Criminal Justice (Mutual Assistance) Act 2008
Number 7 of 2008
CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008
REVISED
Updated to 1 February 2022
This Revised Act is an administrative consolidation of the Criminal Justice (Mutual Assistance) Act 2008. 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 Maritime Area Planning Act 2021 (50/2021), enacted 23 December 2021, and all statutory instruments up to and including the Criminal Justice (Mutual Assistance) Act 2008 (Designation of United Kingdom) Order 2022 (S.I. No. 44 of 2022), made 1 February 2022, 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 7 of 2008
CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008
REVISED
Updated to 1 February 2022
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 first passed.
Related legislation
Criminal Justice (Mutual Assistance) Acts 2008 and 2015: this Act is one of a group of Acts included in this collective citation (Criminal Justice (Mutual Assistance) (Amendment) Act 2015) (40/2015), s. 37(2)). The Acts in the group are:
• Criminal Justice (Mutual Assistance) Act 2008 (7/2008)
• Criminal Justice (Mutual Assistance) (Amendment) Act 2015 (40/2015)
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.
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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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
• Criminal Justice (Perjury and Related Offences) Act 2021 (13/2021)
• Criminal Procedure Act 2021 (7/2021)
• Criminal Justice (International Co-Operation) Act 2019 (27/2019)
• Criminal Law (Extraterritorial Jurisdiction) Act 2019 (6/2019)
• Data Protection Act 2018 (7/2018)
• Protection of Cultural Property in the Event of Armed Conflict (Hague Convention) Act 2017 (36/2017)
• Prisons Act 2015 (57/2015)
• Criminal Justice (Mutual Assistance) (Amendment) Act 2015 (40/2015)
• Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014)
• Europol Act 2012 (53/2012)
• Central Bank Reform Act 2010 (23/2010)
• Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (6/2010)
• Criminal Justice Act 1994 (15/1994)
All Acts up to and including Maritime Area Planning Act 2021 (50/2021), enacted 23 December 2021, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Criminal Justice (Mutual Assistance) Act 2008 (Designation of United Kingdom) Order 2022 (S.I. No. 44 of 2021)
• European Union (Criminal Justice (Mutual Assistance) Act 2008) (Amendment) Regulations 2022 (S.I. No. 38 of 2021)
• Criminal Justice (Mutual Assistance) Act 2008 (Designation of Japan in Accordance with the Agreement with Japan) Order 2020 (S.I. No. 151 of 2020)
• European Union (Eurojust) Regulations 2019 (S.I. No. 637 of 2019)
• Criminal Justice (Mutual Assistance) Act 2008 (Designation of States in Accordance with the Protocol of Convention for the Protection of Cultural Property in the Event of Armed Conflict) Order 2018 (S.I. No. 300 of 2018)
• Criminal Justice (Mutual Assistance) Act 2008 (Commencement) Order 2014 (S.I. No. 541 of 2014)
• Criminal Justice (Mutual Assistance) Act 2008 (Section 4) Order 2012 (S.I. No. 222 of 2012)
• Criminal Justice (Mutual Assistance) Act, 2008 (Section 4) (No. 2) Order 2011 (S.I. No. 561 of 2011)
• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)
• Criminal Justice (Mutual Assistance) Act 2008 (Section 4) Order 2011 (S.I. No. 60 of 2011)
• Criminal Justice (Mutual Assistance) Act 2008 (Section 4) (No. 2) Order 2010 (S.I. No. 372 of 2010)
• Criminal Justice (Mutual Assistance) Act 2008 (Section 4) Order 2010 (S.I. No. 42 of 2010)
• Criminal Justice (Mutual Assistance) Act 2008 (Commencement) Order 2008 (S.I. No. 338 of 2008)
All statutory instruments up to and including Criminal Justice (Mutual Assistance) Act 2008 (Designation of United Kingdom) Order 2022 (S.I. No. 44 of 2021), made 1 February 2022, were considered in the preparation of this revision.
Number 7 of 2008
CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008
REVISED
Updated to 1 February 2022
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title and commencement.
3. General restriction on providing assistance.
5. Certain Articles of 2000 Convention and Second Additional Protocol to have force of law.
7. Transmission of evidence to designated state (general).
9. Spontaneous exchange of information.
Information about Financial Transactions for Criminal Investigation Purposes
Information about financial transactions for use in the State
13. Account information order and account monitoring order.
14. Request to designated state for information about financial transactions.
Information about financial transactions for use in designated state
15. Request from designated state for information about financial transactions.
17. Account information order and account monitoring order on foot of request.
18. Transmission of information obtained to requesting authority.
19. Requesting authority to be informed of possible further investigations.
Supplementary
20. Variation or discharge of account information order or account monitoring order.
Interception of Telecommunications Messages
Introductory
Requests for interception where technical assistance required
Notifications of other interceptions
Miscellaneous
28. Indirect interception of telecommunications messages.
29. Application of Act of 1993 in relation to this Part.
30. Amendment of section 110 of Act of 1983.
Freezing, Confiscation and Forfeiture of Property
Interpretation
Freezing of Property
32. Freezing order relating to evidence.
33. Transmission of freezing order for enforcement outside the State.
34. Transmission of external freezing orders to State for enforcement.
35. Recognition and enforcement of external freezing orders.
36. Application, etc., of freezing co-operation orders.
37. Registration of freezing co-operation orders.
38. Exercise of powers under this Chapter by High Court or receiver.
39. Receivers: supplementary provisions.
40. Bankruptcy of defendant, etc.
41. Property subject to freezing co-operation order dealt with by Official Assignee.
42. Application of proceeds of realisation.
43. Winding up of company holding realisable property.
44. Duration of freezing co-operation order.
45. Variation or discharge of freezing co-operation order.
46. Refusal to make freezing co-operation order.
47. Postponement of freezing co-operation order.
48. Subsequent treatment of frozen property.
Confiscation of Property
49. Request for confiscation of property in designated state.
50. Transmission to State of external confiscation order.
51. Confiscation co-operation order.
51A. External confiscation orders (member states).
51C. Postponement of confiscation.
51D. Variation or discharge of confiscation co-operation orders.
51E. Variation or discharge of external confiscation orders from member states.
51F. Termination of external confiscation orders from member states.
51G. Central Authority to inform competent authority.
52. Enforcement, etc., of confiscation co-operation orders.
53. Realisation of property subject to confiscation co-operation order.
54. Interest on sums unpaid under confiscation co-operation orders.
55. Payments under confiscation co-operation orders to be expressed in euro.
56. Exercise of powers under this Chapter by High Court or receiver.
Forfeiture of Property
58. Transmission of external forfeiture order to designated state for enforcement.
59. Transmission of external forfeiture order to State for enforcement.
60. Forfeiture co-operation order.
Financial Penalties
60B. Request for execution of financial penalty order in member state.
60C. Transmission to State of external financial penalty order.
60D. External financial penalty orders.
60E. Refusal to execute external financial penalty order.
60F. Variation of amount payable under external financial penalty order.
60G. Termination of execution of external financial penalty order.
60H. Central Authority to inform competent authority.
60I. Amounts to accrue to Exchequer.
Provision of Evidence
Interpretation
Taking of Evidence
62. Evidence from person in designated state.
Evidence of prisoners
65. Transfer of prisoner to give evidence or assist criminal investigation in State.
66. Transfer of prisoner to give evidence or assist investigation outside State.
Evidence through television link
67. Evidence through television link for use in State.
68. Request for evidence through television link for use outside State.
Evidence by telephone link for use outside State
Search for Evidence
73. Search for evidence at place in designated state.
74. Search for evidence for use outside State (general).
75. Search for particular evidence for use outside State.
75A. Powers of officers of Revenue Commissioners.
Identification evidence
77. Identification evidence for use in State.
78. Identification evidence for use outside State.
Other Forms of Assistance
Service of documents
80. Documents for service outside State.
82. Service of documents in State.
Examining objects and sites
83. Examining objects and sites.
Restitution
84. Restitution of stolen property from designated state.
85. Request to State for restitution of stolen property.
Controlled deliveries
88. Interpretation (Chapter 4).
89. Controlled delivery in designated state.
90. Controlled delivery in State.
91. Amendment of Garda Síochána Act 2005.
Mutual Assistance in Criminal Matters Between the State and the United States of America
94. Application in State of Ireland - US Treaty.
Special Intervention Units
94B. Special intervention unit.
94D. Request to State for assistance of special intervention unit in dealing with crisis situation.
94E. Operation of special intervention unit.
Miscellaneous
95A. Eurojust national member.
96. Application and amendment of Criminal Justice (Joint Investigation Teams) Act 2004.
97. Presence of representatives of requesting state at execution of request.
98. Presence of members of Garda Síochána at execution of request in designated state.
99. Use of information or evidence obtained in response to request in designated state.
100. Disclosure prejudicing investigation.
101. Liability of officers of body corporate.
102. Evidence in proceedings (general).
104. Recognition of third party rights.
105. Amendment of Criminal Justice Act 1994.
106. Amendment of section 8(7) of Criminal Assets Bureau Act 1996.
107. Personal data protection.
108. Exercise of powers by judge of District Court outside district court district.
111. Laying of orders or regulations before Houses of Oireachtas.
Text of 2000 Convention
Text of 2001 Protocol
Text of Agreement with Iceland and Norway
Text of Agreement between the European Union and Japan on Mutual Legal Assistance in Criminal Matters
Text of Articles 49 and 51 of Schengen Convention
Text of Framework Decision
Text of 2005 Framework Decision
Text of 2006 Framework Decision
Text of Title III of EC/Swiss Confederation Agreement
Text of 2005 Council Decision
Text of the 2008 Council Decision (special intervention units)
Text of 2009 Council Decision (Repealed)
Text of 2018 Regulation
Text of Titles VIII and XI of Part Three of the Trade and Cooperation Agreement
Text of 1959 Convention
Text of First Additional Protocol to 1959 Convention
Text of Second Additional Protocol to 1959 Convention
Text of Chapter IV of 2005 Convention
Text of Istanbul Convention
Text of Articles 13, 14, 18, 19 and 20 of the United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000.
Text of Articles 46, 49, 50 and 54 to 57 of the United Nations Convention against Corruption, done at New York on 31 October 2003
Text of EU/US Agreement on Mutual Legal Assistance
Text of Ireland/US Treaty of 18 January 2001, as applied by Instrument of 14 July 2005
Acts Referred to
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1997, No. 16 |
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Bankers’ Books Evidence Act 1879 |
42 & 43 Vic., c. 11 |
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1988, No. 27 |
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1971, No. 24 |
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2001, No. 24 |
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1963, No. 33 |
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Companies Acts 1963 to 2006 |
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1961, No. 39 |
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1996, No. 31 |
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1994, No. 15 |
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2006, No. 26 |
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2004, No. 20 |
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1997, No. 4 |
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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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1988, No. 25 |
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Data Protection Acts 1988 and 2003 |
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1985, No. 9 |
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2003, No. 45 |
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1997, No. 38 |
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Extradition Acts 1965 to 2001 |
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1994, No. 6 |
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Extradition (European Convention on the Suppression of Terrorism) Act 1987 |
1987, No. 1 |
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2001, No. 49 |
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2005, No. 20 |
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1999, No. 22 |
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Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 |
1993, No. 10 |
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1978, No. 4 |
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1977, No. 12 |
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1985, No. 18 |
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1963, No. 1 |
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Police (Property) Act 1897 |
60 & 61 Vic., c. 30 |
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1983, No. 24 |
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1970, No. 11 |
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1972, No. 7 |
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Probation of Offenders Act 1907 |
7 Edw. 7., c. 17 |
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2006, No. 12 |
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Registration of Deeds and Title Acts 1964 and 2006 |
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1938, No. 37 |
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1995, No. 16 |
Number 7 of 2008
CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008
REVISED
Updated to 1 February 2022
AN ACT—
(a) TO ENABLE EFFECT TO BE GIVEN IN THE STATE TO CERTAIN INTERNATIONAL AGREEMENTS, OR PROVISIONS OF SUCH AGREEMENTS, BETWEEN THE STATE AND OTHER STATES RELATING TO MUTUAL ASSISTANCE IN CRIMINAL MATTERS;
(b) TO REPEAL AND RE-ENACT, WITH AMENDMENTS, PART VII (INTERNATIONAL CO-OPERATION) OF THE CRIMINAL JUSTICE ACT 1994;
AND TO PROVIDE FOR RELATED MATTERS.
[28th April, 2008]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: