Criminal Justice (Mutual Assistance) Act 2008

94E.— (1) A special intervention unit formed under section 94B shall be established for a specific purpose and a limited period of time which may be extended, if the circumstances so require, for such period or periods as may be agreed by the competent authority and the other competent authority concerned.

• (2) Notwithstanding subsection (1), the competent authority may terminate the provision of assistance when—

• (a) the purpose for which the assistance was agreed has been served, or

• (b) no further benefit is likely to accrue from the continued operation of the special intervention unit.

• (3) Subject to subsection (1), a special intervention unit may operate in the State or in a member state, as the case may be, for so long as it is necessary to do so for the purpose of dealing with the crisis situation for which the unit was established.

• (4) A special intervention unit operating in the State shall do so in a supporting capacity to the law enforcement authorities of the State and shall operate—

• (a) under the responsibility, authority and direction of the Garda Commissioner,

• (b) in accordance with the law of the State, and

• (c) within the limits of the powers conferred on the unit under the national law of the member state concerned.]

F111[PART 7B Assistance in Criminal Matters between State and EPPO

Chapter 1 General]

94F. F112[Application of Part

94F.—(1) This Part shall apply to the provision of assistance in criminal matters between the State and EPPO.

• (2) This Part shall apply to EPPO requests whether made before, on or after the coming into operation of section 52 of the Criminal Justice (Miscellaneous Provisions) Act 2023.

• (3) Where, before the coming into operation of section 52 of the Criminal Justice (Miscellaneous Provisions) Act 2023, EPPO has sought assistance from the State, the seeking of such assistance shall, for the purposes of this Part, be deemed—

• (a) to be an EPPO request,

• (b) to have been made in accordance with this Act, and

• (c) subject to subsection (4), to have been received by the State on the coming into operation of that section.

• (3) Where assistance referred to in subsection (3) involves—

• (a) the notification of the Minister as referred to in subsection (1)(d) of section 27, subsection (2) of that section shall apply as if "and at the latest within a period specified in subsection (7)," was deleted, and

• (b) an external freezing order, section 35(3) shall apply as if "and, whenever practicable, within 24 hours of receipt of the order and a duly completed certificate" was deleted.]

94G. F113[Cooperation with EPPO

94G.—(1) The State shall cooperate with EPPO in respect of EPPO requests.

• (2) An EPPO request and a request to EPPO by the State may be made under this Act, notwithstanding that such requests are not made in accordance with the provisions of an international instrument.

• (3) Where the State has received a request in accordance with a relevant international instrument from a member state that is a relevant EPPO member state, the Minister may, notwithstanding the purposes permitted by the relevant international instrument, permit the evidence and information obtained in the State in compliance with the request, to be shared by the member state with EPPO.

• (4) Where the State has received a request referred to in subsection (3), assistance shall not be refused solely on the ground that evidence or information regarding the request is to be provided by the State to EPPO.]

94H. F114[Modification of references for purposes of Part (general)

94H.—For the purposes of this Part a reference in this Act—

• (a) to a member state shall, subject to paragraph (b), unless the context otherwise requires, be construed as a reference to a relevant EPPO member state,

• (b) to a request from a member state shall be construed as a reference to an EPPO request,

• (c) to an assurance by a requesting authority shall, subject to section 94AG and paragraph (c) of section 94AQ, be construed as a reference to an assurance by—

• (i) EPPO, or

• (ii) the relevant EPPO member state in which EPPO is conducting a criminal investigation or criminal proceedings that are the subject of an EPPO request,

• (d) to an order, an interception order, a warrant or a document being issued, or made, by EPPO shall be construed as including a reference to an order, an interception order, a warrant or a document, as the case may be, being issued, or made, by the relevant EPPO member state on the request of EPPO, and,

• (e) to the law of the designated state shall—

• (i) in section 15(2)(c)(iv), be construed as a reference to the law of the relevant EPPO member state,

• (ii) in section 17(3)(a), be construed as a reference to the law of the relevant EPPO member state, and

• (iii) in section 66(5), be construed as a reference to the law of the relevant EPPO member state.]

F115[Chapter 2 Modification of Part 1 for purposes of Part]

94I. F116[Application of section 2 for purposes of Part

94I.—For the purposes of this Part, section 2(1) shall apply subject to the following and any other necessary modifications:

• (a) in the definition of "criminal conduct", paragraph (b) shall be construed as if the following paragraph were substituted for that paragraph:

• "(b) which occurs in a state (other than the State) and would, if it occurred in the State, constitute an offence;",

• (b) in the definition of "criminal investigation", paragraph (a) shall be construed as if the following paragraph were substituted for that paragraph:

• "(a) means an investigation conducted by EPPO, and",

• (c) the definition of "criminal proceedings" shall apply as if paragraph (d) was deleted,

• (d) in the definition of "offence"—

• (i) paragraph (a) shall be construed as if the following paragraph were substituted for that paragraph:

• "(a) means an offence in respect of which an EPPO request may be made,",

and

• (ii) in paragraph (b), as if "if or to the extent that the relevant international instrument or the law of the designated state concerned provides for mutual assistance in respect of such an offence," was deleted,

and

• (e) in the definition of "requesting authority"—

• (i) paragraph (a) shall be construed as if the following paragraph were substituted for that paragraph:

• "(a) EPPO, or",

and

• (ii) in paragraph (b), the reference to any other authority in that state shall be construed as a reference to any person.]

94J. F117[Application of section 3 for purposes of Part

94J.—For the purposes of this Part, section 3 shall apply subject to the following and any other necessary modifications—

• (a) as if paragraph (c) of subsection (1) was deleted, and

• (b) a reference in subsection (1) to specified in the relevant international instrument shall be construed as a reference to specified in or under this Act.]

94K. F118[Application of section 6 for purposes of Part

94K.—For the purposes of this Part, section 6 shall be construed as if the following section were substituted for that section:

"6. (1) Subject to the provisions of this Act concerning particular requests and such matters as may be provided for in Part 7B Regulations (if any), an EPPO request shall—

• (a) be addressed to the Central Authority,

• (b) be in writing or in any form capable of producing a written record under conditions allowing its authenticity to be established, and

• (c) if not in the Irish, or English, language, be accompanied by a translation into either of those languages.

• (2) The Minister may—

• (a) accept an EPPO request and any supporting or related documents as evidence of the matters mentioned in them unless he or she has information to the contrary,

• (b) seek such additional information from EPPO as may be necessary to enable a decision to be taken on an EPPO request, and

• (c) accept a request from EPPO and treat the request as an EPPO request notwithstanding that the request is expressed as a request made in accordance with a relevant international instrument.

• (3) Action on an EPPO request may be postponed by the Minister if the action would prejudice criminal proceedings or a criminal investigation.

• (5) Reasons shall be given for any such refusal or postponement.

• (6) The Minister shall inform EPPO of any circumstances that make it impossible to comply with an EPPO request or are likely to significantly delay compliance.".]

94L. F119[Application of section 7 for purposes of Part

94L.—For the purposes of this Part, section 7 shall apply subject to the modification (and any other necessary modifications) that a reference in that section to the designated state concerned or the designated state shall be construed as a reference to EPPO.]

94M. F120[Application of section 8 for purposes of Part

94M.—For the purposes of this Part, section 8 shall apply subject to the modification that the reference in subsection (2) to the function of co-operating, in accordance with the relevant international instrument, with corresponding persons or bodies in designated states shall be construed as including a reference to co-operating with EPPO as referred to in section 94G(1).]

94N. F121[Application of section 9 for purposes of Part

94N.—For the purposes of this Part, section 9 shall apply subject to the following and any other necessary modifications—

• (a) a reference to—

• (i) a competent authority, and

• (ii) a competent authority in a designated state,

shall be construed as a reference to EPPO,

• (b) in subsection (1), as if "in accordance with the relevant international instrument and" was deleted,

• (c) as if subsections (3) and (5) were deleted, and

• (d) in subsection (4), as if the "pursuant to the relevant international instrument" was deleted.]

F122[Chapter 3 Modification of Part 2 for purposes of Part]

94O. F123[Application of section 14 for purposes of Part

94O.—For the purposes of this Part, section 14 shall apply subject to the following and any other necessary modifications—

• (a) in subsection (1), the reference to a competent authority in that state shall be construed as a reference to EPPO,

• (b) in subsection (2), the reference to a competent authority in a designated state shall be construed as a reference to EPPO,

• (c) in subsection (4), a reference—

• (i) to the competent authority shall be construed as a reference to EPPO, and

• (ii) to the relevant international instrument shall be construed as a reference to EPPO,

and

• (d) in subsection (5), the reference to—

• (i) the competent authority, and

• (ii) the authority,

shall be construed as a reference to EPPO.]

94P. F124[Application of section 17 for purposes of Part

94P. For the purposes of this Part, section 17 shall apply (subject to the modification in section 94H(e)(ii) and any other necessary modifications) as if subsection (3)(c) was deleted.]

94Q. F125[Application of section 20 for purposes of Part

94Q.—For the purposes of this Part, section 20 shall apply subject to the modification (and any other necessary modifications) that the reference in subsection (2) to the competent authority in the designated state concerned shall be construed as a reference to EPPO.]

F126[Chapter 4 Modification of Part 3 for purposes of Part]

94R. F127[Application of section 24 for purposes of Part

94R.—For the purposes of this Part, section 24 shall apply subject to the following and any other necessary modifications—

• (a) in subsection (1)—

• (i) in paragraph (b), the reference to issued in the member state shall be construed as a reference to issued by EPPO, and

• (ii) in paragraph (c), a reference to a competent authority in a member state shall be construed as a reference to EPPO,

• (b) in subsection (1)(d)(i), the reference to the competent authority in the former member state shall be construed as a reference to EPPO, and

• (c) in subsection (2)—

• (i) as if paragraph (a) was deleted, and

• (ii) in paragraph (g), as if "pursuant to Article 20(2)(a) of the 2000 Convention" was deleted.]

94S. F128[Application of section 25 for purposes of Part

94S.—For the purposes of this Part, section 25 shall apply subject to the following and any other necessary modifications—

• (a) in subsection (2)(b)(ii), the reference to the member state shall be construed as a reference to EPPO,

• (b) in subsection (3)(a), the reference to the requesting state shall be construed as a reference to the relevant EPPO member state,

• (c) in subsection (6), a reference to a competent authority in the member state shall be construed as a reference to EPPO, and

• (d) as if the following subsection were substituted for subsection (7):

• "(7) In considering a request for a transcript of a recording to which this section applies, the Minister shall have regard to all the circumstances of the particular case, and may make the granting of such a request subject to any condition to which authorisation of the interception may be subject.".]

94T. F129[Application of section 27 for purposes of Part

94T.—For the purposes of this Part, section 27 shall apply subject to the following and any other necessary modifications—

• (a) a reference to—

• (i) a competent authority, and

• (ii) a competent authority in a member state,

shall be construed as a reference to EPPO, and

• (b) in subsection (1), as if the following paragraph were substituted for paragraph (d):

• "(d) EPPO notifies the Minister accordingly.".]

94U. F130[Application of section 28 for purposes of Part

94U.—For the purposes of this Part, section 28 shall apply subject to the modification (and any other necessary modifications) that the reference in subsection (3)(b) to issued in the member state shall be construed as a reference to issued by EPPO.]

F131[Chapter 5 Modification of Part 4 for purposes of Part]

94V. F132[Modification of reference to competent authority

94V.—For the purposes of this Part, a reference in Part 4 to—

• (a) a competent authority in a designated state shall be construed as if "in a designated state" was deleted, and

• (b) a competent judicial authority in the designated state, shall be construed as a reference to EPPO.]

94W. F133[Application of section 31 for purposes of Part

94W.—For the purposes of this Part, section 31 shall apply subject to the following and any other necessary modifications:

• (a) as if the following were substituted for the definition of "competent authority":

""competent authority" means EPPO;",

• (b) in the definition of "external freezing order", as if the following paragraph were substituted for paragraph (a):

• "(a) taken provisionally by EPPO in criminal proceedings to prevent the destruction, transformation, moving, transfer, disposal or use of specified property in the State that could be subject to confiscation or be evidence in those proceedings, and",

and

• (c) as if the following were substituted for the definition of "issuing state":

""issuing state" means EPPO;".]

94X. F134[Application of section 34 for purposes of Part

94X.—For the purposes of this Part, section 34 shall apply subject to the following and any other necessary modifications:

• (a) subsection (1) shall be construed as if the following were substituted for that subsection:

"1) A request from EPPO for the enforcement of an external freezing order shall be accompanied by—

• (a) a duly certified copy of the order, and

• (b) a statement of the grounds for the making of the order.",

• (b) as if subsection (2) was deleted,

• (c) subsection (3) shall apply as if the reference therein to subsection (2) was deleted,

• (d) in subsection (4), the reference to an issuing judicial authority shall be construed as a reference to EPPO, and

• (e) in subsection (5), the reference to—

• (i) the issuing judicial authority, and

• (ii) that judicial authority,

shall be construed as a reference to EPPO.]

94Y. F135[Application of section 35 for purposes of Part

94Y.—For the purposes of this Part, section 35 shall apply subject to the following and any other necessary modifications:

• (a) in subsection (2), as if "and, in the case of a designated state (other than a member state), shall be made with the consent of the Minister" was deleted,

• (b) in subsection (3), the reference to a member state shall be construed as reference to EPPO,

• (c) as if subsection (6) was deleted, and

• (d) in subsection (7)(c), the reference to the issuing judicial authority shall be construed as a reference to EPPO.]

94Z. F136[Application of section 42 for purposes of Part

94Z.—For the purposes of this Part, section 42(2) shall apply subject to the following and any other necessary modifications:

• (a) as if "subject to any provision to the contrary in the relevant international instrument," was deleted, and

• (b) the reference to the designated state concerned shall be construed as a reference to EPPO.]

94AA. F137[Application of section 45 for purposes of Part

94AA.—For the purposes of this Part, section 45(5) shall apply subject to the modification (and any other modifications) that the reference to the issuing judicial authority shall be construed as a reference to EPPO.]

94AB. F138[Application of section 46 for purposes of Part

94AB.—For the purposes of this Part, section 46 shall apply subject to the following and any other necessary modifications:

• (a) in subsection (1)—

• (i) as if paragraphs (a) and (b) were deleted, and

• (ii) in paragraph (d), as if "in a certificate" was deleted,

• (b) as if subsection (2) was deleted, and

• (c) in subsection (3)—

• (i) the reference to—

• (I) the issuing judicial authority concerned, and

• (II) the judicial authority,

shall be construed as a reference to EPPO, and

• (ii) in subparagraph (i), as if "in the certificate" was deleted.]

94AC. F139[Application of section 47 for purposes of Part

94AC.— For the purposes of this Part, section 47(4) shall apply subject to the modification (and any other modifications) that the reference to the issuing judicial authority shall be construed as a reference to EPPO.]

F140[Chapter 6 Modification of Part 5 for purposes of Part]

94AD. F141[Application of section 62 for purposes of Part

94AD.—For the purposes of this Part, section 62 shall apply subject to the following and any other necessary modifications—

• (a) the definition of "appropriate authority" shall be construed as including the following paragraph after paragraph (a):

• "(ab) EPPO, or",

and

• (b) subsection (6) shall be construed as if "permitted by the relevant international instrument or" was deleted.]

94AE. F142[Application of section 63 for purposes of Part

94AE.—For the purposes of this Part, section 63(3) shall apply as if (and with any other necessary modifications) "permitted by the relevant international instrument or" was deleted.]

94AF. F143[Application of section 64 for purposes of Part

94AF.—For the purposes of this Part, section 64(3) shall apply subject to the modification (and any other necessary modifications) that the reference to a court in the state concerned shall be construed as a reference to a court in the relevant EPPO member state.]

94AG. F144[Application of section 66 for purposes of Part

94AG.—For the purposes of this Part, section 66(5) shall apply subject to the modification (and any other necessary modifications) that the reference to an assurance by a requesting authority shall be construed as a reference to an assurance by the relevant EPPO member state in which EPPO is conducting a criminal investigation or criminal proceedings that are the subject of an EPPO request.]

94AH. F145[Application of section 67 for purposes of Part

94AH.—For the purposes of this Part, section 67 shall apply as if subsection (10) was deleted and subject to any other necessary modifications.]

94AI. F146[Application of section 70 for purposes of Part

94AI.—For the purposes of this Part, section 70 shall apply subject to the following and any other necessary modifications—

• (a) in subsection (3), the reference to the requesting state shall be construed as a reference to the relevant EPPO member state, and

• (b) in subsection (6), the reference to a judge of the designated state shall be construed as a reference to a judge of the relevant EPPO member state.]

94AJ. F147[Application of section 73 for purposes of Part

94AJ.—For the purposes of this Part, section 73 shall apply subject to the following and any other necessary modifications—

• (a) the definition of "appropriate authority" shall be construed as including the following paragraph after paragraph (a):

• "(ab) EPPO, or",

• (b) in subsection (1), as if ", in accordance with the relevant international instrument," was deleted, and

• (c) in subsection (6), as if "permitted by the relevant international instrument or" was deleted.]

94AK. F148[Application of section 74 for purposes of Part

94AK.—For the purposes of this Part, section 74 shall apply subject to the following and any other necessary modifications—

• (a) as if subsection (3) was deleted, and

• (b) in subsection (5)(a), as if "permitted by the relevant international instrument or" was deleted.]

94AL. F149[Application of section 75 for purposes of Part

94AL.—For the purposes of this Part, section 75 shall apply subject to the following and any other necessary modifications—

• (a) as if subsection (3) was deleted,

• (b) in subsection (4), a reference to that state shall be construed as a reference to the relevant EPPO member state, and

• (c) in subsection (6)(a), as if "permitted by the relevant international instrument or" was deleted.]

94AM. F150[Application of section 78 for purposes of Part

94AM.—For the purposes of this Part, section 78 shall apply subject to the following (and any other necessary) modification, as if the following paragraph were substituted for paragraph (e) of subsection (1):

• "(e) in the case of an EPPO request for the DNA profile of a person who is suspected of having committed the offence concerned whose DNA profile is not in the possession of the Garda Síochána—

• (i) a warrant or order issued by EPPO or by an appropriate authority in the relevant EPPO member state on the request of EPPO requiring a person to have identification evidence, other than fingerprints, palm prints or photographs, taken from him or her for the purposes of a criminal investigation, or criminal proceedings, in that member state, or

• (ii) a statement issued by EPPO or by an appropriate authority in the relevant EPPO member state on the request of EPPO confirming that the requirements for the taking of a DNA sample from the person under the law of the relevant EPPO member state would be complied with if the person were in that state.".]

94AN. F151[Application of section 79 for purposes of Part

94AN.—For the purposes of this Part, section 79 shall apply subject to the modification (and any other necessary modifications) that the reference in subsection (10) to the requesting state shall be construed as a reference to the relevant EPPO member state.]

94AO. F152[Application of section 79A for purposes of Part

94AO.—For the purposes of this Part, section 79A shall apply subject to the following (and any other necessary) modification, as if the following were substituted for paragraph (a) of subsection (1):

• "(a) is an EPPO request, and".]

94AP. F153[Application of section 79C for purposes of Part

94AP.—For the purposes of this Part, section 79C shall apply subject to the following and any other necessary modifications:

• (a) a reference to a request made pursuant to Article 7 of 2008 Council Decision or that Article insofar as it is applied by Article 1 of the 2009 Agreement with Iceland and Norway designated state shall be construed as a reference to an EPPO request,

• (b) in subsection (2), as if paragraph (d) was deleted, and

• (c) as if subsection (8) was deleted.]

F154[Chapter 7 Modification of Part 6 for purposes of Part]

94AQ. F155[Application of section 82 for purposes of Part

94AQ.—For the purposes of this Part, section 82 shall apply subject to the following and any other necessary modifications—

• (a) in subsection (1)(b), the reference to a prosecuting authority shall be construed as including a reference to EPPO,

• (b) a reference to issuing authority shall be construed as a reference to EPPO,

• (c) in subsections (8) and (9), the reference to that state shall be construed as a reference to the relevant EPPO member state,

• (d) in subsection (10)(a), the reference to judicial authorities shall be construed as including EPPO, and

• (e) in subsection (11)(b), the reference to law of the state where it was issued shall be construed as a reference to the law of the relevant EPPO member state.]

94AR. F156[Application of section 83 for purposes of Part

94AR.—For the purposes of this Part, section 83 shall apply subject to the modification (and any other necessary modifications) that a reference in subsection (1) to—

• (a) the appropriate authority in the designated state, and

• (b) that authority,

shall be construed as a reference to EPPO.]

94AS. F157[Application of section 88 for purposes of Part

94AS.—For the purposes of this Part, section 88 shall apply subject to the following and any other necessary modifications—

• (a) in the definition of "competent authority in a designated state", the reference to a person or body in that state appearing to the Competent Authority in the State to have the function of receiving or making the request shall be construed as reference to EPPO, and

• (b) in the definition of "controlled delivery", as if "in accordance with the relevant international instrument" was deleted.]

F158[Chapter 8 Modification of Part 8 for purposes of Part]

94AT. F159[Application of section 97 for purposes of Part

94AT.—For the purposes of this Part, section 97 shall apply subject to the following and any other necessary modifications, the reference in subsection (1) to—

• (a) the designated state concerned, and

• (b) a representative of the authority concerned in that state,

shall be construed as a reference to EPPO.]

94AU. F160[Application of section 99 for purposes of Part

94AU.—For the purposes of this Part, section 99 shall apply subject to the modification (and any other necessary modifications) that the reference to in accordance with the relevant international instrument shall be construed as a reference to with the consent of EPPO.]

94AV. F161[Application of section 102 for purposes of Part

94AV.— For the purposes of this Part, section 102 shall apply subject to the following and any other necessary modifications—

• (a) in subsection (1)(a)(ii), the reference to made or issued by a court, tribunal or authority in a designated state shall be construed as including a reference to made or issued by EPPO,

• (b) in subsection (4), the reference to certified by or on behalf of the court, tribunal or authority issuing it shall be construed as including a reference to certified by or on behalf of EPPO,

• (c) in subsection (5)—

• (i) in paragraph (a), the reference to given by or on behalf of a court, tribunal or authority in a designated state shall be construed as including a reference to given by or on behalf of EPPO,

• (ii) as if paragraph (b) was deleted, and

• (iii) the reference to such a certificate or seal shall be construed as a reference to such certificate,

and

• (d) as if subsection (6) was deleted.]

94AW. F162[Application of section 103 for purposes of Part

94AW.—For the purposes of this Part, section 103 shall apply subject to the following and any other necessary modifications—

• (a) the reference to a competent authority in that state shall be construed as a reference to EPPO,

• (b) in subsection (1)—

• (i) as if "in accordance with the relevant international instrument" was deleted, and

• (ii) as if "within the meaning of that instrument" was deleted,

and

• (c) in subsection (3), as if "having had regard to the provisions of the relevant international instrument" was deleted.]

94AX. F163[Application of section 104 for purposes of Part

94AX.—For the purposes of this Part, section 104 shall apply (subject to any other necessary modifications) as if ", and shall if so required by the relevant international instrument," in subsection (1) was deleted.]

PART 8 Miscellaneous

95. Exchange of information concerning terrorist offences between Europol, Eurojust and member states.

95.— (1) The national unit designated under the F164[Europol Act 2012] is deemed to be the specialised service within the Garda Síochána referred to in Article 2(1) of the 2005 Council Decision and has the functions assigned under that Article to such a service.

• (2) The Minister may, in accordance with Article 2(2) of the 2005 Council Decision, designate an authority or authorities as the Eurojust national correspondent for terrorism matters, and any authority so designated has the functions assigned under that Article to such a correspondent.

• F165[(3) The Minister may, in accordance with Article 20 of the 2018 Regulation, designate an authority or authorities as the Eurojust national correspondent or correspondents and, subject to subsection (4), any authority so designated has the functions assigned under that Regulation to such a correspondent.

• (4) Where the Minister designates more than one authority as a Eurojust national correspondent pursuant to subsection (3), the Minister may specify the matter or matters for which each national correspondent being designated shall have responsibility.

• (5) Where the Minister designates more than one authority as a Eurojust national correspondent pursuant to subsection (2) or (3), the Minister shall nominate one such correspondent to act as the correspondent with responsibility for the functioning of the Eurojust national coordination system in the State in accordance with Article 20(5) of the 2018 Regulation.]

95A. F166[Eurojust national member

95A.— F167[(1)] The Minister may, in accordance with the F168[2018 Regulation], designate an authority or authorities as the Eurojust national member who may transmit and receive information in accordance with F168[that Regulation].]

• F167[(2) The following persons or bodies shall, upon the request of the Eurojust national member, grant the member access to, or provide the member with the information contained in, the register or registers specified in paragraphs (a) to (k) in respect of the person or body concerned, in accordance with Article 9 of the 2018 Regulation, where such access or information is necessary for the performance by the member of the member’s functions:

• (a) the Commissioner of the Garda Síochána, in respect of registers held by the Garda Síochána relating to investigations, arrested persons and criminal records, including the Criminal Records Database and the database commonly known as PULSE;

• (b) Forensic Science Ireland of the Department of Justice and Equality, in respect of the DNA Database System;

• (c) the Director of Public Prosecutions, in respect of the case management system of the Office of the Director of Public Prosecutions;

• (d) the Courts Service, in respect of court records;

• (e) the Revenue Commissioners, in respect of the case management system of the Commissioners;

• (f) the Criminal Assets Bureau, in respect of the case management system of the Bureau;

• (g) the Central Authority, in respect of the case management system of the Authority;

• (h) the Central Authority in the State (within the meaning of section 3(1C) of the Extradition Act 1965), in respect of the case management system of the Authority;

• F169[(i) Fiosrú — Oifig an Ombudsman Póilíneachta, in respect of the case management system of the Police Ombudsman;]

• (j) the Director of Corporate Enforcement, in respect of the case management system of the Office of the Director of Corporate Enforcement;

• (k) any other public authority, in respect of a register held by the authority.

• (3) F169Section 39 of the [Policing, Security and Community Safety Act 2024] shall apply to the function of the Commissioner of the Garda Síochána under subsection (2)(a) and a reference in that section to a function under that Act or under a provision of that Act shall be construed as including a reference to the function of the Commissioner under subsection (2)(a).

• (4) Subsection (2) is without prejudice to an obligation or power to provide or request information under any other enactment or rule of law.

• (5) In this section—

"Criminal Records Database" means the database maintained by the Garda Síochána that contains a record of convictions;

"public authority" means—

• (a) a person or body established—

• (i) by or under any enactment (other than the Companies Act 2014 or a former enactment relating to companies within the meaning of section 5 of that Act) or charter,

• (ii) by any scheme administered by a Minister of the Government, or

• (iii) under the Companies Act 2014, or a former enactment relating to companies within the meaning of section 5 of that Act, in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of money provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government,

or

• (b) a company (within the meaning of Companies Act 2014), a majority of the shares in which are held by or on behalf of a Minister of the Government;

"register" has the meaning it has in the 2018 Regulation.]

96. Application and amendment of Criminal Justice (Joint Investigation Teams) Act 2004.

96.— (1) The Criminal Justice (Joint Investigation Teams) Act 2004 applies and has effect, with the necessary modifications, as if references in it to another Member State or other such States included references to a designated state or states (other than a member state or states).

• (2) Section 9 (participants in joint investigation teams) of the said Act of 2004 is amended—

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

• “(d) one or more officers designated by an authority of a designated state (other than a Member State or part of such a State) within the meaning of the Criminal Justice (Mutual Assistance) Act 2008,”

and

• (b) by the deletion of subsections (5) and (6).

97. Presence of representatives of requesting state at execution of request.

97.— (1) The Minister may, at the instance of the designated state concerned, authorise a representative of the authority concerned in that state (in this section referred to as “the representative”) to be present at the place where its request is being executed by a member or members of the Garda Síochána.

• (2) Such an authorisation may be subject to such conditions as the Minister may determine.

• (3) The presence of the representative at any such place does not require the consent of the person affected by the execution of the request.

• (4) The representative, while so present—

• (a) shall be subject to the direction of the member or members executing the request,

• (b) shall have access to the same places and objects (including documents) as that member or those members, and

• (c) may be authorised to put or propose questions and suggest measures of investigation.

• (5) The representative shall not disclose, in breach of the rights of the person affected by the execution of the request, confidential information resulting from his or her presence, except to any other such representative or representatives and to his or her authorities.

98. Presence of members of Garda Síochána at execution of request in designated state.

98.— Where a member of the Garda Síochána is authorised by the relevant authority in a designated state to be present at the execution of a request—

• (a) the member shall not disclose, in breach of judicial confidentiality or the rights of the person affected by the execution of the request, information resulting from his or her presence, except to any other member, and

• (b) any such information may not be admitted as evidence in any proceedings until a decision on transmission of the documents relating to execution has acquired the force of res judicata in the designated state.

99. Use of information or evidence obtained in response to request in designated state.

99.— Information or evidence obtained in response to a request by a court or the Director of Public Prosecutions may not be used for purposes other than those for which the request was made unless such use is in accordance with the relevant international instrument.

100. Disclosure prejudicing investigation.

100.— (1) Where a request is made in connection with a criminal investigation in the State or a designated state, any person who, knowing or suspecting that the investigation is taking place, makes any disclosure which is likely to prejudice the investigation is guilty of an offence.

• (2) A person guilty of an offence under this section is liable—

• (a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, or

• (b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.

• (3) In proceedings for an offence under this section it is a defence to prove that the defendant—

• (a) did not know or suspect that the disclosure to which the proceedings relate was likely to prejudice the investigation concerned, or

• (b) had lawful authority or reasonable excuse for making the disclosure.

101. Liability of officers of body corporate.

101.— (1) Where—

• (a) an offence under this Act is committed by a body corporate, and

• (b) it is proved to have been committed with the consent, connivance or approval of, or to have been attributable to any neglect on the part of, a person who—

• (i) was a director, manager, secretary or other similar officer of the body corporate, or

• (ii) was purporting to act in any such capacity,

the person is guilty of an offence and liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts or defaults of a member in connection with the member’s functions of management as if he or she were a director or manager of the body corporate.

• (3) Subsections (1) and (2) apply, with the necessary modifications, in relation to offences under this Act committed by an unincorporated body.

102. Evidence in proceedings (general).

102.— (1) In any proceedings a document purporting—

• (a) to be—

• (i) a request or a supporting or related document,

• (ii) an order made or warrant issued by a court, tribunal or authority in a designated state,

• (iii) a record of the making or issue of such an order or warrant, or

• (iv) a record of the date and mode of service of a document in a designated state,

and

• (b) to be signed by or on behalf of the court or tribunal concerned or an authority appearing to be competent to do so,

is admissible, without further proof, as evidence of the matters mentioned in the document.

• (2) In any proceedings a document purporting to—

• (a) relate to—

• (i) the identity of an item required as evidence in criminal proceedings or for the purposes of a criminal investigation,

• (ii) the continuity of its custody, or

• (iii) the integrity of its condition,

and

• (b) to be signed by a person appearing to have responsibility for custody of the item,

is admissible, without further proof, as evidence of the matters mentioned in the document.

• (3) In any proceedings a document purporting—

• (a) to be a translation of a document mentioned in subsection (1) or (2) or of a statement or document mentioned in section 62(8), 73(8) or 77(8), and

• (b) to be certified as correct by a person appearing to be competent to do so,

is admissible, without further proof, as evidence of the translation.

• (4) In any proceedings a document purporting to be a copy of a document mentioned in subsection (1) or (2), and—

• (a) to be certified to be such a copy by or on behalf of the court, tribunal or authority issuing it or by an officer of the central authority of the state concerned, or

• (b) to bear the seal of the court, tribunal or either such authority concerned,

is deemed to be a true copy of the document.

• (5) In any proceedings a document purporting—

• (a) to be a certificate given by or on behalf of a court, tribunal or authority in a designated state, or

• (b) to bear the seal of such a court, tribunal or other authority,

is admissible, without further proof, as evidence of such a certificate or seal.

• (6) In any proceedings a document purporting—

• (a) to set out the text of a reservation or declaration under a relevant international instrument, and

• (b) to be signed by an officer of the Department of Foreign Affairs,

is admissible, without further proof, as evidence of the reservation or declaration.

103. Provisional measures.

103.— (1) Where—

• (a) criminal proceedings have been instituted, or a criminal investigation is taking place, in a designated state, and

• (b) a competent authority in that state makes a request to the Minister, in accordance with the relevant international instrument, for the taking of provisional measures within the meaning of that instrument,

the Minister may cause an application to be made to the High Court for the grant of the requested measures.

• (2) On such an application the High Court may grant provisional, including protective, measures of any kind that the Court has power to grant in proceedings that, apart from this section, are within its jurisdiction.

• (3) The measures may be granted for such period, and subject to such conditions or limitations, as the Court, having had regard to the provisions of the relevant international instrument, may specify.

• (4) The Court may refuse to grant the measures sought if, in its opinion, the fact that it has not jurisdiction, apart from this section, in relation to the subject matter of the proceedings concerned makes it inexpedient for it to grant such measures.

104. Recognition of third party rights.

104.— (1) A court, when having regard under this Act to the rights of third parties, may, and shall if so required by the relevant international instrument, recognise any decision relating to those rights made by a court or tribunal in the designated state concerned.

• (2) Such recognition may be refused if—

• (a) the third parties did not have an adequate opportunity to assert their rights,

• (b) the decision is irreconcilable with a court decision already made in the State in regard to those rights, or

• (c) it is contrary to public policy (ordre public).

105. Amendment of Criminal Justice Act 1994.

105.— The Act of 1994 is amended—

• (a) in sections 3(1), 24 and 25, 28 to 30 and 65, by the substitution of “freezing order” for “restraint order”,

• (b) in section 30, by the substitution of “freezing” for “restraint”,

• (c) by the insertion of the following subsection after section 3(16):

• “(16A) References in this Act (other than section 9) to an offence in respect of which a confiscation order might be made under section 9 of this Act shall be construed as references to an indictable offence (other than a drug trafficking offence), irrespective of whether a person has been convicted of it on indictment.”,

• (d) by the substitution of the following Table for the Table to section 19:

“

Amount outstanding under confiscation order	Period of imprisonment
Not exceeding €650 Exceeding €650 but not exceeding €1,300 Exceeding €1,300 but not exceeding €3,250 Exceeding €3,250 but not exceeding €6,500 Exceeding €6,500 but not exceeding €13,000 Exceeding €13,000 but not exceeding €26,000 Exceeding €26,000 but not exceeding €65,000 Exceeding €65,000 but not exceeding €130,000 Exceeding €130,000 but not exceeding €325,000 Exceeding €325,000 but not exceeding €1,300,000 Exceeding €1,300,000	45 days 3 months 4 months 6 months 9 months 12 months 18 months 2 years 3 years 5 years 10 years

”,

• (e) by the addition to Part IV of the following section:

“Revenue offence.

32A.— For the avoidance of doubt it is hereby declared that, in relation to an offence under the law of a country or territory other than the State, references in this Part to an offence shall be construed as including references to an offence in connection with taxes, duties, customs or exchange regulation.”,

and

• (f) in section 60, by the substitution of “restraint (including a freezing order)” for “restraint”,

• (g) by the substitution of the following section for section 63:

“Order to make material available.

63.— (1) For the purposes of an investigation into whether a person has engaged in criminal conduct or criminal proceedings in relation thereto, a member of the Garda Síochána may apply for an order under subsection (3) of this section in relation to any particular material or material of a particular description to a judge of the District Court for the district where the material is situated.

• (2) On such an application the judge may make an order under subsection (3) of this section, if satisfied—

  • (a) that there are reasonable grounds for suspecting that the person has engaged in criminal conduct,

  • (b) that the material concerned is likely to be of substantial value (whether by itself or together with other material) for the purposes of such investigation or proceedings, and

  • (c) that there are reasonable grounds for believing that material should be produced or that access to it should be given, having regard to the benefit likely to accrue to the investigation or proceedings and any other relevant circumstances.

• (3) An order under this subsection—

  • (a) shall require any person who appears to the judge to be in possession of the material—

    • (i) to produce it to a named member of the Garda Síochána so that he or she may take it away, or

    • (ii) to give the member access to it within 7 days, unless it appears to the judge that another period would be appropriate in the particular circumstances of the case,

  • (b) may, if the order relates to material at any place and on application by the member concerned, require any person who appears to the judge to be entitled to grant entry to the place to allow the member to enter it to obtain access to the material,

  • (c) shall authorise the member, if the person so required to grant entry to the place does not do so—

    • (i) to enter the place, accompanied by such other members or persons or both as the member thinks necessary, on production if so requested of the order and, if necessary, by the use of reasonable force,

    • (ii) to search the place and any persons present there,

    • (iii) to take away the material, and

    • (iv) to take such other steps as appear to the member to be necessary for preserving the material and preventing interference with it.

• (4) Where the material consists of information contained in a computer, an order under subsection (3) of this section shall have effect as an order to produce the material, or to give access to it, in a form which is legible and comprehensible or can be made so and in which it can be taken away.

• (5) Such an order—

  • (a) in so far as it may empower a member to take away a document or to be given access to it, shall authorise him or her to make a copy of it and to take the copy away,

  • (b) shall not confer any right to production of, or access to, any material subject to legal privilege, and

  • (c) subject to paragraph (b) of this subsection and subsection (10) of this section, shall have effect notwithstanding any other obligation as to secrecy or other restriction on disclosure of information imposed by statute or otherwise.

• (6) Any material taken away by a member under this section may be retained by him or her for use as evidence in any proceedings.

• (7) A judge of the District Court may at a sitting of the Court vary or discharge an order under this section on the application of a member or any person to whom the order relates.

• (8) A member searching a place under the authority of an order under this section may—

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

  • (b) arrest without warrant any person who—

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

    • (ii) fails to comply with a requirement under paragraph (a) of this subsection, or

    • (iii) gives a name or address which the member has reasonable cause to believe is false or misleading.

• (9) A person who—

  • (a) obstructs or attempts to obstruct a member acting under the authority of an order under this section,

  • (b) fails to comply with a requirement under subsection (3)(a) of this section, or

  • (c) gives a false or misleading name or address to a member,

  shall be guilty of an offence and liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both.

• (10) Where—

  • (a) material has been supplied to a Government department or other authority by or on behalf of the government of another state, and

  • (b) an undertaking was given that the material would be used only for a particular purpose or purposes,

  an order under subsection (3) of this section shall not have the effect of requiring or permitting the production of, or the giving of access to, the material for any other purpose without the consent of that government.

• (11) In this section—

“criminal conduct” means—

- (*a*) drug trafficking,

- (*b*) the commission of an indictable offence or more than one such offence,

- (*c*) holding funds subject to confiscation,

- (*d*) benefiting from—

    - (i) drug trafficking,

    - (ii) an indictable offence or more than one such offence,

    - (iii) assets or proceeds deriving from criminal conduct or the receipt or control of such assets or proceeds, including conduct which occurs outside the State and which would constitute an indictable offence or more than one such offence—

        - (I) if it occurred in the State, and

        - (II) if it constituted an offence or more than one such offence under the law of the state or territory concerned.”.

106. Amendment of section 8(7) of Criminal Assets Bureau Act 1996.

106.— Section 8(7) of the Criminal Assets Bureau Act 1996 is amended by the deletion of “Any information” and the substitution of “Subject to section 5(1), any information”.

107. Personal data protection.

107.— (1) The provisions of the relevant international instrument have effect in respect of the use of personal data communicated to or otherwise obtained by a person in the State under the instrument.

• F170[(2) Subsection (1) is without prejudice to the application of—

• (a) subject to section 8 of the Act of 2018, section 7 (duty of care owed by data controllers and data processors) of the Act of 1988 in respect of the use of such data (within the meaning of the Act of 1988), and

• (b) Part 5 of the Act of 2018, in respect of the use of such data (within the meaning of that Part).

• (3)
• (a) Subject to section 8 of the Act of 2018, the Data Protection Acts 1988 and 2003 apply in relation to personal data referred to in subsection (2)(a), in respects other than those related to their use.

• (b) Part 5 of the Act of 2018 applies in relation to personal data referred to in F171[subsection (2)(b)], in respects other than those related to their use.]

• F172[(4) This section is without prejudice to the application of Chapter 4 of Part 12 of the Act of 2014 to requests made or received under Chapter 3 of Part 5 pursuant to Article 7 of the 2008 Council Decision or that Article insofar as it is applied by Article 1 of the 2009 Agreement with Iceland and Norway.]

• F173[(5) In this section—

"Act of 1988" means the Data Protection Act 1988;

"Act of 2018" means the Data Protection Act 2018.]

108. Exercise of powers by judge of District Court outside district court district.

108.— Section 32A of the Courts (Supplemental Provisions) Act 1961 applies, with any necessary modifications, in relation to the exercise by a judge of the District Court of a power conferred by section 74(8), 75(9) F174[, 79A(5) or (16)] or 87 of this Act or under subsection (2) of section 63 (as substituted by section 105(g) of this Act) of the Act of 1994.

109. Regulations.

109.— (1) Regulations may be made by the Minister for the purpose of enabling any provision of this Act, and of any of the following international instruments in their application to the State, to have full effect:

• (a) a relevant international instrument;

• (b) the EU - US Agreement, the Ireland - US Treaty, and the Instrument as to the application of that Treaty, as defined in section 93.

• F175[(1A) Without prejudice to the generality of subsection (1), regulations may be made by the Minister for the purposes of Chapter 3 of Part 5 regarding the obtaining or transmission of identification evidence within the meaning of that Chapter.]

• F176[(1B) Without prejudice to section 94K, the generality of subsection (1) and subject to the provisions of this Act concerning particular requests, regulations (in this Act referred to as the "Part 7B Regulations") may be made by the Minister for the purposes of Part 7B and in particular such regulations may make provision for—

• (a) the limitations, restrictions or conditions applicable to EPPO requests,

• (b) the form of EPPO requests and the information such requests are to provide,

• (c) the action that may be taken where the information provided is not sufficient to enable the request to be dealt with,

• (d) without prejudice to section 3, the grounds for refusal of EPPO requests,

• (e) the requirements relating to the protection, disclosure, use or transmission of information or evidence received under EPPO requests,

• (f) the formalities and procedures in dealing with EPPO requests, and

• (g) the transmission and mode of transmission of EPPO requests, including, transmission via the International Criminal Police Organisation (Interpol) in urgent cases.

• (1C) Regulations under subsection (1B) may be made by the Minister for the purposes of requests by the State to EPPO and paragraphs (a) to (g) of subsection (1B) shall apply mutatis mutandis to such requests.]

• (2) Regulations under this section may include such consequential, incidental, transitional or supplementary provisions as may be necessary for that purpose.

110. Expenses.

110.— 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.

111. Laying of orders or regulations before Houses of Oireachtas.

111.— An order (other than an order under section 1(2)) or regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling it is passed by either such House within the next 21 days on which that House has sat after it is laid before it, the order or regulation is annulled accordingly, but without prejudice to the validity of anything previously done under it.

SCHEDULE 1 Text of 2000 Convention

Section 2(6).

THE HIGH CONTRACTING PARTIES to this Convention, Member States of the European Union,

REFERRING to the Council Act establishing the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union,

WISHING to improve judicial cooperation in criminal matters between the Member States of the Union, without prejudice to the rules protecting individual freedom,

POINTING OUT the Member States’ common interest in ensuring that mutual assistance between the Member States is provided in a fast and efficient manner compatible with the basic principles of their national law, and in compliance with the individual rights and principles of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950,

EXPRESSING their confidence in the structure and functioning of their legal systems and in the ability of all Member States to guarantee a fair trial,

RESOLVED to supplement the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 and other Conventions in force in this area, by a Convention of the European Union,

RECOGNISING that the provisions of those Conventions remain applicable for all matters not covered by this Convention,

CONSIDERING that the Member States attach importance to strengthening judicial cooperation, while continuing to apply the principle of proportionality,

RECALLING that this Convention regulates mutual assistance in criminal matters, based on the principles of the Convention of 20 April 1959,

WHEREAS, however, Article 20 of this Convention covers certain specific situations concerning interception of telecommunications, without having any implications with regard to other such situations outside the scope of the Convention,

WHEREAS the general principles of international law apply in situations which are not covered by this Convention,

RECOGNISING that this Convention does not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security, and that it is a matter for each Member State to determine, in accordance with Article 33 of the Treaty on European Union, under which conditions it will maintain law and order and safeguard internal security,

HAVE AGREED ON THE FOLLOWING PROVISIONS:

TITLE I

GENERAL PROVISIONS

Article 1

Relationship to other conventions on mutual assistance

• (a) the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, hereinafter referred to as the "European Mutual Assistance Convention";

• (b) the Additional Protocol of 17 March 1978 to the European Mutual Assistance Convention;

• (c) the provisions on mutual assistance in criminal matters of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders (hereinafter referred to as the "Schengen Implementation Convention") which are not repealed pursuant to Article 2(2);

• (d) Chapter 2 of the Treaty on Extradition and Mutual Assistance in Criminal Matters between the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands of 27 June 1962, as amended by the Protocol of 11 May 1974, (hereinafter referred to as the "Benelux Treaty"), in the context of relations between the Member States of the Benelux Economic Union.

Article 2

Provisions relating to the Schengen acquis

Article 3

Proceedings in connection with which mutual assistance is also to be afforded

Article 4

Formalities and procedures in the execution of requests for mutual assistance

Article 5

Sending and service of procedural documents

• (a) the address of the person for whom the document is intended is unknown or uncertain; or

• (b) the relevant procedural law of the requesting Member State requires proof of service of the document on the addressee, other than proof that can be obtained by post; or

• (c) it has not been possible to serve the document by post; or

• (d) the requesting Member State has justified reasons for considering that dispatch by post will be ineffective or is inappropriate.

Article 6

Transmission of requests for mutual assistance

• (a) between a central authority of a Member State and a central authority of another Member State; or

• (b) between a judicial authority of one Member State and a central authority of another Member State.