Criminal Procedure Act 1993

Number 40 of 1993

CRIMINAL PROCEDURE ACT 1993

REVISED

Updated to 17 February 2020

This Revised Act is an administrative consolidation of the Criminal Procedure Act 1993. 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 Consumer Insurance Contracts Act 2019 (53/2019), enacted 26 December 2019, and all statutory instruments up to and including the Occupational Pension Schemes (Revaluation) Regulations 2020 (S.I. No. 52 of 2020), made 17 February 2020, 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 40 of 1993


CRIMINAL PROCEDURE ACT 1993

REVISED

Updated to 17 February 2020


ARRANGEMENT OF SECTIONS


Acts Referred to

Courts of Justice Act, 1924

1924, No. 10

Courts of Justice Act, 1928

1928, No. 15

Courts-Martial Appeals Act, 1983

1983, No. 19

Criminal Justice (Legal Aid) Act, 1962

1962, No. 12

Criminal Procedure Act, 1967

1967, No. 12

Defence Act, 1954

1954, No. 18

Offences Against the State Act, 1939

1939, No. 13

Tribunals of Inquiry (Evidence) Act, 1921

11 Geo. 5., c. 7

Tribunals of Inquiry (Evidence) (Amendment) Act, 1979

1979, No. 3


Number 40 of 1993


CRIMINAL PROCEDURE ACT 1993

REVISED

Updated to 17 February 2020


AN ACT TO PROVIDE FOR JUDICIAL REVIEW OF CERTAIN CONVICTIONS AND SENTENCES, FOR PRESENTATION OF PETITIONS FOR THE GRANT OF PARDON ON THE GROUNDS OF MISCARRIAGE OF JUSTICE, FOR PAYMENT OF COMPENSATION BY THE STATE TO OR IN RESPECT OF PERSONS CONVICTED AS A RESULT OF A MISCARRIAGE OF JUSTICE AND FOR CONNECTED MATTERS. [29th December, 1993]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

Application of Act restricted (1.02.2007) by Transfer of Execution of Sentences Act 2005 (28/2005), ss. 10(1), 11, S.I. No. 647 of 2006.

Execution of sentence imposed in sentencing country.

10.—(1) Subject to subsections (2) and (3), the High Court may, where a person is—

(a) brought before it under subsection (8) of section 8,

(b) brought before it under subsection (4) of section 9 at the same time as the certificate is produced in accordance with the said subsection (4), or

(c) before the High Court, by reason of having been remanded under the said subsection (4), at the same time as, or at any time after, the certificate is produced in accordance with the said subsection (4),

make an order committing the person to a prison [...] for a period equal to—

(i) in the case of a person who fled from the sentencing country before he or she began serving the sentence concerned, the period of the sentence less the deductible period, or

(ii) in the case of a person who served part of the sentence concerned but fled from the sentencing country before he or she completed serving that sentence, the period of the sentence that remains unserved less the deductible period.

...

Criminal Procedure Act 1993 disapplied.

11.—The Criminal Procedure Act 1993 shall not apply to a person to whom an order under subsection (1) of section 10 applies.

C2

Application of Act restricted (17.07.1995) by Transfer of Sentenced Person Act 1995 (16/1995), s. 7(9), commenced on enactment.

Issue of warrants for bringing of persons into State.

7.— ...

(9) The Criminal Procedure Act, 1993, shall not apply to a person in respect of whom a warrant is issued under this section.