Criminal Procedure Act 2010
Number 27 of 2010
CRIMINAL PROCEDURE ACT 2010
REVISED
Updated to 1 November 2023
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 Screening of Third Country Transactions Act 2023 (28/2022), 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 27 of 2010
CRIMINAL PROCEDURE ACT 2010
REVISED
Updated to 1 November 2023
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 (repealed)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 1 November 2023
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: