Criminal Justice (Corruption Offences) Act 2018


Number 9 of 2018


CRIMINAL JUSTICE (CORRUPTION OFFENCES) ACT 2018

REVISED

Updated to 1 November 2023


This Revised Act is an administrative consolidation of the Criminal Justice (Corruption Offences) Act 2018. 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 9 of 2018


CRIMINAL JUSTICE (CORRUPTION OFFENCES) ACT 2018

REVISED

Updated to 1 November 2023


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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 (Miscellaneous Provisions) Act 2023 (24/2023)

Online Safety and Media Regulation Act 2022 (41/2022)

Fines Act 2010 (8/2010)

All Acts up to and including Screening of Third Country Transactions Act 2023 (28/2023), enacted 31 October 2023, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Criminal Justice (Corruption Offences) Act 2018 (Commencement) Order 2018 (S.I. No. 298 of 2018)

All statutory instruments up to and including 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 revision.


Number 9 of 2018


CRIMINAL JUSTICE (CORRUPTION OFFENCES) ACT 2018

REVISED

Updated to 1 November 2023


CONTENTS

PART 1

Preliminary and General

1. Short title and commencement

2. Interpretation

3. Regulations

4. Repeals

PART 2

Corruption Offences

5. Active and passive corruption

6. Active and passive trading in influence

7. Corruption in relation to office, employment, position or business

8. Giving gift, consideration or advantage that may be used to facilitate offence under this Act

9. Creating or using false document

10. Intimidation

PART 3

Corruption Occurring Partly in or outside State

11. Corruption occurring partly in State

12. Corruption occurring outside State

13. Location of proceedings relating to offences committed outside State

PART 4

Presumptions Relating to Corruption

14. Presumption of corrupt gift, consideration or advantage

15. Presumption of corrupt donation

16. Presumption of corrupt enrichment

PART 5

Penalties and Enforcement

17. Penalties

18. Offences under this Act and bodies corporate

19. Evidence

20. Seizure of suspected bribe

21. Forfeiture of bribe

22. Application of sections 40, 41, 42 and 45 of Criminal Justice Act 1994 to seized property

PART 6

Miscellaneous

23. Amendment of Criminal Justice Act 1994

24. Amendment of section 16B(1) of Proceeds of Crime Act 1996

25. Amendment of Schedule to Bail Act 1997

26. Amendment of section 6 of Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

27. Amendment of section 7 of Criminal Procedure Act 2010

28. Amendment of Schedule 1 to Criminal Justice Act 2011

29. Amendment of Electoral Act 1992

30. Amendment of Seanad Electoral (University Members) Act 1937

31. Amendment of Seanad Electoral (Panel Members) Act 1947

32. Amendment of European Parliament Elections Act 1997

33. Amendment of section 16(1) of Local Government Act 2001

34. Saver

SCHEDULE 1

Irish Public Bodies

SCHEDULE 2

Enactments Repealed


Acts Referred to

Bail Act 1997 (No. 16)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)

Companies Act 2014 (No. 38)

Coroners Act 1962 (No. 9)

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6)

Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50)

Criminal Justice Act 1994 (No. 15)

Criminal Justice Act 1999 (No. 10)

Criminal Justice Act 2011 (No. 22)

Criminal Procedure Act 2010 (No. 27)

Defence Act 1954 (No. 18)

Electoral Act 1992 (No. 23)

Electoral Act 1997 (No. 25)

Ethics in Public Office Act 1995 (No. 22)

European Communities Act 1972 (No. 27)

European Parliament Elections Act 1997 (No. 2)

Local Elections (Disclosure of Donations and Expenditure) Act 1999 (No. 7)

Local Government Act 2001 (No. 37)

Merchant Shipping (Registration of Ships) Act 2014 (No. 43)

Misuse of Drugs Act 1977 (No. 12)

Official Secrets Act 1963 (No. 1)

Planning and Development Acts 2000 to 2016

Prevention of Corruption (Amendment) Act 2001 (No. 27)

Prevention of Corruption (Amendment) Act 2010 (No. 33)

Prevention of Corruption Act 1906 (6 Edw. 7, c. 34)

Prevention of Corruption Act 1916 (6 & 7 Geo. 5, c. 64)

Prevention of Corruption Acts 1889 to 2010

Proceeds of Crime (Amendment) Act 2005 (No. 1)

Proceeds of Crime Act 1996 (No. 30)

Public Bodies Corrupt Practices Act 1889 (52 & 53 Vict., c. 69)

Seanad Electoral (Panel Members) Act 1947 (No. 42)

Seanad Electoral (University Members) Act 1937 (No. 30)


Number 9 of 2018


CRIMINAL JUSTICE (CORRUPTION OFFENCES) ACT 2018

REVISED

Updated to 1 November 2023


An Act to amend the law regarding the prevention of corruption (including offences relating to corruption) and, in doing so, to give effect to the Convention drawn up on the basis of Article K.3(2)(c) of the Treaty on European Union on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union done at Brussels on 26 May 19971 O.J. No. C195, 25. 6.1997, p.2 , the Organisation for Economic Co-operation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions adopted at Paris on 21 November 1997, the Council of Europe Criminal Law Convention on Corruption done at Strasbourg on 27 January 1999, the Additional Protocol to the Council of Europe Criminal Law Convention on Corruption done at Strasbourg on 15 May 2003 and the United Nations Convention Against Corruption done at New York on 31 October 2003 and to give partial effect to Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 20172 O.J. No. L198, 28. 7.2017, p.28 on the fight against fraud to the Union’s financial interests by means of criminal law; for that purpose, to repeal the Prevention of Corruption Acts 1889 to 2010 and to provide for consequential amendments to other enactments; and to provide for related matters.

[5th June, 2018]

Be it enacted by the Oireachtas as follows: