis of Article K.3 of the Treaty on European Union to the Convention on the protection of the European Communities' financial interests done at Brussels ON 27 September 1996 (Repealed)

SCHEDULE 6

Text in the English language of the Protocol drawn up on the basis of Article K.3 of the Treaty on European Union, on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the protection of the European Communities' financial interests done at Brussels on 29 November 1996 (Repealed)

SCHEDULE 7

Text in the Irish language of the Protocol drawn up on the basis of Article K.3 OF THE Treaty on European Union, on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the protection of the European Communities' financial interests done at brussels on 29 November 1996 (Repealed)

SCHEDULE 8

Text in the English language of the Protocol drawn up on the basis of Article K.3 OF THE Treaty on European Union, to the Convention on the protection of the European Communities' financial interests done at Brussels on 19 June 1997 (Repealed)

SCHEDULE 9

Text in the Irish language of the Protocol drawn up on the basis of Article K.3 OF THE Treaty on European Union, to the Convention on the protection of the European Communities financial interests done at Brussels on 19 June 1997 (Repealed)

Acts Referred to
	ACC Bank Acts, 1978 to 2001
	Bail Act, 1997	1997, No. 16
	Building Societies Act, 1989	1989, No. 17
	Central Bank Act, 1971	1971, No. 24
	Central Bank Act, 1997	1997, No. 8
	Coinage Offences Act, 1861	24 & 25 Vict., c. 99
	Continental Shelf Act, 1968	1968, No. 14
	Credit Union Act, 1997	1997, No. 15
	Criminal Evidence Act, 1992	1992, No. 12
	Criminal Justice Act, 1951	1951, No. 2
	Criminal Justice Act, 1984	1984, No. 22
	Criminal Justice Act, 1994	1994, No. 15
	Criminal Justice (Miscellaneous Provisions) Act, 1997	1997, No. 4
	Criminal Justice (Public Order) Act, 1994	1994, No. 2
	Criminal Law (Jurisdiction) Act, 1976	1976, No. 14
	Criminal Procedure Act, 1967	1967, No. 12
	Debtors (Ireland) Act, 1872	35 & 36 Vict., c. 57
	Defence Act, 1954	1954, No. 18
	Ethics in Public Office Act, 1995	1995, No. 22
	European Communities Acts, 1972 to 1998
	Extradition Act, 1965	1965, No. 17
	Falsification of Accounts Act, 1875	38 & 39 Vict., c. 24
	Forgery Act, 1861	24 & 25 Vict., c. 96
	Forgery Act, 1913	3 & 4 Geo. 5, c. 27
	Gaming and Lotteries Act, 1956	1956, No. 2
	Larceny Act, 1861	24 & 25 Vict., c. 96
	Larceny Act, 1916	6 & 7 Geo. 5, c. 50
	Larceny Act, 1990	1990, No. 9
	Married Women's Status Act, 1957	1957, No. 5
	Official Secrets Act, 1963	1963, No. 1
	Police (Property) Act, 1897	Ch. 30
	Road Traffic Act, 1961	1961, No. 24
	Sale of Goods Act, 1893	56 & 57 Vict., c. 71
	Summary Jurisdiction (Ireland) Act, 1862	24 & 25 Vict., c. 50
	Taxes Consolidation Act, 1997	1997, No. 39
	Trustee Savings Banks Acts, 1989 and 2001

Number 50 of 2001

CRIMINAL JUSTICE (THEFT AND FRAUD OFFENCES) ACT 2001

REVISED

Updated to 3 August 2021

AN ACT TO AMEND THE LAW RELATING TO STEALING AND RELATED OFFENCES AND THEIR INVESTIGATION AND TRIAL; TO GIVE THE FORCE OF LAW TO PROVISIONS OF THE CONVENTION ON THE PROTECTION OF THE EUROPEAN COMMUNITIES' FINANCIAL INTERESTS DONE AT BRUSSELS ON 26 JULY 1995 AND THE THREE PROTOCOLS TO THAT CONVENTION; AND TO PROVIDE FOR CONSEQUENTIAL AND RELATED MATTERS. [19 th December, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Revised Acts

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Criminal Justice (Theft and Fraud Offences) Act 2001