Criminal Justice (Mutual Assistance) Act 2008
Number 7 of 2008
CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008
REVISED
Updated to 1 November 2023
This Revised Act is an administrative consolidation of the Criminal Justice (Mutual Assistance) Act 2008. 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 revision.
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 7 of 2008
CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008
REVISED
Updated to 1 November 2023
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title and commencement.
2A. Application for purposes of Part 7B.
3. General restriction on providing assistance.
5. Certain Articles of 2000 Convention and Second Additional Protocol to have force of law.
7. Transmission of evidence to designated state (general).
9. Spontaneous exchange of information.
Information about Financial Transactions for Criminal Investigation Purposes
Information about financial transactions for use in the State
13. Account information order and account monitoring order.
14. Request to designated state for information about financial transactions.
Information about financial transactions for use in designated state
15. Request from designated state for information about financial transactions.
17. Account information order and account monitoring order on foot of request.
18. Transmission of information obtained to requesting authority.
19. Requesting authority to be informed of possible further investigations.
Supplementary
20. Variation or discharge of account information order or account monitoring order.
Interception of Telecommunications Messages
Introductory
Requests for interception where technical assistance required
Notifications of other interceptions
Miscellaneous
28. Indirect interception of telecommunications messages.
29. Application of Act of 1993 in relation to this Part.
30. Amendment of section 110 of Act of 1983.
Freezing, Confiscation and Forfeiture of Property
Interpretation
Freezing of Property
32. Freezing order relating to evidence.
33. Transmission of freezing order for enforcement outside the State.
34. Transmission of external freezing orders to State for enforcement.
35. Recognition and enforcement of external freezing orders.
36. Application, etc., of freezing co-operation orders.
37. Registration of freezing co-operation orders.
38. Exercise of powers under this Chapter by High Court or receiver.
39. Receivers: supplementary provisions.
40. Bankruptcy of defendant, etc.
41. Property subject to freezing co-operation order dealt with by Official Assignee.
42. Application of proceeds of realisation.
43. Winding up of company holding realisable property.
44. Duration of freezing co-operation order.
45. Variation or discharge of freezing co-operation order.
46. Refusal to make freezing co-operation order.
47. Postponement of freezing co-operation order.
48. Subsequent treatment of frozen property.
Confiscation of Property
49. Request for confiscation of property in designated state.
50. Transmission to State of external confiscation order.
51. Confiscation co-operation order.
51A. External confiscation orders (member states).
51C. Postponement of confiscation.
51D. Variation or discharge of confiscation co-operation orders.
51E. Variation or discharge of external confiscation orders from member states.
51F. Termination of external confiscation orders from member states.
51G. Central Authority to inform competent authority.
52. Enforcement, etc., of confiscation co-operation orders.
53. Realisation of property subject to confiscation co-operation order.
54. Interest on sums unpaid under confiscation co-operation orders.
55. Payments under confiscation co-operation orders to be expressed in euro.
56. Exercise of powers under this Chapter by High Court or receiver.
Forfeiture of Property
58. Transmission of external forfeiture order to designated state for enforcement.
59. Transmission of external forfeiture order to State for enforcement.
60. Forfeiture co-operation order.
Financial Penalties
60B. Request for execution of financial penalty order in member state.
60C. Transmission to State of external financial penalty order.
60D. External financial penalty orders.
60E. Refusal to execute external financial penalty order.
60F. Variation of amount payable under external financial penalty order.
60G. Termination of execution of external financial penalty order.
60H. Central Authority to inform competent authority.
60I. Amounts to accrue to Exchequer.
Provision of Evidence
Interpretation
Taking of Evidence
62. Evidence from person in designated state.
Evidence of prisoners
65. Transfer of prisoner to give evidence or assist criminal investigation in State.
66. Transfer of prisoner to give evidence or assist investigation outside State.
Evidence through television link
67. Evidence through television link for use in State.
68. Request for evidence through television link for use outside State.
Evidence by telephone link for use outside State
Search for Evidence
73. Search for evidence at place in designated state.
74. Search for evidence for use outside State (general).
75. Search for particular evidence for use outside State.
75A. Powers of officers of Revenue Commissioners.
Identification evidence
77. Identification evidence for use in State.
78. Identification evidence for use outside State.
Other Forms of Assistance
Service of documents
80. Documents for service outside State.
82. Service of documents in State.
Examining objects and sites
83. Examining objects and sites.
Restitution
84. Restitution of stolen property from designated state.
85. Request to State for restitution of stolen property.
Controlled deliveries
88. Interpretation (Chapter 4).
89. Controlled delivery in designated state.
90. Controlled delivery in State.
91. Amendment of Garda Síochána Act 2005.
Mutual Assistance in Criminal Matters Between the State and the United States of America
94. Application in State of Ireland - US Treaty.
Special Intervention Units
94B. Special intervention unit.
94D. Request to State for assistance of special intervention unit in dealing with crisis situation.
94E. Operation of special intervention unit.
Assistance in Criminal Matters between State and EPPO
Chapter 1
General
94H. Modification of references for purposes of Part (general).
Modification of Part 1 for purposes of Part
94I. Application of section 2 for purposes of Part.
94J. Application of section 3 for purposes of Part.
94K. Application of section 6 for purposes of Part.
94L. Application of section 7 for purposes of Part.
94M. Application of section 8 for purposes of Part.
94N. Application of section 9 for purposes of Part.
Modification of Part 2 for purposes of Part
94O. Application of section 14 for purposes of Part.
94P. Application of section 17 for purposes of Part.
94Q. Application of section 20 for purposes of Part.
Modification of Part 3 for purposes of Part
94R. Application of section 24 for purposes of Part.
94S. Application of section 25 for purposes of Part.
94T. Application of section 27 for purposes of Part.
94U. Application of section 28 for purposes of Part.
Modification of Part 4 for purposes of Part
94V. Modification of reference to competent authority.
94W. Application of section 31 for purposes of Part.
94X. Application of section 34 for purposes of Part.
94Y. Application of section 35 for purposes of Part.
94Z. Application of section 42 for purposes of Part.
94AA. Application of section 45 for purposes of Part.
94AB. Application of section 46 for purposes of Part.
94AC. Application of section 47 for purposes of Part.
Modification of Part 5 for purposes of Part
94AD. Application of section 62 for purposes of Part.
94AE. Application of section 63 for purposes of Part.
94AF. Application of section 64 for purposes of Part.
94AG. Application of section 66 for purposes of Part.
94AH. Application of section 67 for purposes of Part.
94AI. Application of section 70 for purposes of Part.
94AJ. Application of section 73 for purposes of Part.
94AK. Application of section 74 for purposes of Part.
94AL. Application of section 75 for purposes of Part.
94AM. Application of section 78 for purposes of Part.
94AN. Application of section 79 for purposes of Part.
94AO. Application of section 79A for purposes of Part.
94AP. Application of section 79C for purposes of Part.
Modification of Part 6 for purposes of Part
94AQ. Application of section 82 for purposes of Part.
94AR. Application of section 83 for purposes of Part.
94AS. Application of section 88 for purposes of Part.
Modification of Part 8 for purposes of Part
94AT. Application of section 97 for purposes of Part.
94AU. Application of section 99 for purposes of Part.
94AV. Application of section 102 for purposes of Part.
94AW. Application of section 103 for purposes of Part.
94AX. Application of section 104 for purposes of Part.
Miscellaneous
95A. Eurojust national member.
96. Application and amendment of Criminal Justice (Joint Investigation Teams) Act 2004.
97. Presence of representatives of requesting state at execution of request.
98. Presence of members of Garda Síochána at execution of request in designated state.
99. Use of information or evidence obtained in response to request in designated state.
100. Disclosure prejudicing investigation.
101. Liability of officers of body corporate.
102. Evidence in proceedings (general).
104. Recognition of third party rights.
105. Amendment of Criminal Justice Act 1994.
106. Amendment of section 8(7) of Criminal Assets Bureau Act 1996.
107. Personal data protection.
108. Exercise of powers by judge of District Court outside district court district.
111. Laying of orders or regulations before Houses of Oireachtas.
Text of 2000 Convention
Text of 2001 Protocol
Text of Agreement with Iceland and Norway
Text of Agreement between the European Union and Japan on Mutual Legal Assistance in Criminal Matters
Text of Articles 49 and 51 of Schengen Convention
Text of Framework Decision
Text of 2005 Framework Decision
Text of 2006 Framework Decision
Text of Title III of EC/Swiss Confederation Agreement
Text of 2005 Council Decision
Text of the 2008 Council Decision (special intervention units)
Text of 2009 Council Decision (Repealed)
Text of 2018 Regulation
Text of Titles VIII and XI of Part Three of the Trade and Cooperation Agreement
Text of 1959 Convention
Text of First Additional Protocol to 1959 Convention
Text of Second Additional Protocol to 1959 Convention
Text of Chapter IV of 2005 Convention
Text of Istanbul Convention
Text of Articles 13, 14, 18, 19 and 20 of the United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000.
Text of Articles 46, 49, 50 and 54 to 57 of the United Nations Convention against Corruption, done at New York on 31 October 2003
Text of EU/US Agreement on Mutual Legal Assistance
Text of Ireland/US Treaty of 18 January 2001, as applied by Instrument of 14 July 2005
Acts Referred to
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1997, No. 16 |
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Bankers’ Books Evidence Act 1879 |
42 & 43 Vic., c. 11 |
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1988, No. 27 |
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1971, No. 24 |
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2001, No. 24 |
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1963, No. 33 |
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Companies Acts 1963 to 2006 |
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1961, No. 39 |
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1996, No. 31 |
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1994, No. 15 |
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2006, No. 26 |
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2004, No. 20 |
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1997, No. 4 |
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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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1988, No. 25 |
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Data Protection Acts 1988 and 2003 |
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1985, No. 9 |
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2003, No. 45 |
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1997, No. 38 |
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Extradition Acts 1965 to 2001 |
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1994, No. 6 |
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Extradition (European Convention on the Suppression of Terrorism) Act 1987 |
1987, No. 1 |
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2001, No. 49 |
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2005, No. 20 |
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1999, No. 22 |
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Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 |
1993, No. 10 |
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1978, No. 4 |
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1977, No. 12 |
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1985, No. 18 |
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1963, No. 1 |
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Police (Property) Act 1897 |
60 & 61 Vic., c. 30 |
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1983, No. 24 |
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1970, No. 11 |
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1972, No. 7 |
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Probation of Offenders Act 1907 |
7 Edw. 7., c. 17 |
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2006, No. 12 |
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Registration of Deeds and Title Acts 1964 and 2006 |
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1938, No. 37 |
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1995, No. 16 |
Number 7 of 2008
CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008
REVISED
Updated 1 November 2023
AN ACT—
(a) TO ENABLE EFFECT TO BE GIVEN IN THE STATE TO CERTAIN INTERNATIONAL AGREEMENTS, OR PROVISIONS OF SUCH AGREEMENTS, BETWEEN THE STATE AND OTHER STATES RELATING TO MUTUAL ASSISTANCE IN CRIMINAL MATTERS;
(b) TO REPEAL AND RE-ENACT, WITH AMENDMENTS, PART VII (INTERNATIONAL CO-OPERATION) OF THE CRIMINAL JUSTICE ACT 1994;
AND TO PROVIDE FOR RELATED MATTERS.
[28th April, 2008]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: