LegalizeReform history
Criminal Justice Act 2007
2 versions
· 2007-05-09
2025-04-02
IE-2007-act-29 — consolidated version 2025-04-02
Changes on 2025-04-02
@@ -1,8 +1,6 @@
# Criminal Justice Act 2007
## PART 1 Preliminary and General
##### 1. Short title, collective citations, construction and commencement.
##### 1. **Short title, collective citations, construction and commencement.**
**1**.— (1) This Act may be cited as the Criminal Justice Act 2007.
@@ -14,14 +12,16 @@
(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) The Garda Síochána Act 2005 and *Part 7* may be cited together as the Garda Síochána Acts 2005 to 2007.
(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. **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;
@@ -44,29 +44,29 @@
“Minister” means Minister for Justice, Equality and Law Reform.
##### 3. Repeals.
##### 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**3**.— (1) Subject to *subsection (2)*, the enactments specified in *Schedule 1* are repealed to the extent specified in *column 3* of that Schedule.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occurred before the repeal comes into operation, and those enactments apply to such a failure as if they had not been repealed.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. **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. **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;
‘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. **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:
@@ -130,7 +130,7 @@
(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—
(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),
@@ -140,7 +140,7 @@
(*d*) any other asset exceeding €3,000 in value.”.
##### 7. Evidence in applications for bail under section 2.
##### 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:
@@ -158,7 +158,7 @@
(7) Nothing in this section limits the jurisdiction of a court to grant bail.”.
##### 8. Amendment of section 5 of Act of 1997.
##### 8. **Amendment of section 5 of Act of 1997.**
**8**.— Section 5 of the Act of 1997 is amended—
@@ -172,7 +172,7 @@
(*c*) in subsection (3), by the substitution of “moneys paid” for “recognisance paid”.
##### 9. Amendment of section 6of Act of 1997.
##### 9. **Amendment of section 6 of Act of 1997.**
**9**.— Section 6 of the Act of 1997 is amended—
@@ -186,7 +186,7 @@
“(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. **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:
@@ -208,7 +208,7 @@
and with any other necessary modifications.”.
##### 11. Electronic monitoring of certain persons admitted to bail.
##### 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:
@@ -252,9 +252,9 @@
(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 aftersection 6B:
##### 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—
@@ -276,13 +276,13 @@
(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. **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. **Amendment of section 8 of Act of 1997.**
**14**.— Section 8 of the Act of 1997 is amended—
@@ -292,7 +292,7 @@
(*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. **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:
@@ -344,7 +344,7 @@
(13) If an order under subsection (2)(*a*) or any variation of it under subsection (11) is not complied with, a warrant of committal of the person for such non-compliance shall be issued by the court and, for the purpose of determining the term of imprisonment to be served by the person, the warrant shall be treated as if it were a warrant for imprisonment for non-payment of a fine equivalent to the amount estreated under the said subsection (2)(*a*).”.
##### 16. Regulations.
##### 16. **Regulations.**
**16**.— The Act of 1997 is amended by the insertion of the following section after section 11:
@@ -354,7 +354,7 @@
(3) Regulations under this section shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling them is passed by either such House within the next 21 days on which that House has sat after they are laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”.
##### 17. Amendment of Schedule to Act of 1997.
##### 17. **Amendment of Schedule to Act of 1997.**
**17**.— The Schedule to the Act of 1997 is amended—
@@ -402,7 +402,7 @@
“30. An offence of attempting or conspiring to commit, or inciting the commission of, any offence mentioned in this Schedule.”.
##### 18. Amendment of section 22 of Act of 1967.
##### 18. **Amendment of section 22 of Act of 1967.**
**18**.— Section 22 of the Act of 1967 is amended—
@@ -420,7 +420,7 @@
(3) A recognisance referred to in subsection (2) may be taken by any judge of the District Court.”.
##### 19. Amendment of section 28 of Act of 1967.
##### 19. **Amendment of section 28 of Act of 1967.**
**19**.— Section 28 of the Act of 1967 is amended by the substitution of the following subsection for subsection (3):
@@ -432,19 +432,19 @@
(*d*) An appeal against a decision by the Circuit Court under this section lies to the High Court at the instance of the applicant or prosecutor.”.
##### 20. Amendment of section 31 of Act of 1967.
##### 20. **Amendment of section 31 of Act of 1967.**
**20**.— Section 31 of the Act of 1967 is amended by the substitution of the following subsection for subsection (3):
“(3) If the recognisance is conditioned for the payment of a sum of money, that sum may be accepted in lieu of a surety or sureties.”.
##### 21. Amendment of section 68 of Children Act 2001.
##### 21. **Amendment of section 68 of Children Act 2001.**
**21**.— Section 68 of the Children Act 2001 is amended by the substitution of the following subsection for subsection (4):
“(4) If the recognisance is conditioned for the payment of a sum of money, that sum may be accepted in lieu of a surety or sureties.”.
##### 22. Amendment of section 11 of Act of 1984.
##### 22. **Amendment of section 11 of Act of 1984.**
**22**.— Section 11 of the Act of 1984 is amended by the substitution of the following subsection for subsection (1):
@@ -456,7 +456,7 @@
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.”.
##### 23. Amendment of section 13 of Act of 1984.
##### 23. **Amendment of section 13 of Act of 1984.**
**23**.— Section 13 of the Act of 1984 is amended—
@@ -468,11 +468,11 @@
## PART 3 Sentencing
##### 24. Interpretation (*Part 3*).
##### 24. **Interpretation (Part 3).**
**24**.— (1) In this Part—
“ imprisonment ” includes—
“imprisonment” includes—
(*a*) detention in Saint Patrick’s Institution,
@@ -480,9 +480,9 @@
(*c*) detention in a place specified under section 3 of the Prisons Act 1972,
and “ prison ” and “ sentence of imprisonment ” shall be construed accordingly;
“ remission from the sentence ” means, in relation to the sentence imposed on a person, the remission which he or she may earn from that sentence under the rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct.
and “prison” and “sentence of imprisonment” shall be construed accordingly;
“remission from the sentence” means, in relation to the sentence imposed on a person, the remission which he or she may earn from that sentence under the rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct.
(2) In this Part, references to an offence specified in *Schedule 2* shall include—
@@ -490,7 +490,7 @@
(*b*) references to an offence of attempting or conspiring to commit, or inciting the commission of, such an offence.
##### 25. Commission of another offence within specified period.
##### 25. **Commission of another offence within specified period.**
**25**.— (1) Subject to *subsections (2)* and *(3)*, where a person (other than a person under the age of 18 years)—
@@ -512,13 +512,13 @@
(*a*) section 2 of the Criminal Justice Act 1990;
(*b*) section 15(8) of the Act of 1925;
(*c*) section 26(8), 27(8), 27A(8) or 27B(8) of the Act of 1964;
(*d*) section 12A(13) of the Act of 1990; or
(*e*) section 27(3F) of the Misuse of Drugs Act 1977.
(*b*) F4[…]
(*c*) F4[…]
(*d*) F4[…]
(*e*) F4[…]
(3) *Subsection (1)* shall not apply where the court is satisfied that it would be disproportionate in all the circumstances of the case to specify as the minimum term of imprisonment to be served by the person concerned the term of imprisonment referred to in that subsection in respect of the subsequent offence.
@@ -542,9 +542,13 @@
(*a*) remanded in custody,
(*b*) serving a sentence in prison, or
(*c*) temporarily released under section 2 of the Criminal Justice Act 1960.
(*b*) serving a sentence F5[in prison,]
(*c*) temporarily released under section 2 of the F6[Criminal Justice Act 1960,]
F7[(*ca*) conditionally released under section 2A of the Criminal Justice Act 1960, or]
F8[(*d*) released on parole within the meaning of the Parole Act 2019.]
(9) References in this section to the subsequent offence shall include references to a second or subsequent offence specified in *Schedule 2* of which a person (other than a person under the age of 18 years) is convicted on indictment during the specified period.
@@ -580,7 +584,7 @@
(16) The reference in *subsection (15)* to section 2 of the Criminal Justice Act 1960 shall be construed to include that section as applied by section 4 of the Prisons Act 1970.
##### 26. Monitoring orders and protection of persons orders.
##### 26. **Monitoring orders and protection of persons orders.**
**26**.— (1) Where a person (other than a person under the age of 18 years) (in this section referred to as “the offender”) is convicted on indictment of an offence specified in *Schedule 2*, the court shall consider whether it is appropriate to make an order or orders under this section in relation to the offender for the purpose of monitoring the offender after release from prison or for the purpose of protecting any person.
@@ -588,7 +592,7 @@
(3) A monitoring order may be made for such period, not exceeding 7 years, as the court considers appropriate.
(4) The court may make an order (in this section referred to as a “ protection of persons order”) in relation to the offender for the purpose of protecting the victim of the offence concerned or any other person named in the order from harassment by the offender while the order is in force.
(4) The court may make an order (in this section referred to as a “protection of persons order”) in relation to the offender for the purpose of protecting the victim of the offence concerned or any other person named in the order from harassment by the offender while the order is in force.
(5) The court may provide in a protection of persons order that the offender is prohibited from engaging in any behaviour that, in the opinion of the court, would be likely to cause the victim of the offence concerned or any other person named in the order fear, distress or alarm or would be likely to amount to intimidation of any such person.
@@ -610,9 +614,67 @@
(11) Nothing in this section shall affect any other order, restriction or obligation, or any condition attaching thereto, to which the offender is subject whether made or imposed under statute or otherwise apart from this section while a monitoring order or a protection of persons order is in force.
(12) In this section “ home ”, in relation to the offender, means his or her sole or main residence or, if he or she has no such residence, his or her most usual place of abode or, if he or she has no such abode, the place which he or she regularly visits.
##### 27. Amendment of Criminal Justice (Legal Aid) Act 1962.
(12) In this section “home”, in relation to the offender, means his or her sole or main residence or, if he or she has no such residence, his or her most usual place of abode or, if he or she has no such abode, the place which he or she regularly visits.
##### 26A. **F10[Post-release orders in cases of certain offences.**
**26A.**—(1) Where, on or after the commencement of a scheme under*subsection (10)*, a person (other than a person under the age of 18 years), in this section referred to as "the offender", is convicted on indictment of—
(*a*) an offence underF11[Part 7 of the Act of 2006,]
F12[(*aa*) the offence of conspiracy to murder under section 4 of the Act of 1861, or]
(*b*) an offenceF11[(other than an offence referred to in*paragraph (a)*or*(aa)*)]specified in*Schedule 2*that has been committed as part of, or in furtherance of, the activities of a criminal organisation,
the court shall, in determining the sentence to be imposed on the offender in respect of that offence, consider whether it is appropriate to make an order under this section (in this section referred to as a "post-release (restrictions on certain activities) order") in relation to him or her for the purpose of the offender’s being subject, after his or her release from prison, to the restrictions and conditions subsequently mentioned in this section.
(2) A post-release (restrictions on certain activities) order shall not be made in relation to the offender unless the court considers that, having regard to—
(*a*) the evidence given in the trial of the offender for the offence concerned, and
(*b*) evidence that is given to the court in relation to the sentence to be imposed for that offence,
it is in the public interest to make such an order, and in determining whether to make such order the court shall take account of such matters as the court considers appropriate, including the offender’s previous criminal record and the other circumstances relating to him or her.
(3) There is, by virtue of this subsection, conferred on the court power to make, as part of the offender’s sentence, a post-release (restrictions on certain activities) order in relation to him or her, that is to say, an order imposing one or more (and no other) of the following restrictions and conditions:
(*a*) restrictions on the offender’s movements, actions or activities;
(*b*) conditions subject to which the offender may engage in any activity;
(*c*) restrictions on the offender’s association with others or conditions subject to which the offender may associate with others,
being restrictions and conditions, as to both their nature and extent, that—
(i) are determined by the court to be no more than is reasonably necessary to be imposed in the public interest, and
(ii) fall into a category of restrictions and conditions specified in a scheme made under*subsection (10)*.
(4) A post-release (restrictions on certain activities) order may be made for such period, not exceeding 7 years, as the court considers appropriate.
(5) A post-release (restriction of certain activities) order in relation to the offender shall come into force on the date on which—
(*a*) the sentence of imprisonment imposed on him or her in respect of the offence concerned expires or, as the case may be, his or her remission from the sentence begins, or
(*b*) if the offender is imprisoned in respect of another offence, the date on which that sentence of imprisonment expires or, as the case may be, his or her remission from that sentence begins,
whichever is the later.
(6) Where a post-release (restriction of certain activities) order is made (whether or not it is in force), the court that made the order may, if it so thinks proper, on the application of the offender vary or revoke the order if it is satisfied that by reason of such matters or circumstances specified in the application that have arisen or occurred since the making of the order that it should be varied or revoked.
(7) An application under*subsection (6)*shall be made on notice to an inspector of the Garda Síochána of the district in which the offender ordinarily resided at the time that the order was made or, if appropriate, an inspector of the Garda Síochána of the district in which the home of the offender is located at the time of the application.
(8) A person who fails, without reasonable cause, to comply with a post-release (restriction of certain activities) order shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding€5,000 or imprisonment for a term not exceeding 12 months or both.
(9) Nothing in this section shall affect any other order, restriction or obligation, or any condition attaching thereto, to which the offender is subject whether made or imposed under statute (including*section 26*) or otherwise apart from this section while a post-release (restrictions of certain activities) order is in force.
(10) (*a*) As soon as practicable, but not later than 6 months, after the commencement ofsection 14of the Criminal Justice (Amendment) Act 2009, the Minister shall prepare a scheme specifying 2 or more categories of restrictions and conditions that may be imposed by post-release (restrictions on certain activities) orders and lay a draft of the scheme before each House of the Oireachtas.
(*b*) If the draft of the scheme, so laid, is approved by a resolution passed by each such House, the Minister shall make the scheme as soon as practicable thereafter.
(11) In this section "home", in relation to the offender, means his or her sole or main residence or, if he or she has no such residence, his or her most usual place of abode or, if he or she has no such abode, the place which he or she regularly visits.]
##### 27. **Amendment of Criminal Justice (Legal Aid) Act 1962.**
**27**.— The Criminal Justice (Legal Aid) Act 1962 is amended—
@@ -660,7 +722,7 @@
(ii) by reason of the conditions specified in the order or of exceptional circumstances, it is essential in the interests of justice that the person should have legal aid in the preparation and conduct of the application to vary or revoke the order.
(3) In this section ‘ protection of persons order ’ has the meaning it has in *section 26* of the *Criminal Justice Act 2007*.”,
(3) In this section ‘protection of persons order’ has the meaning it has in *section 26* of the *Criminal Justice Act 2007*.”,
(*b*) in section 7, by the addition of the following subsection:
@@ -672,7 +734,7 @@
## PART 4 Inferences to be Drawn in Certain Circumstances
##### 28. Inferences from failure or refusal to account for objects, marks, etc.
##### 28. **Inferences from failure or refusal to account for objects, marks, etc.**
**28**.— (1) The Act of 1984 is amended by the substitution of the following section for section 18:
@@ -724,7 +786,7 @@
(3) *Subsection (1)* shall not affect the application of section 18 of the Act of 1984 to a failure or refusal to account for the presence of an object, substance or mark or for the condition of clothing or footwear if the failure or refusal occurred before the commencement of this section, and that section shall apply to such a failure or refusal as if *subsection (1)* had not been enacted.
##### 29. Inferences from failure or refusal to account for accused's presence at a particular place.
##### 29. **Inferences from failure or refusal to account for accused's presence at a particular place.**
**29**.— (1) The Act of 1984 is amended by the substitution of the following section for section 19:
@@ -764,7 +826,7 @@
(3) *Subsection (1)* shall not affect the application of section 19 of the Act of 1984 to a failure or refusal of a person to account for his or her presence if the failure or refusal occurred before the commencement of this section, and that section shall apply to such a failure or refusal as if *subsection (1)* had not been enacted.
##### 30. Inferences from failure of accused to mention particular facts.
##### 30. **Inferences from failure of accused to mention particular facts.**
**30**.— The Act of 1984 is amended by the insertion of the following section after section 19:
@@ -800,7 +862,7 @@
(9) In this section ‘arrestable offence’ has the meaning it has in section 2 (as amended by section 8 of the Criminal Justice Act 2006) of the Criminal Law Act 1997.”.
##### 31. Amendment of section 2 of Offences Against the State (Amendment) Act 1998.
##### 31. **Amendment of section 2 of Offences Against the State (Amendment) Act 1998.**
**31**.— (1) Section 2 of the Offences Against the State (Amendment) Act 1998 is amended—
@@ -830,7 +892,7 @@
(2) This section shall not apply to a failure to answer a question to which section 2 of the Offences Against the State (Amendment) Act 1998 relates if the failure occurred before the commencement of this section.
##### 32. Regulations.
##### 32. **Regulations.**
**32**.— (1) The Minister may make regulations providing for the administration of cautions by members of the Garda Síochána to persons in relation to offences.
@@ -856,7 +918,7 @@
## PART 5 Misuse of Drugs
##### 33. Amendment of section 27 of Misuse of Drugs Act 1977.
##### 33. **Amendment of section 27 of Misuse of Drugs Act 1977.**
**33**.— Section 27 of the Misuse of Drugs Act 1977 is amended by the substitution of the following subsections for subsections (3A) to (3K):
@@ -926,7 +988,7 @@
## PART 6 Amendment of Firearms Acts 1925 to 2006
##### 34. Amendment of section 2 of Act of 1925.
##### 34. **Amendment of section 2 of Act of 1925.**
**34**.— Section 2 of the Act of 1925 is amended—
@@ -936,7 +998,7 @@
“(7) The superintendent of any district may authorise the Board of the National Museum in writing to possess for a specified period a firearm that is a museum heritage object within the meaning of the National Cultural Institutions Act 1997.”.
##### 35. Amendment of section 15 of Act of 1925.
##### 35. **Amendment of section 15 of Act of 1925.**
**35**.— Section 15 of the Act of 1925 is amended—
@@ -948,7 +1010,7 @@
(*b*) in subsection (5), by the insertion of “, subject to subsection (6),” after “and for this purpose the court may”.
##### 36. Amendment of section 26 of Act of 1964.
##### 36. **Amendment of section 26 of Act of 1964.**
**36**.— Section 26 of the Act of 1964 is amended—
@@ -960,7 +1022,7 @@
(*b*) in subsection (5), by the insertion of “, subject to subsection (6),” after “and for this purpose the court may”.
##### 37. Amendment of section 27 of Act of 1964.
##### 37. **Amendment of section 27 of Act of 1964.**
**37**.— Section 27 of the Act of 1964 is amended—
@@ -972,7 +1034,7 @@
(*b*) in subsection (5), by the insertion of “, subject to subsection (6),” after “and for this purpose the court may”.
##### 38. Amendment of section 27A of Act of 1964.
##### 38. **Amendment of section 27A of Act of 1964.**
**38**.— Section 27A of the Act of 1964 is amended—
@@ -986,7 +1048,7 @@
(*c*) in subsection (5), by the insertion of “, subject to subsection (6),” after “and for this purpose the court may”.
##### 39. Amendment of section 27B of Act of 1964.
##### 39. **Amendment of section 27B of Act of 1964.**
**39**.— Section 27B of the Act of 1964 is amended—
@@ -998,7 +1060,7 @@
(*b*) in subsection (5), by the insertion of “, subject to subsection (6),” after “and for this purpose the court may”.
##### 40. Amendment of section 12A of Act of 1990.
##### 40. **Amendment of section 12A of Act of 1990.**
**40**.— Section 12A of the Act of 1990 is amended—
@@ -1012,105 +1074,11 @@
## PART 7 Amendment of Garda Síochána Act 2005
##### 41. Establishment and functions of Garda Síochána Executive Management Board.
**41**.— The Act of 2005 is amended by the insertion of the following Chapter after section 33:
*Establishment and functions of Garda Síochána Executive Management Board*
Establishment day.
33A.— The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Chapter.
Establishment of Garda Síochána Executive Management Board.
33B.— On the establishment day, a body to be known as An Bord Bainistíochta Feidhmiúcháin an Gharda Síochána or, in the English language, the Garda Síochána Executive Management Board (in this Chapter referred to as “the Board”) stands established to perform the function assigned to it by this Chapter.
Membership of Board.
33C.— (1) The Board consists of—
(*a*) executive members who are responsible for performing the Board’s function, and
(*b*) 3 non-executive members, who participate in an advisory capacity in relation to the performance of that function.
(2) The executive members of the Board are—
(*a*) the Garda Commissioner, who is its chairperson,
(*b*) the Deputy Garda Commissioners, and
(*c*) a member of the civilian staff of the Garda Síochána of a grade equivalent to that of Deputy Garda Commissioner.
(3) The non-executive members of the Board are persons who are not serving or former members of the Garda Síochána or its civilian staff.
(4) At least one of the non-executive members of the Board shall be a woman and at least one of them shall be a man.
Appointment, etc., of non-executive members.
33D.— (1) The non-executive members of the Board shall—
(*a*) be appointed by the Government on the nomination of the Minister,
(*b*) be persons who have expertise in the strategic and financial management of organisations, the management of their human resources or the planning and review functions relating to them or have other relevant experience, and
(*c*) serve on the Board in a non-executive capacity to provide advice in relation to annual policing plans, budgetary matters, allocation of resources, technology, equipment, setting of targets, training, development and leadership and other related matters.
(2) Subject to subsection (5), a non-executive member holds office for a period of 4 years and is eligible for re-appointment for a second term.
(3) The terms and conditions of appointment of non-executive members, including those relating to remuneration, shall be determined by the Minister in consultation with the Minister for Finance.
(4) A non-executive member may at any time resign his or her office by letter addressed to the Minister, and the resignation takes effect on the date of receipt of the letter.
(5) A non-executive member may be removed from office by the Government for stated reasons or if in the opinion of the Government the member has become incapable through ill health or incapacity of effectively performing the duties of the office.
(6) Whenever the number of non-executive members falls below 3, the vacancy or vacancies shall be filled by appointment in accordance with subsection (1).
(7) A non-executive member who is appointed to fill a vacancy holds office for the remainder of the term of office of the replaced member.
(8) The Board may act notwithstanding any such vacancy or any resulting non-compliance with section 33C(4).
(9) A person ceases to be a non-executive member as soon as he or she—
(*a*) is nominated as a member of Seanad Éireann,
(*b*) is elected as a member of either House of the Oireachtas or of the European Parliament,
(*c*) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament to fill a vacancy, or
(*d*) becomes a member of a local authority.
Function of Board.
33E.— (1) The function of the Board is to keep under review the performance by the Garda Síochána of its functions and the arrangements and strategies in place to support and enhance the performance of those functions.
(2) In particular, the Board shall keep under review the adequacy of—
(*a*) the performance by the Garda Síochána of its functions,
(*b*) the arrangements and strategies in place to support and enhance that performance,
(*c*) the corporate governance arrangements and structures within the Garda Síochána,
(*d*) the arrangements for the recruitment, training and development of the members and civilian staff of the Garda Síochána, and
(*e*) the mechanisms in place within the Garda Síochána for the measurement of performance and accountability of such members and staff.
Provision of information to non-executive members by Garda Commissioner.
33F.— The Garda Commissioner shall make available to the non-executive members of the Board any information which is relevant to the performance of their functions.
Reports to Minister.
33G.— (1) The Board shall furnish to the Minister, at six-monthly intervals, a report on the performance of its function.
(2) The Minister shall cause a copy of the report to be laid before each House of the Oireachtas as soon as may be after its receipt.
Saving.
33H.— The performance by the Board of its function is without prejudice to, and in no way limits, the performance by the Garda Commissioner of his or her functions under section 26 or his or her accountability for the direction, control, management and operational efficiency of the Garda Síochána.”.
##### 42. Special inquiries relating to Garda Síochána.
##### 41. **Establishment and functions of Garda Síochána Executive Management Board.**
**41.**— F14[…]
##### 42. **Special inquiries relating to Garda Síochána.**
**42**.— The Act of 2005 is amended by the substitution of the following section for section 42:
@@ -1154,11 +1122,11 @@
(13) In this section—
‘ appointed person ’ means a person appointed under this section to conduct an inquiry;
‘appointed person’ means a person appointed under this section to conduct an inquiry;
‘criminal proceedings’ does not include disciplinary proceedings.”.
##### 43. Other amendments to Act of 2005.
##### 43. **Other amendments to Act of 2005.**
**43**.— The Act of 2005 is amended—
@@ -1204,7 +1172,7 @@
## PART 8 Amendments to the Sea-Fisheries Acts 2003 and 2006
##### 44. Amendments to Sea-Fisheries Acts 2003 and 2006.
##### 44. **Amendments to Sea-Fisheries Acts 2003 and 2006.**
**44**.— The Sea-Fisheries and Maritime Jurisdiction Act 2006 is amended—
@@ -1262,11 +1230,11 @@
(9) In this section—
‘ commission ’, in relation to an offence, includes an attempt to commit the offence;
‘ computer at the place which is being searched ’ includes any other computer, whether at that place or at any other place, which is lawfully accessible by means of that computer;
‘ place ’ includes a dwelling, a building or other structure or part of a building or other structure, a vehicle, a sea-fishing boat or other vessel, an aircraft, an installation in the territorial seas or in a designated area (within the meaning of the Continental Shelf Act 1968) and a tent, caravan or other temporary or movable structure;
‘commission’, in relation to an offence, includes an attempt to commit the offence;
‘computer at the place which is being searched’ includes any other computer, whether at that place or at any other place, which is lawfully accessible by means of that computer;
‘place’ includes a dwelling, a building or other structure or part of a building or other structure, a vehicle, a sea-fishing boat or other vessel, an aircraft, an installation in the territorial seas or in a designated area (within the meaning of the Continental Shelf Act 1968) and a tent, caravan or other temporary or movable structure;
‘thing’ includes any thing that may be inspected by a sea-fisheries protection officer pursuant to section 17 or 18.”,
@@ -1294,7 +1262,7 @@
## PART 9 Miscellaneous
##### 45. Amendment of Garda Síochána (Complaints) Act 1986.
##### 45. **Amendment of Garda Síochána (Complaints) Act 1986.**
**45**.— (1) Paragraph 2 of the First Schedule to the Garda Síochána (Complaints) Act 1986 is amended by the insertion of the following subparagraph after subparagraph (3):
@@ -1304,7 +1272,7 @@
“(3A) Notwithstanding subparagraphs (2) and (3), the term of office of a member of the Board ceases on the commencement of Schedule 1 to the Garda Síochána Act 2005 in so far as that Schedule relates to the repeal of this Act.”.
##### 46. Amendment of Act of 2006.
##### 46. **Amendment of Act of 2006.**
**46**.— The Act of 2006 is amended by the substitution of the following sections for section 183:
@@ -1330,15 +1298,15 @@
(5) In this section—
‘ article ’ means a substance, document or thing;
‘ document ’ includes—
‘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.
‘information in non-legible form’ includes information on microfilm, magnetic tape or disk.
Possession of monies intended for use in connection with certain offences.
@@ -1366,9 +1334,9 @@
(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.”.
##### 47. Amendment of section 15 of Criminal Justice (Theft and Fraud Offences) Act 2001.
‘monies’ means coins and notes in any currency, bank drafts, postal orders, certificates of deposit and any other similar instruments easily convertible into money.”.
##### 47. **Amendment of section 15 of Criminal Justice (Theft and Fraud Offences) Act 2001.**
**47**.— The Criminal Justice (Theft and Fraud Offences) Act 2001 is amended—
@@ -1388,7 +1356,7 @@
(*b*) in section 19(2), by the substitution of “€5,000” for “£1,500”.
##### 48. Amendment of Act of 1984.
##### 48. **Amendment of Act of 1984.**
**48**.— The Act of 1984 is amended—
@@ -1436,7 +1404,7 @@
(*c*) in section 15(2), by the substitution of “€5,000” for “€2,500”.
##### 49. Destruction of records.
##### 49. **Destruction of records.**
**49**.— The Act of 1984 is amended by the substitution of the following section for section 8:
@@ -1512,13 +1480,13 @@
(15) In this section—
‘ Act of 2006 ’ means Criminal Justice Act 2006;
‘ Commissioner ’ means the Commissioner of the Garda Síochána;
‘ records ’ means a photograph (including a negative), fingerprints and palm prints taken in pursuance of the powers conferred by section 6 or 6A of this Act or section 12 of the Act of 2006 and every copy and related record thereof.”.
##### 50. Powers of detention for specified offences.
‘Act of 2006’ means Criminal Justice Act 2006;
‘Commissioner’ means the Commissioner of the Garda Síochána;
‘records’ means a photograph (including a negative), fingerprints and palm prints taken in pursuance of the powers conferred by section 6 or 6A of this Act or section 12 of the Act of 2006 and every copy and related record thereof.”.
##### 50. **Powers of detention for specified offences.**
**50**.— (1) This section applies to—
@@ -1526,9 +1494,13 @@
(*b*) murder to which section 3 of the Criminal Justice Act 1990 applies,
(*c*) an offence under section 15 of the Act of 1925, or
(*d*) an offence under section 15 of the Non-Fatal Offences against the Person Act 1997 involving the use of a firearm.
(*c*) an offence under section 15 of the F15[Act of 1925,]
(*d*) an offence under section 15 of the Non-Fatal Offences against the Person Act 1997 involving F16[the use of a firearm,]
F17[(*e*) an offence under Part 7 of theF16[Criminal Justice Act 2006, or]]
F18[(*f*) the offence of conspiracy to murder under section 4 of the Act of 1861.]
(2) Where a member of the Garda Síochána arrests without warrant, whether in a Garda Síochána station or elsewhere, a person (in this section referred to as “the arrested person”) whom he or she, with reasonable cause, suspects of having committed an offence to which this section applies, the arrested person—
@@ -1564,6 +1536,62 @@
(4) On an application pursuant to *subsection (3)* the person to whom the application relates shall be produced before the judge concerned and the judge shall hear any submissions made and consider any evidence adduced by or on behalf of the person and the member of the Garda Síochána making the application.
F17[(4A) (*a*) Without prejudice to*paragraph (b)*, where a judge hearing an application under*subsection (3)*is satisfied, in order to avoid a risk of prejudice to the investigation concerned, that it is desirable to do so, he or she may—
(i) direct that the application be heard otherwise than in public, or
(ii) exclude from the Court during the hearing all persons except officers of the Court, persons directly concerned in the proceedings,*bona fide*representatives of the Press and such other persons as the Court may permit to remain.
(*b*) On the hearing of an application under*subsection (3)*, the judge may, of his or her own motion or on application by the member of the Garda Síochána making the application under*subsection (3)*, where it appears that—
(i) particular evidence to be given by any member of the Garda Síochána during the hearing (including evidence by way of answer to a question asked of the member in cross-examination) concerns steps that have been, or may be, taken in the course of any inquiry or investigation being conducted by the Garda Síochána with respect to the suspected involvement of the person to whom the application relates, or any other person, in the commission of the offence to which the detention relates or any other offence, and
(ii) the nature of those steps is such that the giving of that evidence concerning them could prejudice, in a material respect, the proper conducting of any foregoing inquiry or investigation,
direct that, in the public interest, the particular evidence shall be given in the absence of every person, including the person to whom the application relates and any legal representative (whether of that person or the applicant), other than—
(I) the member or members whose attendance is necessary for the purpose of giving the evidence to the judge; and
(II) if the judge deems it appropriate, such one or more of the clerks or registrars of the Court as the judge determines.
(*c*) If, having heard such evidence given in that manner, the judge considers the disclosure of the matters to which that evidence relates would not have the effect referred to in*paragraph (b)(ii)*, the judge shall direct the evidence to be re-given in the presence of all the other persons (or, as the case may be, those of them not otherwise excluded from the Court under*paragraph (a)*).
(*d*) No person shall publish or broadcast or cause to be published or broadcast any information about an application under this section other than a statement of—
(i) the fact that the application has been brought by a named person in relation to a particular investigation, and
(ii) any decision resulting from the application.
(*e*) If any matter is published or broadcast in contravention of*paragraph (d)*, the following persons, namely—
(i) in the case of a publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,
(ii) in the case of any other publication, the person who publishes it, and
(iii) in the case of a broadcast, any person who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of the editor of a newspaper,
shall be guilty of an offence and shall be liable—
(I) on summary conviction to a fine not exceeding€5,000 or imprisonment for a term not exceeding 12 months or both, or
(II) on conviction on indictment, to a fine not exceeding€50,000 or imprisonment for a term not exceeding 3 years or both.
(*f*) Where an offence under this subsection has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(*g*) Where the affairs of a body corporate are managed by its members, paragraph (*f*) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.
(*h*) In this subsection—
"broadcast" means the transmission, relaying or distribution by wireless telegraphy, cable or the internet of communications, sounds, signs, visual images or signals, intended for direct reception by the general public whether such communications, sounds, signs, visual images or signals are actually received or not;
"publish" means publish, other than by way of broadcast, to the public or a portion of the public.]
F17[(4B) Save where any rule of law requires such an issue to be determined by the Court, in an application under*subsection (3)*no issue as to the lawfulness of the arrest or detention of the person to whom the application relates may be raised.
(4C) (*a*) In an application under*subsection (3)*it shall not be necessary for a member of the Garda Síochána, other than the member making the application, to give oral evidence for the purposes of the application and the latter member may testify in relation to any matter within the knowledge of another member of the Garda Síochána that is relevant to the application notwithstanding that it is not within the personal knowledge of the member.
(*b*) However, the Court hearing such an application may, if it considers it to be in the interests of justice to do so, direct that another member of the Garda Síochána give oral evidence and the Court may adjourn the hearing of the application for the purpose of receiving such evidence.]
(5) When issuing a warrant pursuant to *subsection (3)* the judge concerned may order that the person concerned be brought before a judge of the Circuit Court or District Court at a specified time or times during the period of detention specified in the warrant and if, upon the person’s being so brought before such a judge, he or she is not satisfied that the person’s detention is justified, the judge shall revoke the warrant and order the immediate release from custody of the person.
(6) If at any time during the detention of a person pursuant to this section there are no longer reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence to which the detention relates, he or she shall, subject to *subsection (7)*, be released from custody forthwith unless he or she is charged or caused to be charged with an offence and is brought before a court as soon as may be in connection with such charge or his or her detention is authorised apart from this Act.
@@ -1572,25 +1600,35 @@
(8) A person shall not be detained pursuant to this section for more than 168 hours from the time of his or her arrest, not including any period which is to be excluded under subsection (8) or (8A) of section 4 of the Act of 1984 (as applied by *section 52*) in reckoning a period of detention.
(9) Notwithstanding *subsections (3)* and *(8)*, if—
(*a*) an application is made under *subsection (3)* for a warrant authorising the detention for a further period of a person detained under that subsection, and
(*b*) the period of detention pursuant to that subsection has not expired at the commencement of the hearing of the application but would, but for this paragraph, expire during the hearing,
it shall be deemed not to expire until the determination of the application.
(10) Nothing in this section shall affect the operation of section 30of the Offences Against the State Act 1939, section 4 of the Act of 1984 or section 2 of the Criminal Justice (Drug Trafficking) Act 1996.
##### 51. Rearrest.
**51**.— (1) Where a person is detained pursuant to *section 50* and is released without any charge having been made against him or her, he or she shall not—
F15[(9) Notwithstanding*subsections (3)*and*(8)*, if—
(*a*) an application is to be made, or is made, under*subsection (3)*for a warrant authorising the detention for a further period of a person detained under that subsection, and
(*b*) the period of detention under that subsection has not expired at the time of the arrival of the person concerned at the court house for the purposes of the hearing of the application but would, but for this subsection, expire before, or during the hearing (including, if such should occur, any adjournment of the hearing),
it shall be deemed not to expire until the final determination of the application; and, for purposes of this subsection—
(i) a certificate signed by the court clerk or registrar in attendance at the court house concerned stating the time of the arrival of the person concerned at that court house shall be evidence, until the contrary is shown, of the time of that person’s arrival there;
(ii) "court house" includes any venue at which the hearing of the application takes place.]
(10) Nothing in this section shall affect the operation of section 30 of the Offences Against the State Act 1939, section 4 of the Act of 1984 or section 2 of the Criminal Justice (Drug Trafficking) Act 1996.
##### 51. **Rearrest.**
**51**.— F19[(1) Where a person arrested on suspicion of having committed an offence is detained pursuant to*section 50*and is released without any charge having been made against him or her, he or she shall not—
(*a*) be arrested again in connection with the offence to which the detention related, or
(*b*) be arrested for any other offence which, at the time of the first arrest, the member of the Garda Síochána by whom he or she was arrested suspected, or ought reasonably to have suspected, him or her of having committed,
except under the authority of a warrant issued by a judge of the Circuit Court or District Court who is satisfied on information supplied on oath by a member of the Garda Síochána not below the rank of superintendent that further information has come to the knowledge of the Garda Síochána since the person’s release as to his or her suspected participation in the offence for which his or her arrest is sought.
(*b*) be arrested for any other offence of which, at the time of the first arrest, the member of the Garda Síochána by whom he or she was arrested suspected, or ought reasonably to have suspected him or her, of having committed,
except on the authority of a warrant issued by a judge of the Circuit Court or 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:
(i) further information has come to the knowledge of the Garda Síochána since the person’s release as to his or her suspected participation in the offence for which his or her arrest is sought,
(ii) notwithstanding that the Garda Síochána had knowledge, prior to the person’s release, of the person’s suspected participation in the offence for which his or her arrest is sought, the questioning of the person in relation to that offence, prior to his or her release would not have been in the interests of the proper investigation of the offence.
(1A) An application for a warrant under this section shall be heard otherwise than in public.]
(2) When issuing a warrant under *subsection (1)*, the judge concerned may order that the person concerned be brought before a judge of the Circuit Court or District Court on arrest or at any specified time or times during the period of detention authorised by *section 50* as applied by *subsection (3)* and if, upon the person’s being so brought before such a judge, he or she is not satisfied that the person’s detention is justified, the judge shall revoke the warrant and order the immediate release from custody of the person.
@@ -1616,11 +1654,17 @@
(*b*) in connection with an offence to which *section 50* relates and which, at the time of the first arrest, the member of the Garda Síochána by whom he or she was arrested, suspected, or ought reasonably to have suspected, him or her of having committed.
##### 52. Application of certain provisions of Act of 1984.
**52**.— Sections 4(4), 4(7), 4(8), 4(8A), 4(11), 5, 6(1) to (4), 6A, 8, 18, 19 and 19A of the Act of 1984 shall apply with any necessary modifications in relation to persons detained under *section 50* as they apply to persons detained under section 4 of that Act.
##### 53. Amendment of Criminal Justice (Forensic Evidence) Act 1990.
##### 52. **Application of certain provisions of Act of 1984.**
**52**.—F20[(1) Sections 5, 6A, 18, 19 and 19A, subsections (4), (7), (8), (8A), (8B) and (11) of section 4 and subsections (1) to (4) of section 6 of the Act of 1984] shall apply with any necessary modifications in relation to persons detained under *section 50* as they apply to persons detained under section 4 of that Act.
F21[(2) Sections 8 to 8I of the Act of 1984 shall, with the following and any other necessary modifications, apply to fingerprints, palm prints and photographs taken from or of a person detained under*section 50*as they apply to fingerprints, palm prints and photographs taken from or of a person detained under section 4 of the Act of 1984:
(*a*) references to an offence to which section 4 of the Act of 1984 applies shall be construed as references to an offence to which section 4 of the Act of 1984 applies or an offence to which*section 50*applies; and
(*b*) references to the detention of the person under section 4 of the Act of 1984 shall be construed as references to the detention of the person under*section 50*.]
##### 53. **Amendment of Criminal Justice (Forensic Evidence) Act 1990.**
**53**.— The Criminal Justice (Forensic Evidence) Act 1990 is amended—
@@ -1634,7 +1678,7 @@
(*b*) in section 4(2), by the substitution of “section 2 of the Criminal Justice (Drug Trafficking) Act 1996 or *section 50* of the *Criminal Justice Act 2007*,” for “or section 2 of the Criminal Justice (Drug Trafficking) Act, 1996,”.
##### 54. Amendment of section 5 of Criminal Justice (Drug Trafficking) Act 1996.
##### 54. **Amendment of section 5 of Criminal Justice (Drug Trafficking) Act 1996.**
**54**.— Section 5 of the Criminal Justice (Drug Trafficking) Act 1996 is amended by—
@@ -1642,15 +1686,15 @@
(*b*) the substitution of “, 6A, 8, 18, 19 and 19A” for “and 8”.
##### 55. Amendment of section 9 of Act of 1984.
**55**.— Section 9of the Act of 1984 is amended by—
##### 55. **Amendment of section 9 of Act of 1984.**
**55**.— Section 9 of the Act of 1984 is amended by—
(*a*) the insertion of “4(8A),” after “4(8),”, and
(*b*) the substitution of “, 6(3), 6A, 18, 19 and 19A” for “and 6(3)”.
##### 56. Copy of recording of questioning by Garda Síochána to be given to accused.
##### 56. **Copy of recording of questioning by Garda Síochána to be given to accused.**
**56**.— (1) Where a person is before a court charged with an offence, a copy of any recording of the questioning of the person by a member of the Garda Síochána while he or she was detained in a Garda Síochána station, or such questioning elsewhere, in connection with the investigation of the offence shall be given to the person or his or her legal representative only if the court so directs and subject to such conditions (if any) as the court may specify.
@@ -1658,7 +1702,7 @@
(3) In this section—
“ recording ” means a recording on tape of—
“recording” means a recording on tape of—
(*a*) an oral communication, statement or utterance, or
@@ -1666,13 +1710,13 @@
or both;
“ tape ” includes—
“tape” includes—
(*a*) a disc, magnetic tape, soundtrack or other device in which sounds or signals may be embodied for the purpose of being reproduced (with or without the aid of some other instrument) in audible form, and
(*b*) a film, disc, magnetic tape or other device in which visual images may be embodied for the purpose of being reproduced (with or without the aid of some other instrument) in visual form.
##### 57. Admission in evidence of recording of questioning of accused by Garda Síochána.
##### 57. **Admission in evidence of recording of questioning of accused by Garda Síochána.**
**57**.— (1) A court may admit in evidence at the trial of a person in respect of an offence—
@@ -1692,7 +1736,7 @@
(3) This section shall not affect the admissibility in evidence at the trial of a person in respect of an offence of any statement that is recorded in writing made by the person during questioning by a member of the Garda Síochána at a Garda Síochána station or elsewhere in connection with the investigation of the offence (whether or not that statement is signed by the person) and irrespective of whether the making of that statement is recorded by electronic or similar means.
##### 58. Amendment of section 8 of Criminal Assets Bureau Act 1996.
##### 58. **Amendment of section 8 of Criminal Assets Bureau Act 1996.**
**58**.— Section 8 of the Criminal Assets Bureau Act 1996 is amended—
@@ -1712,7 +1756,7 @@
(6C) An act committed or omission made by a bureau officer who attends at, and participates in, the questioning of a person in accordance with subsection (6A) which, if committed or made by a member of the Garda Síochána, would be a contravention of any regulation made under the said section 7 shall not of itself render the bureau officer liable to any criminal or civil proceedings or of itself affect the lawfulness of the custody of the detained person or the admissibility in evidence of any statement made by him or her.”.
##### 59. Amendment of section 29 of Courts of Justice Act 1924.
##### 59. **Amendment of section 29 of Courts of Justice Act 1924.**
**59**.— Section 29 of the Courts of Justice Act 1924 is amended—
@@ -1728,7 +1772,7 @@
“(9A) This section shall not affect the operation of section 3 of the Criminal Justice Act 1993.”.
##### 60. Amendment of section 99 of Act of 2006.
##### 60. **Amendment of section 99 of Act of 2006.**
**60**.— Section 99 of the Act of 2006 is amended—
@@ -1750,73 +1794,3 @@
“(20) Where a court imposes a sentence of a term of imprisonment that is to run consecutively to a sentence of a term of imprisonment the operation of a part of which is suspended, the first-mentioned sentence shall commence at the expiration of the part of the second-mentioned sentence the operation of which is not suspended.”.
## SCHEDULE 1 Enactments Repealed
| Number and Year (1) | Short Title (2) | Extent of Repeal (3) |
| --- | --- | --- |
| No. 29 of 1996 | Criminal Justice (Drug Trafficking) Act 1996 | Section 7. |
| No. 39 of 1998 | Offences Against the State (Amendment) Act 1998 | Section 5. |
## SCHEDULE 2 Offences for the purposes of Part 3
*Common Law Offences*
1. Murder.
*Non-fatal offences against the person*
2. An offence under any of the following provisions of the Non-Fatal Offences Against the Person Act 1997:
(*a*) section 4 (causing serious harm);
(*b*) section 5 (threats to kill or cause serious harm);
(*c*) section 15 (false imprisonment).
*Explosives offences*
3. An offence under any of the following provisions of the Explosive Substances Act 1883:
(*a*) section 2 (causing explosion likely to endanger life or damage property);
(*b*) section 3 (possession, etc., of explosive substances);
(*c*) section 4 (making or possessing explosives in suspicious circumstances).
*Firearms offences*
4. An offence under section 15 (possession of firearm with intent to endanger life) of the Act of 1925.
5. An offence under any of the following provisions of the Act of 1964:
(*a*) section 26 (possession of firearms while taking vehicle without authority);
(*b*) section 27 (prohibition of use of firearms to assist or aid escape);
(*c*) section 27A(possession of firearm or ammunition in suspicious circumstances);
(*d*) section 27B (carrying firearm with criminal intent).
6. An offence under section 12A (shortening barrel of shotgun or rifle) of the Act of 1990.
*Aggravated burglary*
7. An offence under section 13 (aggravated burglary) of the Criminal Justice (Theft and Fraud Offences) Act 2001.
*Drug trafficking offences*
8. A drug trafficking offence within the meaning of section 3(1) of the Criminal Justice Act 1994.
*Organised crime*
9. An offence under any of the following provisions of the Act of 2006:
(*a*) section 71 (offence of conspiracy);
(*b*) section 72 (organised crime);
(*c*) section 73 (commission of offence for criminal organisation).
*Blackmail, extortion and demanding money with menaces*
10. An offence under section 17 (blackmail, extortion and demanding money with menaces) of the Criminal Justice (Public Order) Act 1994.
2007-05-09
Criminal Justice Act 2007
original version
Text at this date