LegalizeCRIMINAL JUSTICE ACT 2006
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.
39 amending acts · 2026-07-23, CRIMINAL LAW, CIVIL LAW AND DEFENCE (MISCELLANEOUS PROVISIONS) ACT 2026
Act to amend and extend the powers of the Garda Síochána in relation to the investigation of offences, to amend criminal law and procedure in other respects, including provision for the admissibility in evidence of certain witness statements, an extension of the circumstances in which the Attorney General in the case or, if he or she is the prosecuting authority in a trial, the Director of Public Prosecutions may refer a question of law to the Supreme Court for determination or take an appeal in criminal proceedings, a restriction of the offences to which section 10(4) of the Petty Sessions (Ireland) Act 1851 applies, an amendment of the jurisdiction of the District Court in criminal matters, the imposition of fixed charges in respect of certain offences under the Criminal Justice (Public Order) Act 1994, an amendment of the requirements for the issue of a firearms certificate and an amendment of the Petty Sessions (Ireland) Act 1851 relating to the issue and execution of certain warrants, and to provide for related matters
- (c) in any other case, to a judge of the District Court.
- (3) An order under this section may be made only where the judge concerned is satisfied that—
- (a) the person concerned has a medical condition,
- (b) his or her identification as a person with that condition would be likely to cause undue distress to him or her, and
- (c) the order would not be prejudicial to the interests of justice.
- (4) An appeal from a refusal or grant of an application for an order under this section shall lie—
- (a) in relation to proceedings before the District Court, to a judge of the Circuit Court,
- (b) in relation to proceedings before the Circuit Criminal Court or a Special Criminal Court, to a judge of the High Court, and
- F47[(c) in relation to proceedings before the Central Criminal Court, to a judge of the Court of Appeal,]
at the instance of the prosecution or the defence.
- (5) Where—
- (a) an accused person is sent forward for trial, and
- (b) an order has been made by a judge of the District Court under this section,
the trial judge may, on application made in that behalf, vary or revoke the order.
- (6) Where—
- (a) an appeal is being taken against a decision of a court in criminal proceedings, and
- (b) the trial judge has made an order under this section,
the judge, or a judge, of the appeal court may, on application made in that behalf, vary or revoke the order.
- (7) An application under this section, or an appeal under subsection (4) , may be made by the prosecution or the defence on notice to the other party to the proceedings and shall be made to the judge concerned in chambers.
- (8) Each of the following persons who publishes or broadcasts any matter in contravention of an order under this section is guilty of an offence and is liable on conviction on indictment to a fine not exceeding €25,000 or imprisonment for a term not exceeding 3 years or both:
- (a) if the matter is published in a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;
- (b) if the matter is published otherwise, the person who publishes it; or
- (c) if the matter is broadcast, any person transmitting or providing the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper.
- (9) Where a person is charged with an offence under subsection (8) , it is a defence to prove that at the time of the alleged offence the person was not aware, and neither suspected nor had any reason to suspect, that the publication or broadcast concerned was of any such matter as is mentioned in subsection (1) .
- (10)
- (a) Where an offence under subsection (8) has been committed by a body corporate and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
- (b) Where the affairs of a body corporate are managed by its members, paragraph (a) shall apply in relation to the acts and defaults of a member in connection with the functions of management as if he or she were a director or manager of the body corporate.
- (11) In this section—
“broadcast” means the transmission, relaying or distribution by wireless telegraphy of communications, sounds, visual images or signals, intended for reception by the public generally or a section of it, whether the broadcast is so received or not, and cognate words shall be construed accordingly;
“publish” means publish, other than by way of broadcast, to the public generally or a section of it;
“trial judge” and “judge”, in relation to proceedings before a Special Criminal Court, means a member of that Court, and the references in subsections (2) (a) and (5) (a) to an accused person being sent forward for trial include, where appropriate, references to such a person being charged before that Court.
182. Information concerning property held in trust.
182.— (1) For the purposes of an investigation into whether a person has committed an arrestable offence a member of the Garda Síochána not below the rank of superintendent may apply to a judge of the High Court for an order for the disclosure of information regarding any trust in which the person may have an interest or with which the person may be otherwise connected.
- (2) On such an application the judge, if satisfied—
- (a) that there are reasonable grounds for suspecting that a person—
- (i) has committed an arrestable offence, and
- (ii) has some interest in or other connection with the trust,
- (b) that information regarding the trust is required for the purposes of such an investigation, and
- (c) that there are reasonable grounds for believing that it is in the public interest that the information should be disclosed for the purposes of the investigation, having regard to the benefit likely to accrue to the investigation and any other relevant circumstances,
may order the trustees of the trust and any other persons (including the suspected person) to disclose to the applicant or other member of the Garda Síochána designated by the applicant such information as he or she may require for those purposes in relation to the trust, including the identity of the settlor and any or all of the trustees and beneficiaries.
- (3) An order under this section—
- (a) shall not confer any right to production of, or access to, any information subject to legal privilege, and
- (b) shall have effect notwithstanding any other obligation as to secrecy or other restriction on disclosure of information imposed by statute or otherwise.
- (4) A judge of the High Court may vary or discharge an order under this section on the application of any person to whom it relates or a member of the Garda Síochána.
- (5) A trustee or other person who without reasonable excuse—
- (a) fails or refuses to comply with an order under this section, or
- (b) discloses information which is false or misleading,
is guilty of an offence and liable—
- (i) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or
- (ii) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.
- (6) Any information disclosed by a person in accordance with this section is not admissible in evidence in any criminal proceedings against the person or his or her spouse, except in any proceedings for an offence under subsection (5) (b) .
- (7) In this section “information” includes—
- (a) a document or record, and
- (b) information in non-legible form.
183. F48[Possession of article intended for use in connection with certain offences.
183.— (1) A person is guilty of an offence if he or she possesses or controls any article in circumstances giving rise to a reasonable inference that he or she possesses or controls it for a purpose connected with the commission, preparation, facilitation or instigation of—
- (a) an offence under section 15 of the Non-Fatal Offences against the Person Act 1997,
- (b) a drug trafficking offence within the meaning of section 3(1) of the Criminal Justice Act 1994,
- (c) murder,
- (d) murder to which section 3 of the Criminal Justice Act 1990 applies, or
- (e) the common law offence of kidnapping to which section 2 of, and paragraph 4 of the Schedule to, the Criminal Law (Jurisdiction) Act 1976 applies.
- (2) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence he or she did not possess or control the article concerned for a purpose specified in subsection (1).
- (3) Where a person is charged with an offence under this section, no further proceedings in the matter (other than any remand in custody or on bail) may be taken except by or with the consent of the Director of Public Prosecutions.
- (4) A person guilty of an offence under this section is liable on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or both.
- (5) In this section—
‘article’ means a substance, document or thing;
‘document’ includes—
- (a) a map, plan, graph, drawing, photograph or record, or
- (b) a reproduction in permanent legible form, by a computer or other means (including enlarging), of information in non-legible form;
‘information in non-legible form’ includes information on microfilm, magnetic tape or disk.]
183A. F49[Possession of monies intended for use in connection with certain offences.
183A.— (1) A person is guilty of an offence if he or she possesses or controls monies of a value of not less than €5,000 in circumstances giving rise to a reasonable inference that he or she possesses or controls the assets concerned for a purpose connected with the commission, preparation, facilitation or instigation of—
- (a) an offence under section 14 of the Criminal Justice (Theft and Fraud Offences) Act 2001,
- (b) an offence under section 15 of the Non-Fatal Offences against the Person Act 1997,
- (c) a drug trafficking offence within the meaning of section 3(1) of the Criminal Justice Act 1994,
- (d) an offence under section 17 of the Criminal Justice (Public Order) Act 1994,
- (e) murder,
- (f) murder to which section 3 of the Criminal Justice Act 1990 applies, or
- (g) the common law offence of kidnapping to which section 2 of, and paragraph 4 of the Schedule to, the Criminal Law (Jurisdiction) Act 1976 applies.
- (2) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence he or she did not possess or control the assets concerned for a purpose specified in subsection (1).
- (3) Where a person is charged with an offence under this section, no further proceedings in the matter (other than any remand in custody or on bail) may be taken except by or with the consent of the Director of Public Prosecutions.
- (4) A person guilty of an offence under this section is liable on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or both.
- (5) In this section—
‘monies’ means coins and notes in any currency, bank drafts, postal orders, certificates of deposit and any other similar instruments easily convertible into money.]
184. Amendment of Criminal Justice (Public Order) Act 1994.
184.— The Criminal Justice (Public Order) Act 1994 is amended by the insertion of the following sections after section 23:
“Fixed charge offences.
23A.— (1) A member of the Garda Síochána who has reasonable grounds for believing that a person is committing, or has committed, an offence under section 5 (in this section referred to as a `fixed charge offence’) may serve on the person personally or by post the notice referred to in subsection (5) or cause it to be so served.
(2) A member of the Garda Síochána may, for the purposes of subsection (1)—
(a) request the person concerned to give his or her name and address and to verify the information given, and
(b) if not satisfied with the name and address or any verification given, request that the person accompany the member to a Garda Síochána station for the purpose of confirming the person’s name and address.
(3) A person who—
(a) does not give his or her name and address when requested to do so under subsection (2)(a) or gives a name or address that is false or misleading, or
(b) does not comply with a request by a member of the Garda Síochána under subsection (2)(b),
is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,500.
(4) A member of the Garda Síochána who is of opinion that a person is committing, or has committed, an offence under subsection (3) may arrest the person without warrant.
(5) The notice referred to in subsection (1) shall be in the prescribed form and shall state—
(a) that the person on whom it is served is alleged to have committed the fixed charge offence concerned,
(b) when and where it is alleged to have been committed,
(c) that a prosecution for it will not be instituted if—
(i) during the period of 28 days beginning on the date of the notice, the person pays to a member of the Garda Síochána at a specified Garda Síochána station or to another specified person at a specified place the prescribed amount, or
(ii) within 28 days beginning on the expiration of that period, the person so pays an amount which is 50 per cent greater than the prescribed amount,
and
(d) that in default of such payment the person will be prosecuted for the alleged offence.
(6) A payment referred to in subsection (5) shall be accompanied by the notice referred to in that subsection.
(7) Where a notice is served under subsection (1)—
(a) a person to whom the notice applies may make a payment in accordance with subsections (5)(c) and (6),
(b) a member of the Garda Síochána or other specified person shall receive the payment, issue a receipt for it and retain it for payment or disposal in accordance with subsection (8)(b),
(c) a payment so received shall not be recoverable by the person who made it, and
(d) a prosecution in respect of the alleged fixed charge offence to which the notice relates shall not be instituted during the periods specified in subsection (5)(c) or, if a payment is made in accordance with that subsection and subsection (6), at all.
(8)
(a) In proceedings against a person for a fixed charge offence it shall be presumed, until the contrary is shown, that the person did not make payment in accordance with subsections (5)(c) and (6).
(b) Payments so made shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs.
(9)
(a) The Minister may make regulations prescribing anything which is referred to in this section as prescribed.
(b) Different amounts may be prescribed for a fixed charge offence under this section and an offence under section 4 which is deemed by section 23B(4) to be a fixed charge offence.
(c) Regulations made under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations.
(10) In this section—
‘Minister’ means Minister for Justice, Equality and Law Reform;
‘person’ means a person of not less than 18 years of age.
Application of section 23A in relation to offence under section 4.
23B.— (1) This section applies to a person of not less than 18 years of age who is suspected, with reasonable cause, by a member of the Garda Síochána of committing, or of having committed, an offence under section 4.
(2) Where—
(a) a person to whom this section applies is arrested and brought to a Garda Síochána station, and
(b) he or she is a person whom the member of the Garda Síochána in charge of the station is authorised by section 31 of the Criminal Procedure Act 1967 to release on bail,
the member may, instead of releasing the person on bail, release him or her unconditionally after serving on the person personally a notice in the prescribed form stating the matters specified in section 23A(5) or causing it to be so served.
(3) Where a person to whom this section applies is not arrested, the member of the Garda Síochána referred to in subsection (1) may serve on the person personally or by post a notice in the prescribed form stating the matters specified in section 23A(5) or cause it to be so served.
(4) On the service of a notice under subsection (2) or (3) the offence under section 4 is thereupon deemed to be a fixed charge offence, and subsections (5) to (10) of section 23A apply and have effect accordingly in relation to it.”.
185. Amendment of section 19 of Criminal Justice (Public Order) Act 1994.
185.— Section 19 of the Criminal Justice (Public Order) Act 1994 is amended—
- (a) by the substitution of the following subsection for subsection (1):
“(1) Any person who assaults or threatens to assault—
(a) a person providing medical services at or in a hospital, or
(b) a person assisting such a person, or
(c) a peace officer acting in the execution of a peace officer’s duty, knowing that he or she is, or being reckless as to whether he or she is, a peace officer so acting, or
(d) any other person acting in aid of a peace officer, or
(e) any other person with intent to resist or prevent the lawful apprehension or detention of himself or herself or any other person for any offence,
shall be guilty of an offence.”,
- (b) in subsection (2), by the substitution of “€5,000” for “£1,000” and by the substitution of “7 years” for “5 years”,
- (c) by the substitution of the following subsection for subsection (3):
“(3) Any person who resists or wilfully obstructs or impedes—
(a) a person providing medical services at or in a hospital, knowing that he or she is, or being reckless as to whether he or she is, a person providing medical services, or
(b) a person assisting such a person, or
(c) a peace officer acting in the execution of a peace officer’s duty, knowing that he or she is or being reckless as to whether he or she is, a peace officer so acting, or
(d) a person assisting a peace officer in the execution of his or her duty,
shall be guilty of an offence.”,
- (d) in subsection (4), by the substitution of “€2,500” for “£500”, and
- (e) in subsection (6)—
- (i) by the insertion of the following definitions:
“ “hospital” includes the lands, buildings and premises connected with and used wholly or mainly for the purposes of a hospital;
“medical services” means services provided by—
(a) doctors, dentists, psychiatrists, nurses, midwives, pharmacists, health and social care professionals (within the meaning of the Health and Social Care Professionals Act 2005) or other persons in the provision of treatment and care for persons at or in a hospital, or
(b) persons acting under direction of those persons;”,
and
- (ii) in the definition of “peace officer”, by the insertion of “, a member of the fire brigade, ambulance personnel” after “a prison officer”.
186. Amendment of section 1 of Criminal Justice (United Nations Convention Against Torture) Act 2000.
186.— The definition of “torture” in section 1(1) of the Criminal Justice (United Nations Convention Against Torture) Act 2000 is amended by the insertion after “omission” of “done or made, or at the instigation of, or with the consent or acquiescence of a public official”.
187. Amendment of Offences Against the State Act 1939.
187.— The Offences Against the State Act 1939 is amended—
- (a) in section 30, by the insertion of the following subsection after subsection (4C):
“(4D) If—
(a) an application is made under subsection (4) of this section for a warrant authorising the detention for a further period of a person detained pursuant to a direction under subsection (3) of this section, and
(b) the period of detention under subsection (3) of this section has not expired at the commencement of the hearing of the application but would, but for this subsection, expire during that hearing,
it shall be deemed not to expire until the determination of the application.”,
and
- (b) in section 30A—
- (i) in subsection (2)(b), by the substitution of “subsections (4), (4A), (4B) and (4D)” for “subsections (4), (4A) and (4B)”, and
- (ii) in subsection (3), by the substitution of “for the purpose of charging him or her with that offence forthwith or bringing him or her before a Special Criminal Court as soon as practicable so that he or she may be charged with that offence before that Court” for “for the purpose of charging him with that offence forthwith”.
188. Amendment of section 5 of Criminal Evidence Act 1992.
188.— (1) Section 5 of the Criminal Evidence Act 1992 is amended in subsection (4)(b) by the insertion of the following subparagraph after subparagraph (ii):
“(iia) a record of the receipt, handling, transmission or storage of anything by the Forensic Science Laboratory of the Department of Justice, Equality and Law Reform in connection with the performance of its functions to examine and analyse things or samples of things for the purposes of criminal investigations or proceedings or both,”.
- (2) This section shall be deemed to have come into operation on 1 January 2003.
189. Amendment of section 16B(7) of Proceeds of Crime Act 1996.
189.— Section 16B(7) of the Proceeds of Crime Act 1996 is amended by the insertion of “of the Criminal Assets Bureau Act 1996” after “Sections 14 to 14C”.
190. Amendment of section 14 of Criminal Assets Bureau Act 1996.
190.— (1) Section 14 of the Criminal Assets Bureau Act 1996 is amended by the substitution of the following subsection for subsection (1):
- “(1) If a judge of the District Court is satisfied by information on oath of a bureau officer who is a member of the Garda Síochána that there are reasonable grounds for suspecting that evidence of or relating to assets or proceeds deriving from criminal conduct, or to their identity or whereabouts, is to be found in any place, the judge may issue a warrant for the search of that place and any person found at that place.”.
- (2) This section shall not affect the validity of a warrant issued under section 14 of the Criminal Assets Bureau Act 1996 before the commencement of this section and such a warrant shall continue in force in accordance with its terms after such commencement.
191. Amendment of section 5 of Prevention of Corruption (Amendment) Act 2001.
191.— (1) Section 5 of the Prevention of Corruption (Amendment) Act 2001 is amended by the substitution of the following subsection for subsection (1):
- “(1) If a judge of the District Court is satisfied by information on oath of a member of the Garda Síochána, or if a member of the Garda Síochána not below the rank of superintendent is satisfied, that there are reasonable grounds for suspecting that evidence of or relating to the commission of an offence or suspected offence under the Prevention of Corruption Acts 1889 to 2001 punishable by imprisonment for a term of 5 years or by a more severe penalty (‘an offence’) is to be found in any place, he or she may issue a warrant for the search of that place and any persons found at that place.”.
- (2) This section shall not affect the validity of a warrant issued under section 5 of the Prevention of Corruption (Amendment) Act 2001 before the commencement of this section and such a warrant shall continue in force in accordance with its terms after such commencement.
192. Amendment of Criminal Justice (Theft and Fraud Offences) Act 2001.
192.— (1) The Criminal Justice (Theft and Fraud Offences) Act 2001 is amended—
- (a) in section 48, by the substitution of the following subsection for subsection (2):
- “(2) If a Judge of the District Court is satisfied by information on oath of a member of the Garda Síochána that there are reasonable grounds for suspecting that evidence of, or relating to the commission of, an offence to which this section applies is to be found in any place, the judge may issue a warrant for the search of that place and any person found there.”,
and
- (b) in section 52, by the substitution of the following subsection for subsection (2):
“(2) If a Judge of the District Court is satisfied by information on oath of a member of the Garda Síochána that—
(a) the Garda Síochána are investigating an offence to which this section applies,
(b) a person has possession or control of particular material or material of a particular description, and
(c) there are reasonable grounds for suspecting that the material constitutes evidence of or relating to the commission of the offence,
the judge may order the person to—
- (i) produce the material to a member of the Garda Síochána for the member to take away, or - (ii) give such a member access to it, either immediately or within such period as the order may specify.”.
- (2) This section shall not affect the validity of a warrant issued under section 48, or an order made under section 52, of the Criminal Justice (Theft and Fraud Offences) Act 2001 before the commencement of this section and such a warrant or order shall continue in force in accordance with its terms after such commencement.
193. Amendment of section 25 of Petty Sessions (Ireland) Act 1851.
193.— Section 25 of the Petty Sessions (Ireland) Act 1851 is amended by the substitution of the following paragraph for paragraph 1:
“1. All warrants (except as otherwise provided by law) in proceedings in respect of offences punishable either on indictment or summarily issued by the District Court shall be addressed to the superintendent or an inspector of the Garda Síochána of the Garda Síochána district within which the place where the warrant is issued is situated or the person named in the warrant resides:”.
194. Execution of certain warrants.
194.— A warrant for the arrest of a person or an order of committal of a person may, notwithstanding section 26 of the Petty Sessions (Ireland) Act 1851, be executed by a member of the Garda Síochána in any part of the State.
195. Imprisonment or distress and sale of goods on conviction on indictment in default of payment of fine.
195.—F50[…]
196. Amendment of section 6(2)(a) of Criminal Law Act 1976.
196.— Section 6(2)(a) of the Criminal Law Act 1976 is amended by the substitution of “€3,000” for “£500”.
197. Amendment of section 13 of the Criminal Law (Insanity) Act 2006.
197.— (1) Section 13 of the Criminal Law (Insanity) Act 2006 is amended by the deletion of subsection (1).
- (2) Accordingly the following consequential amendments to that section have effect:
- (a) subsections (2) to (10) are renumbered as subsections (1) to (9);
- (b) in the renumbered subsection (4), “subsection (3)” is substituted for “subsection (4)” where it occurs;
- (c) in the renumbered subsection (6), “subsection (5)” is substituted for “subsection (6)” where it occurs; and
- (d) in the renumbered subsection (9), “subsection (7) or (8)” is substituted for “subsection (8) or (9)”.
SCHEDULE 1 Increase of Certain Penalties under Firearms Acts 1925 to 2000
Section 64 .
| Section of Act | Subject matter | Word(s) deleted | Words substituted |
| (1) | (2) | (3) | (4) |
| Amendment of Firearms Act 1925 | Amendment of Firearms Act 1925 | Amendment of Firearms Act 1925 | Amendment of Firearms Act 1925 |
| 12(4) | Register to be kept by firearms dealer | fifty pounds | €3,000 |
| 12(5) | twenty-five pounds | €1,500 | |
| 13(2) | Inspections of stock of firearms dealer | ten pounds | €1,000 or imprisonment for a term not exceeding 6 months or both |
| 21(4) | Search for and seizure of certain firearms, etc. | liable on summary conviction thereof in the case of a first offence to a penalty not exceeding ten pounds, and in the case of a second or any subsequent offence to a penalty not exceeding twenty pounds | liable on summary conviction to a fine not exceeding €1,000 or imprisonment for a term not exceeding 6 months or both |
| 22(2) | Powers of members of Garda Síochána | ten pounds | €1,000 |
| Amendment of Firearms and Offensive Weapons Act 1990 | Amendment of Firearms and Offensive Weapons Act 1990 | Amendment of Firearms and Offensive Weapons Act 1990 | Amendment of Firearms and Offensive Weapons Act 1990 |
| 7(6)(a) | Possession, sale, etc. of silencers | £1,000 | €5,000 |
| 7(6)(b) | five years | 7 years | |
| 8(a) | Reckless discharge of firearm | £1,000 | €5,000 |
| 8(b) | five years | 7 years | |
| 9(7)(a) | Possession of knives, etc. | £1,000 | €5,000 |
| 9(7)(b) | £1,000 | €5,000 | |
| 10(3)(a) | Trespassing with knife, etc. | £1,000 | €5,000 |
| 11(a) | Production of article capable of inflicting serious injury | £1,000 | €5,000 |
| 12(3)(a) | Power to prohibit manufacture, etc. of offensive weapons | £1,000 | €5,000 |
| 12(3)(b) | five years | 7 years | |
| Amendment of Firearms (Firearm Certificates for Non-Residents) Act 2000 | Amendment of Firearms (Firearm Certificates for Non-Residents) Act 2000 | Amendment of Firearms (Firearm Certificates for Non-Residents) Act 2000 | Amendment of Firearms (Firearm Certificates for Non-Residents) Act 2000 |
| 3(4)(a) | Prohibition of false information and alteration of firearm certificates | £1,000 | €2,500 |
| 3(4)(b) | £10,000 | €20,000 |
SCHEDULE 2 Increase in Certain Penalties under Explosives Act 1875
Section 69 .
| Section of Act | Subject Matter | Words deleted | Words substituted |
| (1) | (2) | (3) | (4) |
| 4 | Making explosives in unauthorised place | to a penalty not exceeding one hundred pounds a day for every day during which he so manufactures | , on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000 |
| 5 | Keeping explosives | to a penalty not exceeding two shillings for every pound of gunpowder so kept | , on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000 |
| 9 | Regulation of explosives factories and magazines | to a penalty not exceeding in the case of the first offence fifty pounds, and in the case of a second or any subsequent offence one hundred pounds, and in addition fifty pounds for every day during which such breach continues | , on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000 |
| 10 | General rules for factories and magazines | to a penalty not exceeding ten pounds, and in addition (in the case of a second offence) ten pounds for every day during which such breach continues | , on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000 |
| 11 | Special rules for regulation of workmen in factories or magazines | forty shillings | €100 |
| 13 | Devolution and determination of licence | twenty shillings | €50 |
| 17 | General rules for stores | to a penalty not exceeding ten pounds, and in addition (in the case of a second offence) ten pounds for every day during which such breach continues | , on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000 |
| 19 | Special rules for regulation of workmen in stores | forty shillings | €100 |
| 22 | General rules for registered premises | to a penalty not exceeding two shillings for every pound of gunpowder in respect of which, or being on the premises in which, the offence was committed | , on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000 |
| 30 | Restriction on sale of explosives in highways, etc. | to a penalty not exceeding forty shillings | , on summary conviction, to a fine not exceeding €2,500 or, on conviction on indictment, to a fine not exceeding €5,000 |
| 31 | Sale of explosives to children | thirteen years | 18 years |
| to a penalty not exceeding five pounds | , on summary conviction, to a fine not exceeding €2,500 or, on conviction on indictment, to a fine not exceeding €5,000 | ||
| 32 | Explosives to be sold in closed packages labelled | to a penalty not exceeding forty shillings | , on summary conviction, to a fine not exceeding €2,500 or, on conviction on indictment, to a fine not exceeding €5,000 |
| 33 | General rules as to packing of explosives for conveyance | to a penalty not exceeding twenty pounds | on summary conviction, to a fine not exceeding €2,500 or, on conviction on indictment, to a fine not exceeding €5,000 |
| 34 | Bye-laws by harbour authority | pecuniary penalties not exceeding twenty pounds for each offence, and ten pounds for each day during which the offence continues | on summary conviction, a fine not exceeding €5,000 or, on conviction on indictment, a fine not exceeding €10,000 |
| 35 | Bye-laws by railway and canal company | pecuniary penalties not exceeding twenty pounds of each offence, and ten pounds for each day during which the offence continues | on summary conviction, a fine not exceeding €5,000 or, on conviction on indictment, a fine not exceeding €10,000 |
| 36 | Bye-laws as to wharves in which explosives loaded or unloaded | pecuniary penalties not exceeding twenty pounds for each offence, and ten pounds for each day during which the offence continues | on summary conviction, a fine not exceeding €5,000 or, on conviction on indictment, a fine not exceeding €10,000 |
| 37 | Byelaws as to conveyance by road or otherwise | pecuniary penalties not exceeding twenty pounds for each offence, and ten pounds for each day during which the breach continues | on summary conviction, a fine not exceeding €5,000 or, on conviction on indictment, a fine not exceeding €10,000 |
| 40 | Application of Part I to explosives other than gunpowder | to a penalty not exceeding one hundred pounds, and to a further penalty not exceeding two shillings for every pound of such explosive | on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000 |
| 43 | Manufacture, etc. of specially dangerous explosives | to a penalty not exceeding ten shillings for every pound of such explosive brought in the ship | on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000 |
| to a penalty not exceeding ten shillings for every pound of such explosive delivered or sold or found in his possession | , on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000 | ||
| 55 | Powers of Government inspectors | liable to a penalty not exceeding one hundred pounds for each offence | guilty of an offence and liable, on summary conviction, to a fine not exceeding €1,000 |
| 56 | Notice to remedy dangerous practices, etc. | to a penalty not exceeding twenty pounds for every day during which he so fails to comply | , on summary conviction, to a fine not exceeding €1,000 |
| 63 | Notice of accidents | to a penalty not exceeding twenty pounds | , on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000 |
| 66 | Inquiry into accidents | shall for every such offence incur a penalty not exceeding ten pounds and in the case of a failure to comply with a requisition for making any return or producing any document, not exceeding ten pounds during every day that such failure continues | is guilty of an offence and liable on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000 |
| 69 | Duty and power of local authority | to a penalty not exceeding twenty pounds | , on summary conviction, to a fine not exceeding €1,000 |
| 73 | Search for explosives | to a penalty not exceeding fifty pounds | , on summary conviction, to a fine not exceeding €1,000 |
| 74 | Seizure and detention of explosives | to a penalty not exceeding fifty pounds | , on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000 |
| 77 | Penalty on and removal of trespassers | to a penalty not exceeding five pounds | , on summary conviction, to a fine not exceeding €3,000 or, on conviction on indictment, to a fine not exceeding €5,000 |
| to a penalty not exceeding fifty pounds | , on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000 | ||
| 79 | Imprisonment for wilful act or neglect endangering life or limb | of the case, to imprisonment, with or without hard labour, for a period not exceeding six months | of the case— |
| (a) on summary conviction, to imprisonment for a term not exceeding 12 months or both the pecuniary penalty and such imprisonment, or | |||
| (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or both the pecuniary penalty and such imprisonment | |||
| 81 | Forgery and falsification of documents | to imprisonment, with or without hard labour, for a term not exceeding two years | on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both or, on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding five years or both |
| 82 | Defacing notices | two pounds | €100 |
SCHEDULE 3
Section 101.
Offences for the purposes of restriction on movement orders
1 Criminal Justice (Public Order) Act 1994
section 6 (threatening, abusive or insulting behaviour in public place)
F51[section 6A (threatening, abusive or insulting behaviour in public place aggravated by hatred)]
section 8 (failure to comply with direction of member of Garda Síochána)
section 11 (entering building, etc., with intent to commit an offence)
F51[section 11A (entering building, etc., with intent to commit an offence aggravated by hatred)]
section 13 (trespass on building, etc.)
section 16 (affray)
section 19 (assault or obstruction of peace officer)
2 Non-Fatal Offences Against the Person Act 1997
section 2 (assault)
F51[section 2A (assault aggravated by hatred)]
section 3 (assault causing harm)
F52[section 3A (non-fatal strangulation or non-fatal suffocation)]
F51[section 3B (assault causing harm aggravated by hatred)]
section 9 (coercion)
F51[section 9A (coercion aggravated by hatred)]
section 10 (harassment)
F51[section 10B (harassment aggravated by hatred)]
SCHEDULE 4 Minor and Consequential Amendments of Children Act 2001
Section 158 .
| Amendment No. | Section of Act | Amendment |
| 1. | 4, 5(2), 6 | “, the Minister for Education and Science” deleted. |
| 2. | 22, 24(2), 25, 26(1) and (2), 28(2)(a), 30(3)(a), 32, 38(f), 39(3)(i) | “or anti-social” inserted after “criminal”. |
| 3. | 28(2)(c) | “or engaging in further anti-social behaviour” inserted after “offences”. |
| 4. | 31(2)(b), 39(3)(h) | “or further criminal or anti-social behaviour by the child” after “offences”. |
| 5. | 54 | Section deleted. |
| 6. | 71(1)(a) | “Parts 8 and 12A” substituted for “Part 8”. |
| 7. | 95 | Definition of “children detention centre” deleted. |
| 8. | 98(h) | “or children detention centre” deleted. |
| 9. | 103(1) | Paragraph (c) deleted. |
| 10. | 103(1)(e) | “or children detention centre” and “or person for the time being in charge of the centre, as appropriate” deleted. |
| 11. | 142 | “or children detention centre” deleted. |
| 12. | 143 | “, in the case of a child under 16 years of age,” deleted. |
| 13. | 145 | “under 16 years of age” deleted. |
| 14. | 147 | Section deleted. |
| 15. | 150 | Section deleted. |
| 16. | 151(1) | “who is between 16 and 18 years of age” deleted. |
| 17. | 151(2) and 151(3) | “children detention school” substituted for “children detention centre”. |
| 18. | 152 | Section deleted. |
| 19. | 153 | Section deleted. |
| 20. | 154 | “, in any children detention centre designated under section 150 of the Children Act, 2001,” deleted. |
| 21. | 158 | “appropriate educational, training and other programmes and facilities” substituted for “educational and training programmes and facilities”. |
| 22. | 167(4)(c) | “Minister for Education and Science” substituted for “Minister for Justice, Equality and Law Reform”. |
| 23. | 179 | “with the consent of the Minister” inserted after “time”. |
| 24. | 187 | Section deleted. |
| 25. | 188 | Section deleted. |
| 26. | 189 | Section deleted. |
| 27. | 203(3) | “Minister and” inserted before “board of management” and “the board’s” deleted. |
| 28. | 204(9) | “Minister and” inserted before “board of management” and “board’s” deleted. |
| 29. | 214 | Subsection (2) deleted. |
| 30. | 225(2) | “Minister for Justice, Equality and Law Reform” substituted for “Minister for Education and Science”. |
| 31. | 263 | “(a) while in transit to a court from a remand centre or children detention school,” substituted for paragraph (a). |
| “(c) while awaiting removal pursuant to this Act to a remand centre or children detention school.” substituted for paragraph (c). | ||
| 32. | 265 | “or a place of detention designated under section 150” deleted. |
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