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CRIMINAL JUSTICE ACT, 1984

Type Act
Publication 1984-12-06
Last updated 2025-04-02
State Partially repealed
Text Latest available text
Source Irish Statute Book
articles 48

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

44 amending acts · 2025-04-02, revised-IE-1984-act-22@2025-04-02

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AN ACT TO AMEND CRIMINAL LAW AND PROCEDURE. [6th December, 1984]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1. Commencement.

1.—(1) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister for Justice either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.

2. Duration of certain sections.

2.—Each of the following sections, namely, sections 4 to 6, 8 to 10, 15, 16, 18 and 19 shall cease to be in operation at the expiry of four years from the commencement of that section unless a resolution has been passed by each House of the Oireachtas resolving that that section should continue in operation.

3. Interpretation.

3.—(1) In this Act, except where the context otherwise requires—

“the Act of 1939” means the Offences against the State Act, 1939;

F2["Commissioner" means the Commissioner of the Garda Síochána;]

“imprisonment” includes penal servitude and detention in Saint Patrick’s Institution;

“place” includes any building or part of a building, vehicle, vessel, aircraft or hovercraft and any other place whatsoever.

F2["photograph" includes a negative or any other image howsoever produced of a photograph.]

Detention of Arrested Persons in Garda Síochána Custody in Certain Circumstances

4. Detention after arrest.

4.—(1) This section applies to any offence for which a person of full age and capacity and not previously convicted may, F3[under or by virtue of any enactment or the common law], be punished by imprisonment for a term of five years or by a more severe penalty and to an attempt to commit any such offence.

for such period as is authorised by this section if the member of the Garda Síochána in charge of the station to which the person is taken on arrest or in which he or she is arrested has at the time of the person’s arrival at the station or his or her arrest in the station, as may be appropriate, reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence.

the member of the Garda Síochána in charge of the Garda Síochána station concerned shall give the person concerned notice in writing or cause him or her to be given notice in writing of that fact, and the notice under subsection (3C) or (3D), as the case may be, shall be deemed to be withdrawn accordingly.

issue a notice under paragraph (a).

(3E)(a) Where a person returns in accordance with subsection (3B) or is returned under section 4A to the Garda Síochána station—

F9[(5A)] If at any time during the detention of a person pursuant to this section a member of the Garda Síochána, with reasonable cause, suspects that person of having committed an offence to which this section applies, F10[other than an offence to which the detention relates or an offence in respect of which the person’s detention has been suspended under subsection (3A)], and the member of the Garda Síochána then in charge of the Garda Síochána station has reasonable grounds for believing that the continued detention of that person is necessary for the proper investigation of that other offence, the person may continue to be detained in relation to the other offence as if that offence was the offence for which the person was originally detained.]

Provided that not more than one notice under this paragraph shall be given to a person during any period between midnight and 8 a.m.

no questioning of the person shall take place during that period and that period shall be excluded in reckoning a period of detention permitted by this section.

4A. F16[Power to arrest and return person for purpose of continuation of detention.

4A.— (1) Notwithstanding section 10, where a member of the Garda Síochána reasonably suspects that a person has failed to return in accordance with section 4(3B) to a Garda Síochána station for the continuation of his or her detention, the member may, for the purpose of the continuation of the detention—

4B. F17[Offence of failing to return to Garda Síochána station.

4B.— (1) If a person whose detention has been suspended under section 4(3A) fails, without reasonable excuse, to return to the Garda Síochána station concerned in accordance with subsection (3B) of section 4, he or she shall be guilty of an offence and shall be liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 12 months or to both.

4C. F18[Regulations regarding suspension of person’s detention under section 4(3A).

4C.— (1) Without prejudice to section 7 and to the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 (S.I. No. 119 of 1987), the Minister shall make regulations in relation to the procedures that are to apply where a person’s detention is suspended under section 4(3A) and, without prejudice to the generality of the foregoing, such regulations may make provision for—

5. Access to solicitor and notification of detention.

5.—(1) Where a person not below the age of F19[eighteen years] is detained in a Garda Síochána station pursuant to section 4, the member of the Garda Síochána in charge of the station shall inform him or cause him to be informed without delay that he is entitled to consult a solicitor and to have notification of his detention and of the station where he is being detained sent to one other person reasonably named by him and shall, on request, cause the solicitor and the named person to be notified accordingly as soon as practicable.

5A.—...]

5B. F22[Regulations regarding access to solicitor during detention.

5B.— ...]

6. Powers of Garda Síochána in relation to detained person.

6.—(1) Where a person is detained pursuant to section 4, a member of the Garda Síochána may—

6A. F27[Use of reasonable force in certain circumstances.

6A.—F28[(1) Without prejudice to the generality of section 6, a member of the Garda Síochána and the member or members of the Garda Síochána assisting that member may, where—

use such force as is reasonably considered necessary—

or both.]

7. Regulations regarding treatment of persons in custody.

7.—(1) The Minister shall make regulations providing for the treatment of persons in custody in Garda Síochána stations.

8. F29[Destruction of fingerprints, palm prints and photographs

8.— (1) A fingerprint, palm print or photograph of a person taken in pursuance of the powers conferred by section 6 or 6A shall, if not previously destroyed, be destroyed in accordance with this section and sections 8A to 8I.

8A. F30[Extension of retention period under section 8 for fingerprints, palm prints and photographs in certain circumstances.

8A.— (1) A fingerprint, palm print or photograph taken from or of a person shall not be destroyed under section 8 in any case in which the Commissioner determines that any of the following circumstances apply:

at the time of the commission, or alleged commission, of that offence; and

the Commissioner shall give effect to the decision of the Court.

"child" means a person who has not attained the age of 18 years;

"civil partner" has the meaning it has in section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

"cohabitant", in relation to a person, means another person who is neither married to the person nor a civil partner of the person who is living with the person as a husband or wife, or as a civil partner, of the person;

"vulnerable person" means a person, other than a child, whose capacity to guard himself or herself against violence, exploitation or abuse, whether physical, sexual or emotional, by another person is significantly impaired through—

8B. F32[Destruction of fingerprints, palm prints and photographs in exceptional circumstances

8B.— (1) Notwithstanding sections 8 and 8A, if the Commissioner is satisfied that exceptional circumstances exist that justify the destruction of a fingerprint, palm print or photograph of a person, the fingerprint, palm print or photograph concerned shall be destroyed as soon as practicable after the application of those circumstances in relation to that fingerprint, palm print or photograph becomes known.

8C. F33[Dismissal of charges, quashing of convictions and determination of proceedings.

8C.— (1) For the purposes of section 8, a charge against a person in respect of an offence to which section 4 applies shall be regarded as dismissed when—

8D. F34[Circumstances in which person to be informed of destruction of fingerprint, palm print or photograph.

8D.— If, in relation to a fingerprint, palm print or photograph taken from or of a person under section 6 or 6A, the retention period under section 8 is extended on one or more occasions under section 8A, the Commissioner shall, upon the expiration of that period (as so extended), cause the person from or of whom the fingerprint, palm print or photograph was taken to be informed by notice in writing as soon as may be after the fingerprint, palm print or photograph has been destroyed of its destruction.]

8E. F35[Application of certain sections to Police Ombudsman

8E. —The references in sections 8A, 8B, 8D and 8H to the Commissioner shall, for the purposes of the application of those sections to the Police Ombudsman, be construed as references to the Police Ombudsman.]

8F. F36[Delegation of functions of Commissioner under certain sections.

8F.— (1) The Commissioner may, in writing, delegate any of his or her functions under sections 8A, 8B, 8D and 8H to—

8G. F38[Service of notices.

8G.— A notice that is required to be sent or given to a person under section 8A or 8D may be sent or given to the person in one of the following ways:

8H. F39[Records.

8H.— (1) Subject to subsection (2), a person who is required under sections 8 to 8B to destroy, or cause to be destroyed, a fingerprint, palm print or photograph shall ensure that the fingerprint, palm print or photograph, every copy thereof and every record relating to the fingerprint, palm print or photograph insofar as it identifies the person from or of whom the fingerprint, palm print or photograph has been taken, are destroyed.

8I. F40[Application of sections 8 to 8H.

8I.— Sections 8 to 8H shall apply to a fingerprint, palm print or photograph of a person taken in pursuance of the powers conferred by section 6 or 6A whether taken before or after the commencement of this section.]

9. Application to persons in custody under section 30 of Offences against the State Act, 1939.

9.—F41[(1)] F41[Sections 5, 6A, 18, 19 and 19A, subsections (8), (8A) and (8B) of section 4 and subsections (1A), (2) and (3) of section 6] shall apply, with the necessary modifications, in relation to persons in custody under section 30 of the Act of 1939 and to the powers conferred by section 7 of the Criminal Law Act, 1976, as they apply to persons detained pursuant to section 4 of this Act.

10. Rearrest.

10.—F43[(1) Where a person arrested on suspicion of having committed an offence is detained pursuant to section 4 and is released without any charge having been made against him, he shall not—

except on the authority of a warrant issued by a judge of the District Court who is satisfied on information supplied on oath by a member of the Garda Síochána not below the rank of superintendent that either of the following cases apply, namely:

A person arrested under that authority shall be dealt with pursuant to section 4.

Offences Committed while on Bail and other Offences

11. Offences committed while on bail: consecutive sentences.

11.—F44[(1) Any sentence of imprisonment passed on a person for an offence—

shall be consecutive on any sentence passed on him or her for a previous offence or, if he or she is sentenced in respect of two or more previous offences, on the sentence last due to expire, so however that, where two or more consecutive sentences as required by this section are passed by the District Court, the aggregate term of imprisonment in respect of those consecutive sentences shall not exceed 2 years.]

and

then, the fact that the offence was committed while the person was on bail shall be treated for the purpose of determining the sentence as an aggravating factor and the court shall (except where the sentence for the previous offence is one of imprisonment for life or where the court considers that there are exceptional circumstances justifying its not doing so) impose a sentence that is greater than that which would have been imposed in the absence of such a factor.]

12. Increase of aggregate term of imprisonment in certain cases.

12.—(1) Section 5 of the Criminal Justice Act, 1951 (which provides that, where two or more sentences passed by the District Court are ordered to run consecutively, the aggregate term of imprisonment shall not exceed twelve months) is hereby amended by the substitution, for “twelve months”, of “two years”. In that section “imprisonment” shall include detention in Saint Patrick’s Institution.

13. Failure to surrender to bail.

13.—(1) If a person who has been released on bail in criminal proceedings fails to appear before a court in accordance with his recognisance, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F46[€5,000] or to imprisonment for a term not exceeding twelve months or to both.

14. Increase of penalties for certain firearms offences.

14.—(1) Section 15 of the Firearms Act, 1925, as amended by section 21 (4) of the Criminal Law (Jurisdiction) Act, 1976 (possessing firearm or ammunition with intent to endanger life or cause serious injury to property) is hereby amended by the substitution, for “imprisonment for a term not exceeding fourteen years”, of “imprisonment for life”.

15. Withholding information regarding firearms or ammunition.

15.—(1) Where a member of the Garda Síochána—

he may require that person to give him any information which is in his possession, or which he can obtain by taking reasonable steps, as to how he came by the firearm or ammunition and as to any previous dealings with it, whether by himself or by any other person.

16. Withholding information regarding stolen property, etc.

16.— F49[…]

17. Maximum fine on summary conviction of certain indictable offences.

17.—Section 4 (1) of the Criminal Justice Act, 1951, and section 13 (3) (a) of the Criminal Procedure Act, 1967 (each of which provides for a maximum fine of £100 on summary conviction of certain indictable offences) are hereby amended by the substitution, in each of those provisions, of “£1,000” for “£100”.

Inferences from Accused’s Failure to Account for Certain Matters

18. Inferences from failure, refusal to account for objects, marks, etc.

F50[18.— (1) Where in any proceedings against a person for an arrestable offence evidence is given that the accused—

was requested by the member to account for any object, substance or mark, or any mark on any such object, that was—

and which the member reasonably believes may be attributable to the participation of the accused in the commission of the offence and the member informed the accused that he or she so believes, and the accused failed or refused to give an account, being an account which in the circumstances at the time clearly called for an explanation from him or her when so questioned, charged or informed, as the case may be, then, the court, in determining whether a charge should be dismissed under Part IA of the Criminal Procedure Act 1967 or whether there is a case to answer and the court (or, subject to the judge’s directions, the jury) in determining whether the accused is guilty of the offence charged (or of any other offence of which he or she could lawfully be convicted on that charge) may draw such inferences from the failure or refusal as appear proper; and the failure or refusal may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence in relation to which the failure or refusal is material.

19. Inferences from accused’s presence at a particular place.

F52[19.— (1) Where in any proceedings against a person for an arrestable offence evidence is given that the accused—

was requested by the member to account for his or her presence at a particular place at or about the time the offence is alleged to have been committed, and the member reasonably believes that the presence of the accused at that place and at that time may be attributable to his or her participation in the commission of the offence and the member informed the accused that he or she so believes, and the accused failed or refused to give an account, being an account which in the circumstances at the time clearly called for an explanation from him or her when so questioned, charged or informed, as the case may be, then, the court, in determining whether a charge should be dismissed under Part IA of the Criminal Procedure Act 1967 or whether there is a case to answer and the court (or, subject to the judge’s directions, the jury) in determining whether the accused is guilty of the offence charged (or of any other offence of which he or she could lawfully be convicted on that charge) may draw such inferences from the failure or refusal as appear proper; and the failure or refusal may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence in relation to which the failure or refusal is material.

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