Criminal Justice Act 2011

Number 22 of 2011

CRIMINAL JUSTICE ACT 2011

REVISED

Updated to 1 November 2023

This Revised Act is an administrative consolidation of the Criminal Justice Act 2011. 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 22 of 2011

CRIMINAL JUSTICE ACT 2011

REVISED

Updated to 1 November 2023

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation.

3. Relevant offences for purposes of this Act.

4. Orders and regulations.

5. Repeals.

6. Expenses.

PART 2

Detention

7. Amendment of section 4 of Act of 1984.

8. Failure to return to Garda Síochána station as required pursuant to section 4 of Act of 1984.

9. Further amendment of Act of 1984.

10. Amendment of section 2 of Offences against the State (Amendment) Act 1998.

11. Amendment of section 72A of Criminal Justice Act 2006.

12. Amendment of section 3 of Criminal Justice (Forensic Evidence) Act 1990.

13. Amendment of section 5 of Criminal Justice (Drug Trafficking) Act 1996.

14. Amendment of section 52 of Criminal Justice Act 2007.

PART 3

Provisions relating to Documents and Information

15. Order to produce documents or provide information.

16. Privileged legal material.

17. Concealing facts disclosed by documents.

18. Presumptions relating to documents.

19. Withholding information.

20. Protection for employees from penalisation for disclosing information relating to relevant offences.

21. Offences, etc.

22. Liability for offences by bodies corporate.

SCHEDULE 1

“RELEVANT OFFENCES” FOR THE PURPOSES OF THIS ACT

SCHEDULE 2

REDRESS FOR CONTRAVENTION OF SECTION 20(1)

Acts Referred to

Bankruptcy Act 1988

1988, No. 27

Central Bank Act 1971

1971, No. 24

Central Bank Reform Act 2010

2010, No. 23

Companies (Amendment) (No. 2) Act 1999

1999, No. 2

Companies (Amendment) Act 1986

1986, No. 25

Companies Act 1963

1963, No. 33

Companies Act 1990

1990, No. 33

Companies Acts

Consumer Credit Act 1995

1995, No. 24

Consumer Protection Act 2007

2007, No. 19

Criminal Damage Act 1991

1991, No. 31

Criminal Evidence Act 1992

1992, No. 12

Criminal Justice (Drug Trafficking) Act 1996

1996, No. 10

Criminal Justice (Forensic Evidence) Act 1990

1990, No. 34

Criminal Justice (Miscellaneous Provisions) Act 2009

2009, No. 28

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

2010, No. 6

Criminal Justice (Terrorist Offences) Act 2005

2005, No. 2

Criminal Justice (Theft and Fraud Offences) Act 2001

2001, No. 50

Criminal Justice Act 1984

1984, No. 22

Criminal Justice Act 2006

2006, No. 26

Criminal Justice Act 2007

2007, No. 29

Criminal Law Act 1997

1997, No. 14

Debtors (Ireland) Act 1840

3 & 4 Vic., c. 105

Employment Permits Act 2006

2006, No. 16

Insurance Act 1989

1989, No. 3

Investment Funds, Companies and Miscellaneous Provisions Act 2005

2005, No. 12

Investment Intermediaries Act 1995

1995, No. 11

Investment Limited Partnerships Act 1994

1994, No. 24

Investor Compensation Act 1998

1998, No. 37

Markets in Financial Instruments and Miscellaneous Provisions Act 2007

2007, No. 37

National Asset Management Agency Act 2009

2009, No. 34

Offences against the State (Amendment) Act 1998

1998, No. 39

Petty Sessions (Ireland) Act 1851

14 & 15 Vic., c. 93

Prevention of Corruption (Amendment) Act 2001

2001, No. 27

Prevention of Corruption Act 1906

6 Edw. 7, c. 34

Protection of Employees (Employers’ Insolvency) Act 1984

1984, No. 21

Protection of Employees (Fixed-Term Work) Act 2003

2003, No. 29

Registration of Title Act 1964

1964, No. 16

Trustee Savings Banks Act 1989

1989, No. 21

Unfair Dismissals Act 1977

1977, No. 10

Unfair Dismissals Acts 1977 to 2007

Unit Trusts Act 1990

1990, No. 37

Number 22 of 2011

CRIMINAL JUSTICE ACT 2011

REVISED

Updated to 1 November 2023

AN ACT TO AMEND CRIMINAL LAW AND PROCEDURE RELATING TO THE INVESTIGATION AND PROSECUTION OF CERTAIN OFFENCES AND, FOR THAT PURPOSE, TO AMEND THE CRIMINAL JUSTICE ACT 1984 TO PROVIDE FOR THE SUSPENSION IN CERTAIN CIRCUMSTANCES OF THE DETENTION OF PERSONS DETAINED BY THE GARDA SÍOCHÁNA UNDER THAT ACT IN CONNECTION WITH THE INVESTIGATION OF SUCH OFFENCES; TO PROVIDE A POWER FOR JUDGES OF THE DISTRICT COURT TO ORDER PERSONS IN CERTAIN CIRCUMSTANCES TO PRODUCE DOCUMENTS OR PROVIDE INFORMATION OR BOTH FOR THE PURPOSES OF THE INVESTIGATION OF SUCH OFFENCES; TO AMEND THE CRIMINAL JUSTICE ACT 1984 TO MAKE FURTHER AND BETTER PROVISION FOR PERSONS DETAINED BY THE GARDA SÍOCHÁNA UNDER THAT ACT BETWEEN THE HOURS OF MIDNIGHT AND 8 A.M.; TO AMEND THAT ACT AND CERTAIN OTHER ENACTMENTS TO MAKE FURTHER AND BETTER PROVISION FOR CONSULTATION WITH A SOLICITOR BY PERSONS DETAINED BY THE GARDA SÍOCHÁNA UNDER THAT ACT AND THOSE ENACTMENTS IN CONNECTION WITH THE INVESTIGATION OF OFFENCES; TO PROVIDE FOR OFFENCES RELATING TO THE CONCEALMENT OF FACTS DISCLOSED BY DOCUMENTS AND THE WITHHOLDING OF INFORMATION IN CERTAIN CIRCUMSTANCES; AND TO PROVIDE FOR RELATED MATTERS.

[2nd August, 2011]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: