Criminal Justice Act 2007
Number 29 of 2007
CRIMINAL JUSTICE ACT 2007
REVISED
Updated to 1 November 2023
This Revised Act is an administrative consolidation of the Criminal Justice Act 2007. 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 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 29 of 2007
CRIMINAL JUSTICE ACT 2007
REVISED
Updated to 1 November 2023
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title, collective citations, construction and commencement.
Amendment of Enactments Relating to Bail
5. Amendment of section 1 of Act of 1997.
6. Statement by applicants for bail charged with serious offences.
7. Evidence in applications for bail under section 2.
8. Amendment of section 5 of Act of 1997.
9. Amendment of section 6 of Act of 1997.
10. Application of section 6 in relation to certain appellants.
11. Electronic monitoring of certain persons admitted to bail.
12. Evidence of electronic monitoring.
13. Arrangements for electronic monitoring.
14. Amendment of section 8 of Act of 1997.
15. Estreatment of recognisance and forfeiture of moneys paid into court.
17. Amendment of Schedule to Act of 1997.
18. Amendment of section 22 of Act of 1967.
19. Amendment of section 28 of Act of 1967.
20. Amendment of section 31 of Act of 1967.
21. Amendment of section 68 of Children Act 2001.
22. Amendment of section 11 of Act of 1984.
23. Amendment of section 13 of Act of 1984.
Sentencing
25. Commission of another offence within specified period.
26. Monitoring orders and protection of persons orders.
26A. Post-release orders in cases of certain offences.
27. Amendment of Criminal Justice (Legal Aid) Act 1962.
Inferences to be Drawn in Certain Circumstances
28. Inferences from failure or refusal to account for objects, marks, etc.
29. Inferences from failure or refusal to account for accused's presence at a particular place.
30. Inferences from failure of accused to mention particular facts.
31. Amendment of section 2 of Offences Against the State (Amendment) Act 1998.
Misuse of Drugs
33. Amendment of section 27 of Misuse of Drugs Act 1977.
Amendment of Firearms Acts 1925 to 2006
34. Amendment of section 2 of Act of 1925.
35. Amendment of section 15 of Act of 1925.
36. Amendment of section 26 of Act of 1964.
37. Amendment of section 27 of Act of 1964.
38. Amendment of section 27A of Act of 1964.
39. Amendment of section 27B of Act of 1964.
40. Amendment of section 12A of Act of 1990.
Amendment of Garda Síochána Act 2005
41. Establishment and functions of Garda Síochána Executive Management Board.
42. Special inquiries relating to Garda Síochána.
43. Other amendments to Act of 2005.
Amendments to the Sea-Fisheries Acts 2003 and 2006
44. Amendments to Sea-Fisheries Acts 2003 and 2006.
Miscellaneous
45. Amendment of Garda Síochána (Complaints) Act 1986.
47. Amendment of section 15 of Criminal Justice (Theft and Fraud Offences) Act 2001.
50. Powers of detention for specified offences.
52. Application of certain provisions of Act of 1984.
53. Amendment of Criminal Justice (Forensic Evidence) Act 1990.
54. Amendment of section 5 of Criminal Justice (Drug Trafficking) Act 1996.
55. Amendment of section 9 of Act of 1984.
56. Copy of recording of questioning by Garda Síochána to be given to accused.
57. Admission in evidence of recording of questioning of accused by Garda Síochána.
58. Amendment of section 8 of Criminal Assets Bureau Act 1996.
59. Amendment of section 29 of Courts of Justice Act 1924.
60. Amendment of section 99 of Act of 2006.
Enactments Repealed
Offences for the purposes of Part 3
Acts Referred to
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1997, No. 16 |
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2001, No. 24 |
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1996, No. 31 |
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1968, No. 14 |
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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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1990, No. 16 |
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1993, No. 6 |
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1994, No. 15 |
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2006, No. 26 |
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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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1994, No. 2 |
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2001, No. 50 |
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1976, No. 14 |
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1997, No. 14 |
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1967, No. 12 |
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1997, No. 2 |
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Explosive Substances Act 1883 |
46 & 47 Vic., c. 3 |
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Explosives Act 1875 |
38 & 39 Vic., c. 17 |
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2000, No. 20 |
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1925, No. 17 |
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1964, No. 1 |
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Firearms Acts 1925 to 2006 |
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1990, No. 12 |
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1986, No. 29 |
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2005, No. 20 |
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1977, No. 12 |
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Misuse of Drugs Acts 1977 to 2006 |
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1997, No. 11 |
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1997, No. 26 |
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1998, No. 39 |
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1939, No. 13 |
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Petty Sessions (Ireland) Act 1851 |
14 & 15 Vic., c. 30 |
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1970, No. 11 |
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1972, No. 7 |
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2001, No. 45 |
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Sea-Fisheries Acts 2003 and 2006 |
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2006, No. 8 |
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1924, No. 10 |
Number 29 of 2007
CRIMINAL JUSTICE ACT 2007
REVISED
Updated to 1 November 2023
AN ACT TO AMEND CERTAIN ENACTMENTS, INCLUDING THE BAIL ACT 1997, THE CRIMINAL JUSTICE ACT 1984, THE CRIMINAL JUSTICE (LEGAL AID) ACT 1962, THE OFFENCES AGAINST THE STATE (AMENDMENT) ACT 1998, THE MISUSE OF DRUGS ACT 1977, THE FIREARMS ACTS 1925 TO 2006, THE GARDA SÍOCHÁNA ACT 2005, THE CRIMINAL JUSTICE ACT 2006, THE CRIMINAL ASSETS BUREAU ACT 1996 AND THE SEA-FISHERIES ACTS 2003 AND 2006, TO AMEND THE LAW IN RELATION TO SENTENCING IN CERTAIN RESPECTS, TO MAKE PROVISION IN RELATION TO THE ADMINISTRATION OF CAUTIONS BY MEMBERS OF THE GARDA SÍOCHÁNA TO PERSONS IN RELATION TO OFFENCES, TO PROVIDE FOR ADDITIONAL POWERS OF DETENTION BY THE GARDA SÍOCHÁNA OF PERSONS SUSPECTED OF CERTAIN OFFENCES FOLLOWING ARREST OR REARREST OF SUCH PERSONS IN CONNECTION WITH THE INVESTIGATION OF SUCH OFFENCES, AND TO PROVIDE FOR RELATED MATTERS.
[9th May, 2007]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
References to “Department of Justice and Law Reform” and “Minister for Justice and Law Reform” construed (2.04.2011) by Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 138 of 2011), in effect as per art. 1(2).
4. In an enactment or instrument made under an enactment—
(a) references to the Department of Justice and Law Reform shall be construed as references to the Department of Justice and Equality;
(b) references to the Minister for Justice and Law Reform shall be construed as references to the Minister for Justice and Equality.
Editorial Notes:
E1
Previous affecting provision: references to “Department of Justice, Equality and Law Reform” and “Minister for Justice, Equality and Law Reform” construed (2.06.2010) by Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 216 of 2010), in effect as per art. 1(2); superseded as per C-note above.