Criminal Justice Act 2006

PART 1 Preliminary and General

1. Short title and commencement.

1.— (1) This Act may be cited as the Criminal Justice Act 2006.

(2) This Act, other than Parts 11and13, shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) Parts 11and13 come into operation on such day or days as the Minister may, after consulting with the Commissioner of the Garda Síochána, appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(4) The Firearms Acts 1925 to 2000, Part 5and Schedule 1 may be cited together as the Firearms Acts 1925 to 2006 and shall be construed together as one.

(5) The Explosives Act 1875, Part 6 and Schedule 2 may be cited together as the Explosives Acts 1875 and 2006 and shall be construed together as one.

(6) The collective citation “the Misuse of Drugs Acts 1977 to 2006” shall include Part II (other than section 7) of the Criminal Justice Act 1999 and Part 8 (other than section86) and those Acts and those Parts (other than the sections specified) shall be construed together as one.

2. Interpretation.

2.— (1) In this Act, unless the context otherwise requires—

“Act of 1939” means the Offences Against the State Act 1939;

“Act of 1967” means Criminal Procedure Act 1967;

“Act of 1984” means Criminal Justice Act 1984;

“arrestable offence” has the meaning it has in section 2 (as amended by section 8) of the Criminal Law Act 1997;

“Minister” means Minister for Justice, Equality and Law Reform;

“place” includes a dwelling.

(2) In this Act, where the context so requires—

(a) a reference to an offence shall be construed as including a reference to a suspected offence, and

(b) a reference to the commission of an offence shall be construed as including a reference to the attempted commission of an offence.

3. Regulations.

3.— (1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

(2) Every regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

4. Expenses.

4.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2 Investigation of Offences

5. Designation of place as crime scene.

5.— (1) Where a member of the Garda Síochána is in—

(a) a public place, or

(b) any other place under a power of entry authorised by law or to which or in which he or she was expressly or impliedly invited or permitted to be,

and he or she has reasonable grounds for believing that—

(i) an arrestable offence was, is being, or may have been committed in the place, or

(ii) there is, or may be, in the place evidence of, or relating to, the commission of an arrestable offence that was or may have been committed elsewhere,

he or she may, pending the giving of a direction under subsection(3)in relation to the place, take such of the steps specified in subsection(4) as he or she reasonably considers necessary to preserve any evidence of, or relating to, the commission of the offence.

(2) A member of the Garda Síochána who exercises powers under subsection(1) shall, as soon as reasonably practicable, request or cause a request to be made to a member of the Garda Síochána not below the rank of superintendent to give a direction under subsection(3) in relation to the place concerned.

(3) A member of the Garda Síochána not below the rank of superintendent may give a direction designating a place as a crime scene if he or she has reasonable grounds for believing that—

(a) either—

(i) an arrestable offence was, is being, or may have been committed in the place, or

(ii) there is, or may be, in the place evidence of, or relating to, the commission of an arrestable offence that was, or may have been, committed elsewhere,

and

(b) it is necessary to designate the place as a crime scene to preserve, search for and collect evidence of, or relating to, the commission of the offence.

(4) A direction under subsection(3) shall authorise such members of the Garda Síochána as a member of the Garda Síochána not below the rank of superintendent considers appropriate to take such steps, including all or any of the following, as they reasonably consider necessary to preserve, search for and collect evidence at the crime scene to which the direction relates:

(a) delineating and segregating the area of the crime scene by means of notices, markings or barriers;

(b) directing a person to leave the crime scene;

(c) removing a person who fails to comply with a direction to leave the crime scene;

(d) directing a person not to enter the crime scene;

(e) preventing a person from entering the crime scene;

(f) permitting a person authorised under subsection(5) to enter the crime scene;

(g) preventing a person from removing anything which is, or may be, evidence or otherwise interfering with the crime scene or anything at the scene;

(h) securing the crime scene from any unauthorised intrusion or disturbance;

(i) searching the crime scene and examining the scene and anything at the scene; and

(j) photographing or otherwise recording the crime scene or anything at the scene.

(5) A member of the Garda Síochána not below the rank of superintendent may authorise such persons as he or she considers appropriate to enter a crime scene for a specified purpose and for such period as he or she may determine.

(6) The period for which a direction under subsection(3) is in force shall not be longer than is reasonably necessary to preserve, search for and collect the evidence concerned.

(7) A direction under subsection(3) in relation to a place other than a public place shall, subject to subsections(9) to (11), cease to be in force 24 hours after it is given.

(8) (a) A direction under subsection(3) may be given orally or in writing and, if it is given orally, shall be recorded in writing as soon as reasonably practicable but a failure to record the direction shall not by itself render any evidence inadmissible.

(b) A direction under subsection(3) or, if it is given orally, the written record of it shall be signed by the member of the Garda Síochána giving it, shall describe the place thereby designated as a crime scene, shall state the date and time when it is given, the name and rank of the member giving it and that the member has reasonable grounds for believing that the direction is necessary to preserve, search for and collect the evidence concerned.

(9) If a judge of the District Court is satisfied by information on oath of a member of the Garda Síochána not below the rank of superintendent that—

(a) a direction under subsection(3) designating a place as a crime scene is in force,

(b) there are reasonable grounds for believing that there is, or may be, evidence at the crime scene,

(c) the continuance of the direction in force is necessary to preserve, search for and collect any such evidence, and

(d) the investigation of the offence to which any such evidence relates is being conducted diligently and expeditiously,

the judge may make an order continuing the direction in force for such further period, not exceeding 48 hours, as may be specified in the order commencing upon the expiration of the period for which the direction is in force.

(10) A direction under subsection(3) may be continued in force under subsection(9) not more than three times.

(11) If the High Court is satisfied, upon application being made to it in that behalf by a member of the Garda Síochána not below the rank of superintendent, that—

(a) a direction under subsection(3) designating a place as a crime scene is in force,

(b) there are reasonable grounds for believing that there is, or may be, evidence at the crime scene,

(c) exceptional circumstances exist which warrant the continuance of the direction in force to preserve, search for and collect any such evidence, and

(d) the investigation of the offence to which any such evidence relates is being conducted diligently and expeditiously,

the Court may make an order continuing the direction in force for such period as it considers appropriate and that is specified in the order (whether or not the direction has been continued in force under subsection(9)) commencing upon the expiration of the period for which the direction is in force.

(12) A member of the Garda Síochána who intends to make an application under subsection(9) or (11) shall, if it is reasonably practicable to do so before the application is made, give notice of it to—

(a) the occupier of the place the subject of the application, or

(b) if it is not reasonably practicable to ascertain the identity or whereabouts of the occupier or the place is unoccupied, the owner, unless it is not reasonably practicable to ascertain the identity or whereabouts of the owner.

(13) If, on an application under subsection(9) or (11), the occupier or owner of the place concerned applies to be heard by the Court, an order shall not be made under subsection(9) or (11), as may be appropriate, unless an opportunity has been given to the person to be heard.

(14) The High Court or a judge of the District Court, as may be appropriate, may attach such conditions as the Court or the judge considers appropriate to an order under subsection(9) or (11) for the purpose of protecting the interests of the occupier or owner of the place which is the subject of the order.

(15) A direction under subsection(3) shall be deemed to continue in force until the determination of an application under subsection(9) or (11) if—

(a) the direction is in force when the application is made, and

(b) the direction would, but for this subsection, expire before the determination of the application by reason of the fact that, pursuant to subsection(13), an opportunity is given to a person to be heard.

(16) A person who obstructs a member of the Garda Síochána in the exercise of his or her powers under this section or who fails to comply with a direction under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.

(17) A member of the Garda Síochána may arrest without warrant any person whom the member reasonably suspects of committing or having committed an offence under subsection(16).

(18) Nothing in this section shall prevent—

(a) the designation of a place as a crime scene, or

(b) a member of the Garda Síochána from taking any of the steps referred to in subsection(4) at a place so designated,

if the owner or occupier of the place consents to such designation or the taking of any of those steps.

(19) In this section—

“evidence” means evidence of, or relating to, the commission of an arrestable offence;

“preserve”, in relation to evidence, includes any action to prevent the concealment, loss, removal, contamination or destruction of, or damage or alteration to, the evidence.

6. Search warrants in relation to arrestable offences.

6.— (1) The Criminal Justice (Miscellaneous Provisions) Act 1997 is amended by—

(a) the substitution of the following section for section 10:

“Search warrants in relation to arrestable offences.

10.— (1) If a judge of the District Court is satisfied by information on oath of a member not below the rank of sergeant that there are reasonable grounds for suspecting that evidence of, or relating to, the commission of an arrestable offence is to be found in any place, the judge may issue a warrant for the search of that place and any persons found at that place.

(2) A search warrant under this section shall be expressed, and shall operate, to authorise a named member, accompanied by such other members or persons or both as the member thinks necessary—

(a) to enter, at any time or times within one week of the date of issue of the warrant, on production if so requested of the warrant, and if necessary by the use of reasonable force, the place named in the warrant,

(b) to search it and any persons found at that place, and

(c) to seize anything found at that place, or anything found in the possession of a person present at that place at the time of the search, that that member reasonably believes to be evidence of, or relating to, the commission of an arrestable offence.

(3) A member acting under the authority of a search warrant under this section may—

(a) require any person present at the place where the search is being carried out to give to the member his or her name and address, and

(b) arrest without warrant any person who—

(i) obstructs or attempts to obstruct the member in the carrying out of his or her duties,

(ii) fails to comply with a requirement under paragraph (a), or

(iii) gives a name or address which the member has reasonable cause for believing is false or misleading.

(4) A person who obstructs or attempts to obstruct a member acting under the authority of a search warrant under this section, who fails to comply with a requirement under subsection (3)(a) or who gives a false or misleading name or address to a member shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.

(5) The power to issue a warrant under this section is without prejudice to any other power conferred by statute to issue a warrant for the search of any place or person.

(6) In this section—

‘arrestable offence’ has the meaning it has in section 2 (as amended by section8of the Criminal Justice Act 2006) of the Criminal Law Act 1997;

‘place’ means a physical location and includes—

(a) a dwelling, residence, building or abode,

(b) a vehicle, whether mechanically propelled or not,

(c) a vessel, whether sea-going or not,

(d) an aircraft, whether capable of operation or not, and

(e) a hovercraft.”,

and

(b) the deletion of the First Schedule.

(2) This section shall not affect the validity of a warrant issued under section 10 of the Criminal Justice (Miscellaneous Provisions) Act 1997 before the commencement of this section and such a warrant shall continue in force in accordance with its terms after such commencement.

7. Power to seize and retain evidence.

7.— (1) Where a member of the Garda Síochána who is in—

(a) a public place, or

(b) any other place under a power of entry authorised by law or to which or in which he or she was expressly or impliedly invited or permitted to be,

finds or comes into possession of any thing, and he or she has reasonable grounds for believing that it is evidence of, or relating to, the commission of an arrestable offence, he or she may seize and retain the thing for use as evidence in any criminal proceedings for such period from the date of seizure as is reasonable or, if proceedings are commenced in which the thing so seized is required for use in evidence, until the conclusion of the proceedings, and thereafter the Police (Property) Act 1897 shall apply to the thing so seized in the same manner as that Act applies to property which has come into the possession of the Garda Síochána in the circumstances mentioned in that Act.

(2) If it is represented or appears to a member of the Garda Síochána proposing to seize or retain a document under this section that the document was, or may have been, made for the purpose of obtaining, giving or communicating legal advice from or by a barrister or solicitor, the member shall not seize or retain the document unless he or she suspects with reasonable cause that the document was not made, or is not intended, solely for any of the purposes aforesaid.

(3) The power under this section to seize and retain evidence is without prejudice to any other power conferred by statute or otherwise exercisable by a member of the Garda Síochána to seize and retain evidence of, or relating to, the commission or attempted commission of an offence.

8. Arrestable offences.

8.— Section 2(1) of the Criminal Law Act 1997 is amended in the definition of “arrestable offence” by the substitution of “under or by virtue of any enactment or the common law” for “under or by virtue of any enactment”.

9. Amendment of section 4 of Act of 1984.

9.— Section 4 of the Act of 1984 is amended—

(a) in subsection (1), by the substitution of “under or by virtue of any enactment or the common law” for “under or by virtue of any enactment”,

(b) by the substitution of the following subsection for subsection (2):

“(2) (a) Where a member of the Garda Síochána arrests without warrant, whether in a Garda Síochána station or elsewhere, a person whom he or she, with reasonable cause, suspects of having committed an offence to which this section applies, the person—

(i) if not already in a Garda Síochána station, may be taken to and detained in a Garda Síochána station, or

(ii) if he or she is arrested in a Garda Síochána station, may be detained in the station,