Criminal Procedure Act 2010
Number 27 of 2010
CRIMINAL PROCEDURE ACT 2010
REVISED
Updated to 28 February 2022
This Revised Act is an administrative consolidation of the Criminal Procedure Act 2010. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 2010 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Electricity Costs (Domestic Electricity Accounts) Emergency Measures Act 2022 (1/2022), enacted 4 March 2022, and all statutory instruments up to and including the Criminal Procedure Act 2021 (Commencement) Order 2022 (S.I. No. 79 of 2022), made 23 February 2022, 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 27 of 2010
CRIMINAL PROCEDURE ACT 2010
REVISED
Updated to 28 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 passed.
Related legislation
This Act is not collectively cited with any other Act.
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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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
• Criminal Justice (Perjury and Related Offences) Act 2021 (13/2021)
• Criminal Procedure Act 2021 (7/2021)
• Criminal Justice (Corruption Offences) Act 2018 (9/2018)
• Protection of Cultural Property in the event of Armed Conflict (Hague Convention) Act 2017 (36/2017)
• Criminal Law (Sexual Offences) Act 2017 (2/2017)
• Court of Appeal Act 2014 (18/2014)
• Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014)
All Acts up to and including Electricity Costs (Domestic Electricity Accounts) Emergency Measures Act 2022 (1/2022), enacted 4 March 2022, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Criminal Procedure Act 2010 (Commencement) Order 2010 (S.I. No. 414 of 2010)
All statutory instruments up to and including Criminal Procedure Act 2021 (Commencement) Order 2022 (S.I. No. 79 of 2022), made 23 February 2022, were considered in the preparation of this revision.
Number 27 of 2010
CRIMINAL PROCEDURE ACT 2010
REVISED
Updated to 28 February 2022
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title and commencement.
Impact of Crime on Victim
4. Amendment of section 5 of Act of 1993.
5. Evidence through television link.
6. Evidence through intermediary.
Exceptions to rule against double jeopardy
Interpretation
Application for re-trial orders under Part 3
9. Application by Director for re-trial order where previous acquittal tainted.
12. Orders to safeguard fairness of re-trial.
14. Appeals on point of law to Supreme Court. (repealed)
Approval of District Court for exercise of certain powers relating to persons acquitted of relevant offences
15. Certain powers may be used only in accordance with Act.
Miscellaneous
19. Admissibility of evidence in proceedings under Part.
20. Other appeals or review rights not affected.
21. Application of section 6 of Prosecution of Offences Act 1974.
22. Rules of court and expeditious hearings.
Appeals and Matters Relating to Appeals
With prejudice prosecution appeals
23. Appeals by Director etc., in certain criminal proceedings.
24. No appeal in certain circumstances.
25. Orders to safeguard fairness of re-trial.
26. Order for re-trial following appeal under section 23.
27. Amendment of section 3 of Criminal Justice Act 1994.
28. Other appeals or review rights not affected.
29. Application of section 6 of Prosecution of Offences Act 1974.
30. Rules of court and expeditious hearings.
Miscellaneous matters relating to appeals
31. Amendment of Courts of Justice Act 1924.
32. Amendment of section 44 of Offences Against the State Act 1939.
MISCELLANEOUS PROVISIONS
Giving of Evidence
33. Amendment of Criminal Justice (Evidence) Act 1924.
34. Expert evidence adduced by defence.
35. Return or disposal of property to be used as evidence.
Miscellaneous amendments
36. Amendment of section 22 of Courts Act 1991.
38. Amendment to First Schedule to Criminal Justice Act 1951.
RELEVANT OFFENCES
Acts Referred to
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1973, No. 29 |
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1975, No. 9 |
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2009, No. 18 |
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1998, No. 22 |
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2001, No. 24 |
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1991, No. 20 |
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1924, No. 10 |
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1991, No. 31 |
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1992, No. 12 |
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1924, No. 37 |
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1962, No. 12 |
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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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1951, No. 2 |
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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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1999, No. 10 |
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2006, No. 26 |
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2008, No. 8 |
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2006, No. 11 |
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1990, No. 32 |
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2006, No. 15 |
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1967, No. 12 |
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Explosive Substances Act 1883 |
46 & 47 Vict., c. 3 |
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1925, No. 17 |
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1964, No. 1 |
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2006, No. 30 |
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2004, No. 29 |
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1977, No. 12 |
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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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Prevention of Corruption Act 1906 |
6 Edw. 7, c. 34 |
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2007, No. 10 |
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1974, No. 22 |
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Punishment of Incest Act 1908 |
8 Edw. 7, c. 45 |
Number 27 of 2010
CRIMINAL PROCEDURE ACT 2010
REVISED
Updated to 28 February 2022
AN ACT TO AMEND AND EXTEND THE CRIMINAL JUSTICE ACT 1993; TO AMEND CRIMINAL LAW AND PROCEDURE IN OTHER RESPECTS, INCLUDING MAKING PROVISION FOR EXCEPTIONS TO THE RULE AGAINST DOUBLE JEOPARDY SO AS TO ENABLE THE COURT OF CRIMINAL APPEAL TO HEAR AND DETERMINE APPLICATIONS BROUGHT IN CERTAIN CIRCUMSTANCES BY THE DIRECTOR OF PUBLIC PROSECUTIONS TO QUASH CERTAIN ACQUITTALS AND TO HAVE PERSONS WHO ARE THE SUBJECT OF THOSE APPLICATIONS RE-TRIED, AND TO PROVIDE FOR AN APPEAL TO THE SUPREME COURT ON A POINT OF LAW FROM A DETERMINATION OF THE COURT OF CRIMINAL APPEAL IN RESPECT OF SUCH APPLICATIONS; TO EXTEND THE POWERS OF THE GARDA SÍOCHÁNA IN RELATION TO THE INVESTIGATION OF CERTAIN OFFENCES; TO EXTEND THE CIRCUMSTANCES IN WHICH THE DIRECTOR OF PUBLIC PROSECUTIONS OR THE ATTORNEY GENERAL, AS MAY BE APPROPRIATE, MAY TAKE AN APPEAL IN CRIMINAL PROCEEDINGS; TO AMEND THE CRIMINAL JUSTICE (EVIDENCE) ACT 1924 AND TO AMEND AND EXTEND THE LAW RELATING TO EVIDENCE IN OTHER RESPECTS; TO AMEND THE CRIMINAL JUSTICE ACT 1994, THE COURTS ACT 1991, THE CRIMINAL PROCEDURE ACT 1967, THE CRIMINAL JUSTICE (LEGAL AID) ACT 1962, THE CRIMINAL JUSTICE ACT 1951, THE OFFENCES AGAINST THE STATE ACT 1939 AND THE COURTS OF JUSTICE ACT 1924; AND TO PROVIDE FOR RELATED MATTERS.
[20th July, 2010]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: