Criminal Justice Act 2006
Number 26 of 2006
CRIMINAL JUSTICE ACT 2006
REVISED
Updated to 1 November 2023
This Revised Act is an administrative consolidation of the Criminal Justice Act 2006. 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 Screening of Third Country Transactions Act 2023 (28/2023), enacted 31 October 2023, and all statutory instruments up to and including the Criminal Justice (Miscellaneous Provisions) Act 2023 (Commencement) (No. 2) Order 2023 (S.I. No. 525 of 2023), made 31 October 2023, were considered in the preparation of this revision.
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 26 of 2006
CRIMINAL JUSTICE ACT 2006
REVISED
Updated to 19 July 2023
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title and commencement.
Investigation of Offences
5. Designation of place as crime scene.
6. Search warrants in relation to arrestable offences.
7. Power to seize and retain evidence.
9. Amendment of section 4 of Act of 1984.
10. Amendment of Criminal Justice (Drug Trafficking) Act 1996.
11. Amendment of section 42 of Criminal Justice Act 1999.
12. Power of Garda Síochána to photograph arrested persons.
14. Amendment of Criminal Justice (Forensic Evidence) Act 1990.
Admissibility of Certain Witness Statements
16. Admissibility of certain witness statements.
17. Witness statements made to members of Garda Síochána.
19. Regulations concerning certain witness statements which are recorded.
20. Amendment of section 4E of Act of 1967.
Appeals in Certain Criminal Proceedings
21. Reference of question of law to Supreme Court.
23. Amendment of section 2(2) of Criminal Justice Act 1993.
24. Appeal against order for costs.
Amendment of Firearms Acts
26. Amendment of section 1 of Principal Act.
27. Amendment of section 2 of Principal Act.
28. New section 2A in Principal Act.
29. New section 2B in Principal Act.
30. Substitution of section 3 of Principal Act.
31. New section 3A in Principal Act.
32. Substitution of section 4 of Principal Act.
33. New section 4A in Principal Act.
34. New section 4B in Principal Act.
35. Substitution of section 5 of Principal Act.
36. Amendment of section 6 of Principal Act.
37. Amendment of section 8 of Principal Act.
38. Amendment of section 9 of Principal Act.
39. Amendment of section 10 of Principal Act.
40. New section 10A in Principal Act. (Repealed)
41. Amendment of section 11 of Principal Act.
42. Substitution of section 15 of Principal Act.
43. New section 15A in Principal Act.
44. Amendment of section 17 of Principal Act.
45. Substitution of section 25 of Principal Act.
46. New section 25A of Principal Act.
47. New section 25B in Principal Act.
48. New section 25C in Principal Act.
49. New section 25D in Principal Act.
Amendment of Firearms Act 1964
52. Amendment of section 1 of Firearms Act 1964.
53. Substitution of section 9 of Firearms Act 1964.
54. Amendment of section 11 of Firearms Act 1964.
55. Amendment of section 13 of Firearms Act 1964.
56. Amendment of section 21 of Firearms Act 1964.
57. Substitution of section 26 of Firearms Act 1964.
58. Substitution of section 27 of Firearms Act 1964.
59. Substitution of section 27A of Firearms Act 1964.
Amendment of Criminal Justice Act 1984
Amendment of Firearms and Offensive Weapons Act 1990
63. Amendment of Firearms and Offensive Weapons Act 1990.
64. New section 8A of Firearms and Offensive Weapons Act 1990.
65. New section 12A in Firearms and Offensive Weapons Act 1990.
66. Amendment of section 1 of Firearms (Firearm Certificates for Non-Residents) Act 2000.
67. Amendment of section 2 of Firearms (Firearm Certificates for Non-Residents) Act 2000.
Amendment of Explosives Act 1875
68. Substitution of section 80 of Explosives Act 1875.
69. Other amendments of Explosives Act 1875.
Organised Crime
70. Interpretation ( Part 7 ).
71A. Offence of directing a criminal organisation.
71B. Provisions with respect to proof of criminal organisation’s existence.
72A. Offences under this Part: inferences that may be drawn.
73. Commission of offence for criminal organisation.
74. Proceedings relating to offences committed outside State.
74B. Exclusion of evidence in certain circumstances.
75. Evidence in proceedings under this Part.
76. Liability for offences by bodies corporate.
79. Amendment of Schedule to Bail Act 1997.
Misuse of Drugs
81. Amendment of section 15A of Act of 1977.
82. Importation of controlled drugs in excess of certain value.
83. Supply of controlled drugs into prisons and places of detention.
84. Amendment of section 27 of Act of 1977.
85. Amendment of section 29 of Act of 1977.
86. Amendment of section 3(1) of Criminal Justice Act 1994.
Obligations of Drug Trafficking Offenders to Notify Certain Information
88. Drug trafficking offences for purposes of this Part.
89. Persons subject to the requirements of this Part.
90. Period for which person is subject to requirements of this Part and related matters.
91. Supply of information to facilitate compliance with this Part.
92. Notification requirements.
93. Discharge from obligation to comply with requirements of this Part.
94. Offences in connection with notification requirements.
95. Application of this Part to persons convicted outside State.
96. Certificate as evidence of person’s being subject to requirements of this Part.
97. Proof of foreign conviction in certain cases.
Sentencing
99. Power to suspend sentence.
100. Imposition of fine and deferral of sentence.
101. Restriction on movement order.
102. Electronic monitoring of restriction on movement order.
103. Variation of restriction on movement order.
104. Provisions regarding more than one restriction on movement order.
105. Non-compliance with restriction on movement order.
106. Amendment of section 5 of Criminal Justice Act 1951.
107. Documentary evidence in relation to offenders.
108. Temporary release of prisoners.
109. Documentary evidence in relation to prisoners on temporary release.
110. Amendment of section 2(1) of Criminal Justice Act 1960.
111. Regulations regarding electronic monitoring devices.
Civil Proceedings in Relation to Anti-Social Behaviour
113. Interpretation and application of this Part.
116. Appeals against a civil order.
Amendment of Children Act 2001
120. Interpretation ( Part 12 ).
121. Amendment of section 2 of Act of 2001.
122. Amendment of section 3 of Act of 2001.
123. Substitution of section 18 of Act of 2001.
124. Amendment of section 19 of Act of 2001.
125. Amendment of section 23 of Act of 2001.
126. Substitution of section 48 of Act of 2001.
127. Substitution of section 49 of Act of 2001.
128. Amendment of Title to Part 5 of Act of 2001.
129. Substitution of section 52 of Act of 2001.
130. Amendment of section 53 of Act of 2001.
131. Amendment of section 59 of Act of 2001.
132. New section 76A in Act of 2001.
133. New section 76B in Act of 2001.
134. New section 76C in Act of 2001.
135. Substitution of section 88 of Act of 2001.
136. Amendment of section 96 of Act of 2001.
137. Change in title of principal probation and welfare officer.
138. Amendment of section 91 of Act of 2001.
139. Substitution of section 93 of Act of 2001.
140. Amendment of section 136 of Act of 2001.
141. Substitution of section 149 of Act of 2001.
142. Amendment of section 155 of Act of 2001.
143. New section 156A in Act of 2001.
144. New section 156B in Act of 2001. (Repealed)
145. Amendment of section 157 of Act of 2001.
146. Substitution of section 159 of Act of 2001.
147. New section 159A in Act of 2001.
148. New section 159B in Act of 2001.
149. Amendment of section 161 of Act of 2001.
150. Amendment of section 165 of Act of 2001.
151. Substitution of section 185 of Act of 2001.
152. Substitution of section 186 of Act of 2001.
153. New section 186A in Act of 2001.
154. Substitution of section 198 of Act of 2001.
155. Amendment of section 215 of Act of 2001.
156. Amendment of section 227 of Act of 2001.
157. Amendment of section 230 of Act of 2001.
158. Minor and consequential amendments of Act of 2001.
Anti-Social Behaviour by Children
159. New section 257A in Act of 2001.
160. New section 257B in Act of 2001.
161. New section 257C in Act of 2001.
162. New section 257D in Act of 2001.
163. New section 257E in Act of 2001.
164. New section 257F in Act of 2001.
165. New section 257G in Act of 2001.
166. New section 257H in Act of 2001.
Criminal Law Codification Advisory Committee
167. Criminal Law Codification Advisory Committee.
170. Conditions of office of members of Committee.
171. Vacancies among members of Committee.
173. Programme of Work of Committee.
Miscellaneous
176. Reckless endangerment of children.
177. Restriction of section 10(4) of Petty Sessions (Ireland) Act 1851.
178. Amendment of Courts of Justice Act 1924.
179. Amendment of Courts (Supplemental Provisions) Act 1961.
180. Exercise of certain powers by judge of District Court outside district court district.
181. Anonymity of certain witnesses.
182. Information concerning property held in trust.
183. Possession of article intended for use in connection with certain offences.
183A. Possession of monies intended for use in connection with certain offences.
184. Amendment of Criminal Justice (Public Order) Act 1994.
185. Amendment of section 19 of Criminal Justice (Public Order) Act 1994.
187. Amendment of Offences Against the State Act 1939.
188. Amendment of section 5 of Criminal Evidence Act 1992.
189. Amendment of section 16B(7) of Proceeds of Crime Act 1996.
190. Amendment of section 14 of Criminal Assets Bureau Act 1996.
191. Amendment of section 5 of Prevention of Corruption (Amendment) Act 2001.
192. Amendment of Criminal Justice (Theft and Fraud Offences) Act 2001.
193. Amendment of section 25 of Petty Sessions (Ireland) Act 1851.
194. Execution of certain warrants.
196. Amendment of section 6(2)(a) of Criminal Law Act 1976.
197. Amendment of section 13 of the Criminal Law (Insanity) Act 2006.
Increase of Certain Penalties under Firearms Acts 1925 to 2000
Increase in Certain Penalties under Explosives Act 1875
Offences for the purposes of restriction on movement orders
Minor and Consequential Amendments of Children Act 2001
Acts Referred to
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1997, No. 16 |
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1991, No. 17 |
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Children Act 1908 |
8 Edw. 7., c. 67 |
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2001, No. 24 |
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1961, No. 39 |
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1924, No. 10 |
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1928, No. 15 |
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1996, No. 31 |
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1992, No. 12 |
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1951, No. 2 |
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1960, No. 27 |
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1984, No. 22 |
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1993, No. 6 |
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1994, No. 15 |
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1999, No. 10 |
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1996, No. 29 |
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1990, No. 34 |
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1962, No. 12 |
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1997, No. 4 |
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1994, No. 2 |
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2005, No. 2 |
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2001, No. 50 |
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Criminal Justice (United Nations Convention Against Torture) Act 2000 |
2000, No. 11 |
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1976, No. 32 |
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1997, No. 14 |
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2006, No. 11 |
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1976, No. 14 |
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1990, No. 32 |
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Criminal Procedure Act 1865 |
28 & 29 Vic., c. 18 |
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1967, No. 12 |
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1998, No. 51 |
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2003, No. 45 |
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Explosives Act 1875 |
38 & 39 Vic., c. 17 |
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1965, No. 17 |
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1925, No. 17 |
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1964, No. 1 |
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Firearms Acts 1925 to 2000 |
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1990, No. 12 |
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2000, No. 20 |
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2005, No. 20 |
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1946, No. 9 |
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Health Acts 1947 to 2006 |
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2005, No. 27 |
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2004, No. 1 |
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2001, No. 37 |
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1955, No. 29 |
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1977, No. 12 |
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1997, No. 26 |
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1939, No. 13 |
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Offences Against the State Acts 1939 to 1998 |
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Petty Sessions (Ireland) Act 1851 |
14 & 15 Vic., c. 93 |
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Police (Property) Act 1897 |
60 & 61 Vic., c. 30 |
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2001, No. 27 |
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Prevention of Corruption Acts 1889 to 2001 |
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1970, No. 11 |
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Prisons Acts 1826 to 1980 |
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1996, No. 30 |
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1961, No. 24 |
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2001, No. 18 |
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1938, No. 37 |
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1930, No. 29 |
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1976, No. 39 |
Number 26 of 2006
CRIMINAL JUSTICE ACT 2006
REVISED
Updated to 19 July 2023
AN ACT TO AMEND AND EXTEND THE POWERS OF THE GARDA SÍOCHÁNA IN RELATION TO THE INVESTIGATION OF OFFENCES; TO AMEND CRIMINAL LAW AND PROCEDURE IN OTHER RESPECTS, INCLUDING PROVISION FOR THE ADMISSIBILITY IN EVIDENCE OF CERTAIN WITNESS STATEMENTS, AN EXTENSION OF THE CIRCUMSTANCES IN WHICH THE ATTORNEY GENERAL IN ANY CASE OR, IF HE OR SHE IS THE PROSECUTING AUTHORITY IN A TRIAL, THE DIRECTOR OF PUBLIC PROSECUTIONS MAY REFER A QUESTION OF LAW TO THE SUPREME COURT FOR DETERMINATION OR TAKE AN APPEAL IN CRIMINAL PROCEEDINGS, PROVISION FOR OFFENCES RELATING TO ORGANISED CRIME, AMENDMENTS TO THE MISUSE OF DRUGS ACT 1977, AN OBLIGATION, IN THE INTERESTS OF THE COMMON GOOD, ON PERSONS CONVICTED ON INDICTMENT OF CERTAIN DRUG TRAFFICKING OFFENCES TO NOTIFY CERTAIN INFORMATION TO THE GARDA SÍOCHÁNA, PROVISIONS IN RELATION TO SENTENCING, A RESTRICTION OF THE OFFENCES TO WHICH SECTION 10(4) OF THE PETTY SESSIONS (IRELAND) ACT 1851 APPLIES, AN AMENDMENT OF THE JURISDICTION OF THE DISTRICT COURT AND THE CIRCUIT COURT IN CRIMINAL MATTERS, THE IMPOSITION OF FIXED CHARGES IN RESPECT OF CERTAIN OFFENCES UNDER THE CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994 AND AN AMENDMENT OF THE PETTY SESSIONS (IRELAND) ACT 1851 RELATING TO THE ISSUE AND EXECUTION OF CERTAIN WARRANTS; TO AMEND THE FIREARMS ACTS 1925 TO 2000 AND THE EXPLOSIVES ACT 1875; TO MAKE PROVISION IN RELATION TO ANTI-SOCIAL BEHAVIOUR BY ADULTS AND CHILDREN; TO AMEND THE CHILDREN ACT 2001; TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS AN COISTE COMHAIRLEACH UM CHÓDÚ AN DLÍ CHOIRIÚIL OR, IN THE ENGLISH LANGUAGE AS, THE CRIMINAL LAW CODIFICATION ADVISORY COMMITTEE AND TO PROVIDE FOR RELATED MATTERS.
[16th July, 2006]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Terms “probation officer”, “welfare officer” and “probation and welfare officer” construed (1.10.2011 with retrospective effect from 19.05.2006) by Criminal Justice (Community Service) (Amendment) Act 2011 (24/2011), s. 13, in effect as per s. 13(4).
References to Probation and Welfare Service, etc.
13.— ...
(2) A person appointed by the Minister who was before the coming into operation of this section referred to as—
(a) a probation officer,
(b) a welfare officer, or
(c) a probation and welfare officer,
shall, on and after that date, be referred to as a probation officer and, references in any enactment to an officer referred to in paragraph (a), (b) or (c) shall be construed accordingly.
C2
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
No. 26 of 2006 |
Criminal Justice Act 2006 |
Sections 112, 118(7), 119(3), 170(3) and 174 |
|
... |
... |
... |
C3
Application of collectively cited Firearms Acts 1925 to 2009 extended by European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), reg. 8, as amended (29.10.2010) by European Communities (Acquisition and Possession of Weapons and Ammunition) (Amendment) Regulations 2010 (S.I. No. 493 of 2010), reg. 3(1)(c), in effect as per reg. 1(3).
Provisions of Firearms Acts and other Statutes.
8. The provisions of the Firearms Acts and other relevant statutes, including provisions relating to powers of the Garda Síochána and Customs Officers, shall extend to a European Firearms Pass or other document to which these Regulations relate and a reference in those enactments to a firearm certificate shall, where the context so admits, include reference to any such document.
...