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Criminal Justice Act 2013

2 versions · 2013-06-12

2018-11-26

IE-2013-act-19 — consolidated version 2018-11-26

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# Criminal Justice Act 2013

## PART 1 Preliminary and General

##### 1. **Short title, collective citation and commencement**

##### 1.. **Short title, collective citation and commencement**

**1**. (1) This Act may be cited as the Criminal Justice Act 2013.

@@ -12,11 +10,11 @@

## PART 2 Amendment of Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

##### 2. **Definition (*Part 2*)**

##### 2.. **Definition (Part 2)**

**2**. In this Part, “Act of 2010” means Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

##### 3. **Amendment of section 17 of Act of 2010**

##### 3.. **Amendment of section 17 of Act of 2010**

**3**. Section 17 of the Act of 2010 is amended by the substitution of the following for subsection (4):

@@ -28,7 +26,7 @@

(b) shall be made to a judge of the District Court assigned to the district in which the order is proposed to be served.”.

##### 4. **Amendment of section 24 of Act of 2010**

##### 4.. **Amendment of section 24 of Act of 2010**

**4**. Section 24(1) of the Act of 2010 is amended by the substitution of the following for the definition of “occasional transaction”:

@@ -42,174 +40,164 @@

is in aggregate not less than €2,000,

(b) in a case where the transaction concerned consists of a transfer of funds (within the meaning of Regulation (EC) No. 1781/2006 [^1]) that the amount of money to be transferred is in aggregate not less than €1,000, and

(b) in a case where the transaction concerned consists of a transfer of funds (within the meaning of Regulation (EC) No. 1781/2006 ^1) that the amount of money to be transferred is in aggregate not less than €1,000, and

(c) in a case other than one referred to in paragraphs (a) or (b), that the amount or aggregate of amounts concerned is not less than €15,000;”.

##### 5. **Amendment of section 25 of Act of 2010**

**5**. Section 25 of the Act of 2010 is amended—

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

“(d) subject to subsection (1A), a relevant independent legal practitioner,”,

##### 5.. **Amendment of section 25 of Act of 2010**

**5**. F1[…]

##### 6.. **Amendment of section 33 of Act of 2010**

**6** . Section 33(1) of the Act of 2010 is amended by the substitution of the following for paragraph (c):

“(c) prior to carrying out any service for the customer, if, having regard to the circumstances, including—

(i) the customer, or the type of customer, concerned,

(ii) the type of any business relationship which the person has with the customer,

(iii) the type of service or of any transaction or product in respect of which the service is sought,

(iv) the purpose (or the customer’s explanation of the purpose) of the service or of any transaction or product in respect of which the service is sought,

(v) the value of any transaction or product in respect of which the service is sought,

(vi) the source (or the customer’s explanation of the source) of funds for any such transaction or product,

the person has reasonable grounds to suspect that the customer is involved in, or the service, transaction or product sought by the customer is for the purpose of, money laundering or terrorist financing, or”.

##### 7.. **Amendment of section 34 of Act of 2010**

**7**. Section 34 of the Act of 2010 is amended by the substitution of the following for subsection (1):

“(1) A designated person is not required to apply the measures specified in section 33(2) if the designated person, having taken such measures as are necessary to establish if the customer is a specified customer or the product is a specified product, is satisfied that—

(a) the customer is a specified customer, or

(b) the product is a specified product.”.

##### 8.. **Amendment of section 36 of Act of 2010**

**8**. Section 36 of the Act of 2010 is amended by the substitution of the following for subsection (1):

“(1) A designated person is not required to apply the measures specified in section 35(1) if the designated person, having taken such measures as are necessary to establish if the customer is a specified customer or the product is a specified product, is satisfied that—

(a) the customer is a specified customer, or

(b) the product is a specified product.”.

##### 9.. **Amendment of section 37 of Act of 2010**

**9**. Section 37 of the Act of 2010 is amended—

(a) by the substitution of the following for subsection (4):

“(4) If a designated person knows or has reasonable grounds to believe that a customer residing in a place outside the State is, or has become, a politically exposed person or an immediate family member or close associate of a politically exposed person, the designated person shall—

(a) ensure that approval is obtained from senior management of the designated person before a business relationship is established or continued with the customer,

(b) determine the source of wealth and of funds for the following transactions—

(i) transactions the subject of any business relationship with the customer that are carried out with the customer or in respect of which a service is sought, or

(ii) any occasional transaction that the designated person carries out with, for or on behalf of the customer or that the designated person assists the customer to carry out,

and

(b) by the insertion, after subsection (1) of the following subsection:

“(1A) A relevant independent legal practitioner shall be a designated person only as respects the carrying out of the services specified in the definition of ‘relevant independent legal practitioner’ in section 24(1).”.

##### 6. **Amendment of section 33 of Act of 2010**

**6** . Section 33(1) of the Act of 2010 is amended by the substitution of the following for paragraph (c):

“(c) prior to carrying out any service for the customer, if, having regard to the circumstances, including—

(i) the customer, or the type of customer, concerned,

(ii) the type of any business relationship which the person has with the customer,

(iii) the type of service or of any transaction or product in respect of which the service is sought,

(iv) the purpose (or the customer’s explanation of the purpose) of the service or of any transaction or product in respect of which the service is sought,

(v) the value of any transaction or product in respect of which the service is sought,

(vi) the source (or the customer’s explanation of the source) of funds for any such transaction or product,

##### 7. **Amendment of section 34 of Act of 2010**

**7**. Section 34 of the Act of 2010 is amended by the substitution of the following for subsection (1):

(a) the customer is a specified customer, or

(b) the product is a specified product.”.

##### 8. **Amendment of section 36 of Act of 2010**

**8**. Section 36 of the Act of 2010 is amended by the substitution of the following for subsection (1):

(a) the customer is a specified customer, or

(b) the product is a specified product.”.

##### 9. **Amendment of section 37 of Act of 2010**

**9**. Section 37 of the Act of 2010 is amended—

(a) by the substitution of the following for subsection (4):

(a) ensure that approval is obtained from senior management of the designated person before a business relationship is established or continued with the customer,

(b) determine the source of wealth and of funds for the following transactions—

(i) transactions the subject of any business relationship with the customer that are carried out with the customer or in respect of which a service is sought, or

(ii) any occasional transaction that the designated person carries out with, for or on behalf of the customer or that the designated person assists the customer to carry out,

(c) apply such additional measures in the course of monitoring the business relationship with the customer in accordance with section 35(3) (including monitoring of the source of wealth and funds), that the designated person considers to be warranted by the risk of money laundering or terrorist financing.”,

and

(b) in subsection (6)—

(i) by the substitution of “is, or has become, a politically exposed person” for “is a politically exposed person”, and

(ii) by the substitution of “subsection (4)(a), (b) and (c)” for “subsection (4)(a) and (b)”.

##### 10.. **Amendment of section 39 of Act of 2010**

**10**. The Act of 2010 is amended by the substitution of the following for section 39:

**“Enhanced due diligence in cases of heightened risk**

39. Where a designated person has reasonable grounds to believe that the circumstances relating to a customer, beneficial owner, service, product or transaction may present a heightened risk of money laundering or terrorist financing, the designated person shall, as respects that customer or beneficial owner, apply additional measures to those specified in this Chapter.”.

##### 11.. **Amendment of section 54 of Act of 2010**

**11**. Section 54(3) of the Act of 2010 is amended—

(a) in paragraph (a) by the substitution of “terrorist financing,” for “terrorist financing, and”,

(b) in paragraph (b) by the substitution of “facilitate anonymity,” for “acilitate anonymity.”, and

“(c) measures to be taken to keep documents and information relating to the customers of that designated person up to date,

(d) additional measures to be taken in accordance with section 39 and the circumstances in which such measures are to be taken, and

(e) measures to be taken to prevent the risk of money laundering or terrorist financing which may arise from technological developments including the use of new products and new practices and the manner in which services relating to such developments are delivered.”.

##### 12.. **Amendment of section 55 of Act of 2010**

**12**. Section 55 of the Act of 2010 is amended—

(a) in subsection (4), by the substitution of “shall be retained by the designated person” for “shall be retained by the designated person, at an office or other premises in the State,”, and

(b) by the insertion, after subsection (7) of the following subsection:

“(7A) The records required to be kept by a designated person under this section may be kept outside the State provided that the designated person ensures that those records are produced in the State to—

(a) a member of the Garda Síochána,

(b) an authorised officer appointed under section 72,

(d) a person to whom the designated person is required to produce such records in relation to his or her business, trade or profession,

as soon as practicable after the records concerned are requested, or where the obligation to produce the records arises under an order of a court made under section 63 of the Criminal Justice Act 1994, within the period which applies to such production under the court order concerned.”.

##### 13.. **Amendment of section 60 of Act of 2010**

**13**. Section 60(2)(b)(ii) of the Act of 2010 is amended by the substitution of “through officers and members” for “through officers, members or employees”.

##### 14.. **Amendment of section 71 of Act of 2010**

**14**. The Act of 2010 is amended by the substitution of the following for section 71:

**“Directions to comply with obligations under this Part**

71. (1) A State competent authority may, by notice in writing, direct a designated person or a class of designated persons in respect of whom the authority is the competent authority to—

(a) discontinue, or refrain from engaging in, specified conduct that in the opinion of the authority concerned constitutes, or, if engaged in, would constitute, a breach of any specified provision of this Part, or

(b) take specific actions or to establish specific processes or procedures that in the opinion of the authority are reasonably necessary for the purposes of complying with any specified provision of this Part.

(2) The State competent authority shall specify in any such direction a reasonable period of time within which the person to whom it is given is required to comply with the direction.

(3) If a designated person to whom a direction has been issued under subsection (1) fails to comply with the direction and is subsequently found guilty of an offence—

(a) which consists of the conduct specified in the direction given under subsection (1)(a), or

(b) which would not have been committed if the direction under subsection (1)(b) had been complied with,

the court may take the failure to comply with the direction into account as an aggravating factor in determining any sentence to be imposed on the person for the offence.”.

##### 15.. **Amendment of section 84 of Act of 2010**

**15**. Section 84 of the Act of 2010 is amended—

(a) by the renumbering of the section as subsection (1),

(b) by the insertion, in subsection (1), after the definition of “principal officer” of the following:

“ ‘subsidiary’ has the meaning assigned to it by section 155 of the Companies Act 1963”,

and

(b) in subsection (6)—

(i) by the substitution of “is, or has become, a politically exposed person” for “is a politically exposed person”, and

(ii) by the substitution of “subsection (4)(a), (b) and (c)” for “subsection (4)(a) and (b)”.

##### 10. **Amendment of section 39 of Act of 2010**

**10**. The Act of 2010 is amended by the substitution of the following for section 39:

**“Enhanced due diligence in cases of heightened risk**

##### 11. **Amendment of section 54 of Act of 2010**

**11**. Section 54(3) of the Act of 2010 is amended—

(a) in paragraph (a) by the substitution of “terrorist financing,” for “terrorist financing, and”,

(b) in paragraph (b) by the substitution of “facilitate anonymity,” for “acilitate anonymity.”, and

“(c) measures to be taken to keep documents and information relating to the customers of that designated person up to date,

(d) additional measures to be taken in accordance with section 39 and the circumstances in which such measures are to be taken, and

##### 12. **Amendment of section 55 of Act of 2010**

**12**. Section 55 of the Act of 2010 is amended—

(a) in subsection (4), by the substitution of “shall be retained by the designated person” for “shall be retained by the designated person, at an office or other premises in the State,”, and

(b) by the insertion, after subsection (7) of the following subsection:

(a) a member of the Garda Síochána,

(b) an authorised officer appointed under section 72,

(d) a person to whom the designated person is required to produce such records in relation to his or her business, trade or profession,

##### 13. **Amendment of section 60 of Act of 2010**

**13**. Section 60(2)(b)(ii) of the Act of 2010 is amended by the substitution of “through officers and members” for “through officers, members or employees”.

##### 14. **Amendment of section 71 of Act of 2010**

**14**. The Act of 2010 is amended by the substitution of the following for section 71:

**“Directions to comply with obligations under this Part**

71. (1) A State competent authority may, by notice in writing, direct a designated person or a class of designated persons in respect of whom the authority is the competent authority to—

(2) The State competent authority shall specify in any such direction a reasonable period of time within which the person to whom it is given is required to comply with the direction.

(3) If a designated person to whom a direction has been issued under subsection (1) fails to comply with the direction and is subsequently found guilty of an offence—

(a) which consists of the conduct specified in the direction given under subsection (1)(a), or

(b) which would not have been committed if the direction under subsection (1)(b) had been complied with,

the court may take the failure to comply with the direction into account as an aggravating factor in determining any sentence to be imposed on the person for the offence.”.

##### 15. **Amendment of section 84 of Act of 2010**

**15**. Section 84 of the Act of 2010 is amended—

(a) by the renumbering of the section as subsection (1),

(b) by the insertion, in subsection (1), after the definition of “principal officer” of the following:

“ ‘subsidiary’ has the meaning assigned to it by section 155 of the Companies Act 1963”,

and

(2) (a) Subject to paragraph (b), in this Chapter a reference to the Minister shall, in a case where the applicant for or the holder of an authorisation is a subsidiary of a credit or financial institution, be construed as a reference to the Central Bank of Ireland.

@@ -228,27 +216,27 @@

(vi) section 106(7).”.

##### 16. **Miscellaneous amendments to Act of 2010**

##### 16.. **Miscellaneous amendments to Act of 2010**

**16**. The Act of 2010 is amended—

(a) in section 98 by the substitution of “the reasons” for “the Minister’s reasons” in subsection (2)(a),

(a) in section 98 by the substitution of “the reasons” or “the Minister’s reasons” in subsection (2)(a),

(b) in section 103(1) by the substitution of “to assist in carrying out” for “to assist him or her in carrying out”, and

(i) in subsection (3) by the substitution of “at an office in the State” for “at an office of the Department”, and

(i) in subsection (3) by the substitution of “at an office in the State” or “at an office of the Department”, and

(ii) in subsection (4) by the substitution of “during ordinary business hours” for “during the ordinary business hours of the Department”.

##### 17. **Amendment of section 104 of Act of 2010**

##### 17.. **Amendment of section 104 of Act of 2010**

**17**. Section 104 of the Act of 2010 is amended by the substitution of the following for subsection (5):

“(5) The Minister may publish a register in written, electronic or other form and a member of the public is entitled to obtain a copy of a register or of an entry in a register on payment of such reasonable copying charges as may be prescribed (if any).”.

##### 18. **Amendment of section 109 of Act of 2010**

##### 18.. **Amendment of section 109 of Act of 2010**

**18**. Section 109 of the Act of 2010 is amended by the insertion after subsection (6) of the following subsections:

@@ -258,7 +246,7 @@

## PART 3 Cessation of Mobile Communications Service in Response to Serious Threat

##### 19. **Definitions (*Part 3*)**

##### 19.. **Definitions (Part 3)**

**19**. In this Part—

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“user” means a person using a mobile communications service, for private or business purposes, whether or not he or she has subscribed to that service.

##### 20. **Conditions justifying authorisation**

##### 20.. **Conditions justifying authorisation**

**20**. (1) The Minister may give an authorisation where, and only where, he or she—

@@ -314,7 +302,7 @@

(c) that having regard to all the circumstances, including the importance of maintaining the availability of the mobile communications service in the geographical area concerned and the effect of a cessation on users, the giving of an authorisation is necessary and proportionate to its objectives.

##### 21. **Application for authorisation**

##### 21.. **Application for authorisation**

**21**. (1) An application for an authorisation shall—

@@ -346,7 +334,7 @@

(d) an authorisation or its content.

##### 22. **Authorisation**

##### 22.. **Authorisation**

**22**. (1) Where the Minister, having considered an application under *section 21*, is satisfied that the conditions specified in *section 20(2)* are met in relation to the giving of the authorisation which is the subject of the application, he or she shall, subject to this section, give an authorisation to the applicant.

@@ -374,13 +362,13 @@

(4) An authorisation may contain such other terms and conditions as the Minister considers necessary having regard to the circumstances.

##### 23. **Variation or extension of authorisation**

##### 23.. **Variation or extension of authorisation**

**23**. (1) The Minister, on application made in writing by a member of the Garda Síochána not below the rank of Assistant Commissioner, may vary an authorisation or extend the period during which the authorisation shall remain in force.

(2) *Sections 21* and *22* shall apply to an application for the variation or extension of an authorisation, as if the references in those sections to an authorisation were references to the variation or, as the case may be, extension of an authorisation.

##### 24. **Direction**

##### 24.. **Direction**

**24**. (1) At any time while an authorisation is in force, a member of the Garda Síochána not below the rank of chief superintendent (in this Part referred to as the “member” may, subject to this section, issue a direction to an undertaking where, and only where, the member is satisfied that—

@@ -424,7 +412,7 @@

(7) The Commissioner of the Garda Síochána shall arrange for a record of any direction that is issued under this section to be kept.

##### 25. **Obligations of undertakings**

##### 25.. **Obligations of undertakings**

**25**. (1) An undertaking that becomes aware that an authorisation is likely to be applied for, or that a direction is likely to be issued shall not—

@@ -446,7 +434,7 @@

(4) In this section, “emergency service calls” means calls to the emergency services including the Garda Síochána, a fire brigade service, an ambulance service, the boat and coastal service rescue services (including the rescue services provided by the Air Corps), the mountain and cave rescue services or a similar emergency service, using the National emergency call number 999 or the single European emergency call number 112, or such other number as may be specified for such purposes, and calls made by or on behalf of such emergency services in response to such calls.

##### 26. **Obligations of other persons**

##### 26.. **Obligations of other persons**

**26**. (1) A person, other than a person to whom *section 25(1)* applies, who becomes aware that an authorisation is likely to be applied for, or that a direction is likely to be issued, shall not disclose that fact to any person, except in so far as may be necessary for the performance of his or her functions under this Part.

@@ -456,7 +444,7 @@

(b) following the commencement of the cessation period, disclose, or permit to be disclosed by any member of his or her staff, to any person, the content of the direction or an authorisation referred to in that direction, except in so far as may be necessary to ensure compliance with the direction.

##### 27. **Withdrawal of direction**

##### 27.. **Withdrawal of direction**

**27**. (1) Where the member who issued a direction considers that the direction is no longer required, he or she shall, without delay—

@@ -472,13 +460,13 @@

(b) arrange for a record of any notifications issued under this section to be kept.

##### 28. **Nominated officer**

##### 28.. **Nominated officer**

**28**. (1) The functions of the Minister under this Part may be performed by such officer of the Minister, not below the rank of Assistant Secretary, as the Minister may nominate for that purpose.

(2) A reference in this Part to the Minister includes a reference to an officer nominated under *subsection (1)*.

##### 29. **Offences**

##### 29.. **Offences**

**29**. (1) A person who fails to comply with a direction to which he or she is subject shall be guilty of an offence and shall be liable—

@@ -509,3 +497,4 @@

(b) Where the affairs of a body corporate are managed by its members, *paragraph (a)* shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

(6) A court hearing proceedings for an offence under this section, including any appeal or subsequent proceedings, may, on its own motion or on the application of the Director of Public Prosecutions, order that the proceedings, or part of them, be held otherwise than in public.

2013-06-12

Criminal Justice Act 2013

original version Text at this date