Criminal Justice Act 2007

PART 1 Preliminary and General

1. Short title, collective citations, construction and commencement.

1.— (1) This Act may be cited as the Criminal Justice Act 2007.

(2) This Act (other thanPart 8) comes 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) The Bail Act 1997 and Part 2 may be cited together as the Bail Acts 1997 and 2007.

(4) The Misuse of Drugs Acts 1977 to 2006 and Part 5 may be cited together as the Misuse of Drugs Acts 1977 to 2007 and shall be construed together as one.

(5) The Firearms Acts 1925 to 2006 and Part 6 may be cited together as the Firearms Acts 1925 to 2007 and shall be construed together as one.

(6) F1[…]

(7) The Sea-Fisheries Acts 2003 and 2006 and Part 8 may be cited together as the Sea-Fisheries Acts 2003 to 2007.

2. Definitions.

2.— In this Act—

F2["Act of 1861" means the Offences against the Person Act 1861;]

“Act of 1925” means Firearms Act 1925;

“Act of 1964” means Firearms Act 1964;

“Act of 1967” means Criminal Procedure Act 1967;

“Act of 1984” means Criminal Justice Act 1984;

“Act of 1990” means Firearms and Offensive Weapons Act 1990;

“Act of 1997” means Bail Act 1997;

“Act of 2005” means Garda Síochána Act 2005;

“Act of 2006” means Criminal Justice Act 2006;

“explosive” means an explosive within the meaning of the Explosives Act 1875 and any other substance or thing that is an explosive substance within the meaning of the Explosive Substances Act 1883;

“firearm” has the meaning it has in section 1 of the Act of 1925;

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

3. Repeals.

3.— (1) Subject to subsection (2), the enactments specified in Schedule 1 are repealed to the extent specified in column 3 of that Schedule.

(2) The repeal by subsection (1) of the enactments specified in Schedule 1 does not affect the application of those enactments to a failure to mention a fact to which those enactments relate if the failure occurred before the repeal comes into operation, and those enactments apply to such a failure as if they had not been repealed.

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 Amendment of Enactments Relating to Bail

5. Amendment of section 1 of Act of 1997.

5.— Section 1 of the Act of 1997 is amended in subsection (1) by the insertion of the following definitions:

“ ‘authorised person’ means a person who is appointed in writing by the Minister, or a person who is one of a prescribed class of persons, to be an authorised person for the purposes of sections 6B and 6C;

‘Minister’ means Minister for Justice, Equality and Law Reform;

‘prescribed’ means prescribed by regulations made by the Minister;”.

6. Statement by applicants for bail charged with serious offences.

6.— The Act of 1997 is amended by the insertion of the following section after section 1:

“1A.— (1) A person who is charged with a serious offence and applies for bail (in this section referred to as ‘the applicant’) shall, subject to subsections (4) and (5)(c), furnish to the prosecutor a written statement duly signed by the applicant and containing the following information relating to the applicant:

(a) his or her name and any other name or names previously used;

(b) his or her current occupation and any previous occupation or occupations within the immediately preceding 3 years;

(c) his or her source or sources of income within the immediately preceding 3 years;

(d) his or her property, whether wholly or partially owned by, or under the control of, the applicant and whether within or outside the State;

(e) any previous conviction or convictions of the applicant for a serious offence;

(f) any previous conviction or convictions of the applicant for an offence or offences committed while on bail;

(g) any previous application or applications by the person for bail, indicating whether or not it was granted and, if granted, the conditions to which the recognisance was subject.

(2) The statement shall be in the prescribed form or a form to the like effect.

(3) The statement shall be furnished to the prosecutor—

(a) where written notice of the application for bail is not required, as soon as reasonably practicable before the application is made, or

(b) where such notice is required, on service of the notice.

(4) The requirement in subsection (1) to furnish a statement may be dispensed with where—

(a) the prosecutor states an intention to consent to the grant of bail, or

(b) the applicant and prosecutor consent to dispensing with the requirement.

(5) The court may by order:

(a) extend the period for production by the applicant of the statement;

(b) adjourn the hearing of the application pending production of the statement;

(c) dispense with the need to comply with subsection (1) if satisfied that there is good and sufficient reason for doing so;

(d) impose such conditions as it considers just in any order made by it under this section.

(6) The statement shall be received in evidence without further proof in proceedings under this section if it purports to be signed by the applicant.

(7) In proceedings under this section any witness may, with the leave of the court, be examined on the content of the statement.

(8) No information relating to the statement or any part of it shall be published in a written publication available to the public or be broadcast, unless the court otherwise directs.

(9) The court may, if it considers that publication of any examination of the applicant in relation to the statement or any part of it or of any submissions made to the court may prejudice the applicant’s right to a fair trial, by order direct that no information relating to the examination or submissions be published in a written publication available to the public or be broadcast.

(10) The court, when making an order under subsection (9), may specify the duration of the order and may at any time vary or set aside the order.

(11) An applicant who knowingly gives false or misleading information or conceals any material fact, either in the statement or in evidence in proceedings under this section, is guilty of an offence and liable on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both.

(12) Any information contained in the statement is not admissible in evidence in any other proceedings or matter, except in proceedings against the applicant under subsection (11).

(13) The court may consider an application for bail, notwithstanding a failure by the applicant to furnish the statement.

(14) Nothing in this section limits the jurisdiction of a court to grant bail.

(15) Subsection (2) of section 4 applies in relation to the hearing of evidence in relation to the statement and subsections (4) to (7) of that section apply in relation to a contravention of subsection (8) or (9) of this section, in each case with the necessary modifications.

(16) In this section ‘property’ means—

(a) cash, money in an account in a financial institution, cheques, bank drafts and transferable securities (including shares, warrants and debentures),

(b) land,

(c) mechanically propelled vehicles, and

(d) any other asset exceeding €3,000 in value.”.

7. Evidence in applications for bail under section 2.

7.— The Act of 1997 is amended by the insertion of the following section after section 2:

“2A.— (1) Where a member of the Garda Síochána not below the rank of chief superintendent, in giving evidence in proceedings under section 2, states that he or she believes that refusal of the application is reasonably necessary to prevent the commission of a serious offence by that person, the statement is admissible as evidence that refusal of the application is reasonably necessary for that purpose.

(2) Evidence given by such a member in the proceedings is not admissible in any criminal proceedings against the applicant.

(3) The court may, if it considers that publication of evidence given by such a member under subsection (1) or of any part of it may prejudice the accused person’s right to a fair trial, by order direct that no information relating to the evidence or that part, or to any examination of the member, be published in a written publication or be broadcast.

(4) The court, when making an order under subsection (3), may specify the duration of the order and may at any time vary or set aside the order as it sees fit and subject to such conditions as it may impose.

(5) Subsection (2) of section 4 applies in relation to the hearing of the evidence of the member and subsections (4) to (7) of that section apply in relation to a contravention of subsection (3) of this section, in each case with the necessary modifications.

(6) Nothing in this section is to be construed as prejudicing the admission in proceedings under section 2 of other evidence of belief, or of evidence of opinion, whether tendered by any member of the Garda Síochána or other person.

(7) Nothing in this section limits the jurisdiction of a court to grant bail.”.

8. Amendment of section 5 of Act of 1997.

8.— Section 5 of the Act of 1997 is amended—

(a) in subsection (1), by the substitution of “any moneys to be paid into court under a recognisance” for “any recognisance”,

(b) in subsection (2), by the substitution of the following paragraph for paragraph (a):

“(a) Where a court requires payment of moneys into court by a person or any surety as a condition of a recognisance, it may accept as security, in lieu of such payment, any instrument that it considers to be adequate evidence of the title of a person to property (other than land or any estate, right or interest in or over land).”,

and

(c) in subsection (3), by the substitution of “moneys paid” for “recognisance paid”.

9. Amendment of section 6 of Act of 1997.

9.— Section 6 of the Act of 1997 is amended—

(a) in subsection (1), by the substitution of the following paragraph for paragraph (a):

“(a) the recognisance shall, in addition to the condition requiring his or her appearance before the court at the end of the period of remand of the accused person, be subject to the condition that the accused person shall not commit an offence while on bail,”,

and

(b) by the insertion of the following subsection after subsection (3):

“(3A) A recognisance referred to in subsection (3) shall contain a statement that the accused person may apply to the court at any time to vary or revoke a condition of the recognisance.”.

10. Application of section 6 in relation to certain appellants.

10.— The Act of 1997 is amended by the insertion of the following section after section 6:

“6A.— Section 6 applies in relation to recognisances entered into by persons appealing against sentences of imprisonment imposed by the District Court with the following modifications:

(a) by the substitution of the following paragraph for paragraph (a) of subsection (1):

‘(a) the recognisance shall be subject to the following conditions, namely, that the appellant shall—

(i) prosecute the appeal,

(ii) attend the sittings of the Circuit Court until the appeal has been determined, and

(iii) not commit an offence while on bail,’;

(b) references in that section to an accused person or a person charged with an offence are to be construed as references to persons so appealing;

(c) the reference to a court in subsection (8) is to be construed as a reference to the District Court;

and with any other necessary modifications.”.

11. Electronic monitoring of certain persons admitted to bail.

11.— The Act of 1997 is amended by the insertion of the following section after section 6A:

“6B.— (1) Subject to subsection (2), where a person (in this section referred to as ‘the person’) who—

(a) is charged with a serious offence or is appealing against a sentence of imprisonment imposed by the District Court, and

(b) is admitted to bail on entering into a recognisance which is subject to any of the conditions mentioned in subparagraphs (i) and (iv) of section 6(1)(b),

the court may make the recognisance subject to the following further conditions:

(i) that the person’s movements while on bail are monitored electronically so that his or her compliance or non-compliance with a condition mentioned in any of the said subparagraphs can be established;

(ii) that for that purpose the person has an electronic monitoring device attached to his or her person, either continuously or for such periods as may be specified; and

(iii) that an authorised person is responsible for monitoring the person’s compliance or non-compliance with any condition mentioned in the said subparagraphs or in paragraph (ii) of this subsection.

(2) A recognisance shall not be made subject to the further conditions mentioned in subsection (1)—

(a) if the person is to reside or remain in a particular place, without the consent of the owner of the place or of an adult person habitually residing there, or, as the case may be, of the person in charge of the place, and

(b) unless the person agrees to comply with those further conditions.

(3) The court shall direct that a copy of the recognisance containing the conditions to which it is subject be given to—

(a) the person and any surety,

(b) the member in charge of the Garda Síochána station for the place where the person is residing while the recognisance is in force, and

(c) if an authorised person is to be responsible for monitoring the person’s movements electronically, the authorised person.

(4) The court, on application to it by a person whose recognisance is subject to one or more of the conditions or further conditions referred to in subsection (1), may, if it considers it appropriate to do so, vary a condition of the recognisance, whether by altering or revoking it or by adding a further condition to it.

(5) A recognisance referred to in subsection (3) shall contain a statement that the accused person may apply to the court at any time to vary or revoke a condition of the recognisance.

(6) The prosecutor shall be given notice of, and be entitled to be heard in, any proceedings under subsection (4).

(7) Without prejudice to section 6(5), the court may issue a warrant for the arrest of the person on information being made in writing and on oath by an authorised person, any surety or a member of the Garda Síochána that he or she is about to contravene any of the further conditions referred to in paragraph (i) or (ii) of subsection (1).

(8) Subsections (6) to (9) of section 6 apply, with the necessary modifications, in relation to a warrant issued under subsection (7) of this section as if the warrant had been issued under subsection (5) of that section.

(9) This section does not apply in relation to a person under the age of 18 years.”.

12. Evidence of electronic monitoring.

12.— The Act of 1997 is amended by the insertion of the following section after section 6B:

“6C.— (1) Where the movements of a person are subject to electronic monitoring as a condition of the recognisance entered into by the person, evidence of his or her—

(a) presence or absence in or from a particular district or place at a particular time, or

(b) compliance or non-compliance with a condition imposed under section 6B(1)(ii) in relation to the wearing of an electronic monitoring device,

may, subject to this section, be given in any proceedings by the production of the following documents:

(i) a statement purporting to be generated automatically or otherwise by a prescribed device by which the person’s whereabouts were electronically monitored;

(ii) a certificate—

(I) that the statement relates to the whereabouts of the person at the dates and times shown in it, and

(II) purporting to be signed by an authorised person who is responsible for monitoring electronically the accused person’s compliance with a condition mentioned in subparagraph (i) or (iv) of section 6(1)(b) or in section 6B(1).

(2) Subject to subsection (3), in any proceedings the statement and certificate mentioned in paragraphs (i) and (ii) of subsection (1) are admissible as evidence of the facts contained in them, unless the contrary is shown.

(3) Neither the statement nor the certificate is so admissible unless a copy of it has been served on the person concerned before the commencement of the proceedings concerned.”.

13. Arrangements for electronic monitoring.

13.— The Act of 1997 is amended by the insertion of the following section after section 6C:

“6D.— The Minister may, with the consent of the Minister for Finance, make such arrangements, including contractual arrangements, as he or she considers appropriate with such persons as he or she thinks fit for monitoring electronically the compliance or non-compliance of persons with a condition mentioned in subparagraph (i) or (iv) of section 6(1)(b) or in section 6B(1)(ii).”.

14. Amendment of section 8 of Act of 1997.

14.— Section 8 of the Act of 1997 is amended—

(a) in subsection (1), by the insertion of “(if any)” after “amounts”,

(b) in subsection (2), by the substitution of “any moneys conditioned to be paid under a recognisance” for “any recognisance”, and

(c) in subsection (3), by the substitution of “where the courthouse at which the arrested person is conditioned to appear is situate” for “in which the Garda Síochána station is situate”.

15. Estreatment of recognisance and forfeiture of moneys paid into court.

15.— The Act of 1997 is amended by the substitution of the following section for section 9:

“9.— (1) This section applies where—