CRIMINAL LAW, CIVIL LAW AND DEFENCE (MISCELLANEOUS PROVISIONS) ACT 2026

An Act to amend the Firearms Act 1925 and the Prisons Act 2007 in relation to the possession, use or carriage of incapacitant spray by prison officers and to amend the Firearms Act 1925 in relation to the seizure and detention of firearms or ammunition by An Garda Síochána in the interest of public safety, security or peace; to amend the Wireless Telegraphy Act 1926 to enable members of An Garda Síochána to use certain apparatus for wireless telegraphy to interfere with unmanned aircraft systems for the purposes of carrying out the function of An Garda Síochána; to amend the Courts of Justice Act 1936, the Courts Service Act 1998 and the Judicial Council Act 2019 in relation to certain non-judicial functions of the Chief Justice; to amend the Defence Act 1954 to provide for certain powers of the Defence Forces in relation to safeguarding, protecting and defending the security of the State, the deployment of the Defence Forces in aid of the civil power, and the protection of military installations by the Defence Forces; to provide for a power of provisional arrest without warrant in relation to extradition requests in certain circumstances and for that and other purposes to amend the Extradition Act 1965; to make further provision in relation to community service orders and for that purpose to amend the Criminal Justice (Community Service) Act 1983; to amend the Misuse of Drugs Act 1984, the Criminal Evidence Act 1992 and the Criminal Justice Act 1999 in relation to evidence in certain proceedings; to repeal Chapter 3 of Part 2 of the Criminal Law (Sexual Offences and Human Trafficking) Act 2024 and to make provision in relation to evidence regarding the vouching of character of persons convicted of certain offences; to confer a power on members of An Garda Síochána to direct a person wearing a face covering to engage, or refrain from engaging, in certain matters in certain circumstances, to provide for an offence for failure to comply with such a direction and for those purposes to amend the Criminal Justice (Public Order) Act 1994; to make further provision in relation to certification of citizenship in certain proceedings and for that purpose to amend the Criminal Justice (Theft and Fraud Offences) Act 2001, the Maritime Security Act 2004, the Criminal Justice Act 2006, the International Criminal Court Act 2006, the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 and the European Union (Market Abuse) Regulations 2016; to amend the European Arrest Warrant Act 2003 to give further effect to Council Framework Decision of 13 June 2002¹ on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision of 26 February 2009² amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial; to give effect to the ratification by the State of certain amendments to the Rome Statute of the International Criminal Court, to further enable authorities in the State to co-operate with the International Criminal Court, and for those and other related purposes to amend the International Criminal Court Act 2006; to make further provision in relation to DNA profiles and for that and another purpose to amend the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014; to make provision for offences relating to accommodation offered in exchange for sexual activity and for that purpose to amend the Criminal Law (Sexual Offences) Act 2017; to make provision for the licensing of outdoor seating areas of licensed premises in certain circumstances and for transitional arrangements for certain outdoor seating areas temporarily licensed under the Civil Law (Miscellaneous Provisions) Act 2021; to provide that the Minister for Justice, Home Affairs and Migration may, in respect of applications made to the Minister, issue to certain persons certificates of disregard in respect of certain historical convictions and other determinations relating to consensual sexual activity; to make provision for the use of electronic means, and the making of statements of truth, in certain proceedings; to give further effect to Directive (EU) 2016/681 on the use of passenger name record (“PNR”) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime; to provide for the continuation of the Passenger Information Unit and for the processing, including retention, of passenger name record data by that Unit and by competent authorities; to provide for the continued designation of intra-EU flights, and the designation of all extra-EU flights, for the purpose of the prevention, detection, investigation and prosecution of terrorist offences and serious crimes; to provide for the designation of an Independent Authority and the conferral of certain functions on that Authority, including the conduct of reviews of the process for the designation of intra-EU flights and the approval of applications for the transfer, to other Member States and third countries, of passenger name record data and for those purposes to provide for the revocation of the European Union (Passenger Name Record Data) Regulations 2018; to make further provision in respect of orders relating to anti-social behaviour and for that and other purposes to amend the Children Act 2001 and the Criminal Justice Act 2006; to amend the Criminal Procedure Act 1967, the Civil Legal Aid Act 1995, the Bail Act 1997, the Social Welfare Consolidation Act 2005, the Multi-Unit Developments Act 2011, the Prisons Act 2015, the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020, the Criminal Justice (Perjury and Related Offences) Act 2021, the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023, the Criminal Justice (Miscellaneous Provisions) Act 2023, the Judicial Appointments Commission Act 2023 and the Family Courts Act 2024; and to provide for related matters.

[23rd July, 2026]

Be it enacted by the Oireachtas as follows:

PART 1 Preliminary and General

1. Short title, collective citations and commencement

1. (1) This Act may be cited as the Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Act 2026.

• (2) The Licensing Acts 1833 to 2018 and Part 16, in so far as it amends and extends those Acts, may be cited together as the Licensing Acts 1833 to 2026 and shall be construed together as one.

• (3) The Registration of Clubs Acts 1904 to 2008 and Part 16, in so far as it amends and extends those Acts, may be cited together as the Registration of Clubs Acts 1904 to 2026 and shall be construed together as one.

• (4) This Act (other than subsection (1) and this subsection, sections 4(b)(i), 52, 117(b) (in so far as it relates to the Courts Service), 118 and 124 and Parts 3, 4 and 5) shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2. Definitions

2. In this Act—

“Act of 2007” means the Prisons Act 2007;

“Act of 2017” means the Criminal Law (Sexual Offences) Act 2017;

“Minister” means the Minister for Justice, Home Affairs and Migration.

3. Expenses

3. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, be paid out of moneys provided by the Oireachtas.

PART 2 Amendment of Firearms Act 1925 and Act of 2007

4. Amendment of Firearms Act 1925

4. The Firearms Act 1925 is amended—

• (a) in section 1(1), by the insertion of the following definition:

“ ‘Irish Prison Service’ means the prison service of the Department of Justice, Home Affairs and Migration which is charged with the management of prisons (within the meaning of the Prisons Act 2007);”,

• (b) in section 2(3)—

• (i) in paragraph (b), by the substitution of “member of garda staff (within the meaning of the Policing, Security and Community Safety Act 2024)” for “member of the civilian staff of the Garda Síochána”, and

• (ii) by the insertion of the following paragraph after paragraph (ba):

• “(bb) the possession, use, or carriage of an incapacitant spray, in accordance with rules made under section 35 of the Prisons Act 2007, by a prison officer in the performance of his or her duty as such an officer;”,

• (c) by the insertion of the following section after section 4C:

“Seizure and detention of firearms or ammunition by An Garda Síochána in interest of public safety, security or peace

4D. (1) Where a member of An Garda Síochána who is—

• (a) in a public place,

• (b) in any other place—

  • (i) under a power of entry authorised by law, or

  • (ii) to which he or she was expressly or impliedly invited or permitted to be,

  or

• (c) carrying out a search authorised by law,

finds or comes into possession of any firearm or ammunition and has reasonable grounds for suspecting that, in connection with the firearm or ammunition, there is a danger to the public safety, security or the peace, he or she may seize and detain said firearm or ammunition for a period not exceeding 14 days.

• (2) Where a member of An Garda Síochána has seized and detained a firearm or ammunition in accordance with subsection (1), a member of An Garda Síochána not below the rank of superintendent may, before the expiration of the period specified in subsection (1), if he or she is satisfied that—

  • (a) there are reasonable grounds for suspecting that the possession, use or carriage of the firearm or ammunition will endanger the public safety, security or the peace, and

  • (b) there are sufficient grounds, having regard to paragraph (a), to consider revocation under section 5 of the firearm certificate in respect of the firearm or ammunition seized and detained under subsection (1),

  authorise the detention of the firearm or ammunition for a further period not exceeding 21 days so that an issuing person may determine whether the firearm certificate should be revoked under section 5.

• (3) A person who obstructs or impedes a member of An Garda Síochána in the exercise of his or her powers under subsection (1) shall be guilty of an offence under this section and shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding six months or to both.

• (4) This section shall not affect any other power, under any enactment or the common law, to seize or detain a firearm or ammunition.

• (5) In this section, ‘enactment’ has the same meaning as it has in the Interpretation Act 2005.”,

• (d) in section 10(6)(a), by the insertion of “, authorised by the Minister to effect a transaction relating to incapacitant spray for the purposes of the Irish Prison Service” before “or authorised by the Minister to effect”,

• (e) in section 16, by the insertion of the following subsection after subsection (5):

• “(6) This section shall not apply to any consignment of incapacitant spray belonging to or purchased or intended for the use of the Irish Prison Service.”,

and

• (f) in section 17, by the insertion of the following subsection after subsection (8):

• “(9) This section shall not apply to the importation into the State of incapacitant spray which is so imported under the authority of the Minister for the use of the Irish Prison Service.”.

5. Amendment of Act of 2007

5. Section 35(2) of the Act of 2007 is amended by the insertion of the following paragraph after paragraph (c):

• “(ca) the possession, use, or carriage of an incapacitant spray by a prison officer in the performance of his or her duty as such an officer,”.

PART 3 Amendment of Wireless Telegraphy Act 1926

6. Definition (Part 3)

6. In this Part, “Act of 1926” means the Wireless Telegraphy Act 1926.

7. Amendment of section 2 of Act of 1926

7. Section 2 of the Act of 1926 is amended by the insertion of the following definition:

“ ‘Act of 2024’ means the Policing, Security and Community Safety Act 2024;”.

8. Amendment of section 3(6) of Act of 1926

8. Section 3(6) of the Act of 1926 is amended by the insertion of the following paragraph after paragraph (a):

• “(aa) a radio frequency jammer kept by, or in the possession of, An Garda Síochána or a member of An Garda Síochána for the purposes of working or using such radio frequency jammer in accordance with sections 12(1B) and 12B(1B),”.

9. Commission and An Garda Síochána to agree memorandum of understanding on information sharing

9. The Act of 1926 is amended by the insertion of the following section after section 3:

“3B. (1) The Commission, having regard to its function under section 10(1)(b) of the Communications Regulation Act 2002, and the Garda Commissioner, having regard to the function of An Garda Síochána referred to in section 9 of the Act of 2024, may agree a memorandum of understanding concerning the sharing between them of information on radio frequency jammers—

• (a) kept by, or in the possession of, An Garda Síochána or a member of An Garda Síochána, and

• (b) worked or used by a member of An Garda Síochána to interfere with the working of or otherwise injuriously affect any UAS.

• (2) Without prejudice to the generality of subsection (1), the Commission and the Garda Commissioner may agree that the memorandum of understanding referred to in that subsection provide for the sharing between them of information relating to any of the following:

  • (a) the procurement, storage, calibration, testing and maintenance of radio frequency jammers by An Garda Síochána;

  • (b) standard operating procedures internal to An Garda Síochána relating to the use of radio frequency jammers;

  • (c) the types of radio frequency jammers kept or used by An Garda Síochána, including the radio frequencies used by the radio frequency jammers and the power limits of the radio frequency jammers;

  • (d) instances of the use of radio frequency jammers by An Garda Síochána.

• (3) Without prejudice to subsection (1), the Commission and the Garda Commissioner shall agree a memorandum of understanding referred to in that subsection within the period of two months beginning on the date on which this section comes into operation.

• (4) Where a memorandum of understanding is not agreed in accordance with subsection (3)—

  • (a) the Commission shall notify the Minister for Culture, Communications and Sport, and

  • (b) the Garda Commissioner shall notify the Minister for Justice, Home Affairs and Migration,

  of that fact.

• (5) The Commission and the Garda Commissioner shall keep under review the operation of a memorandum of understanding agreed under this section and may agree such amendments to, or revocations of, the memorandum as appear to them to be necessary or desirable.”.

10. Amendment of section 12 of Act of 1926

10. Section 12 of the Act of 1926 is amended—

• (a) in subsection (1), by the substitution of “Subject to subsections (1A) and (1B)” for “Subject to subsection (1A)”, and

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

• “(1B) It shall be lawful for a member of An Garda Síochána to work or use a radio frequency jammer to interfere with the working of or otherwise injuriously affect any UAS where the member reasonably believes such work or use to be necessary for the purposes of carrying out the function of An Garda Síochána referred to in section 9 of the Act of 2024.”.

11. Amendment of section 12B of Act of 1926

11. Section 12B of the Act of 1926 is amended—

• (a) in subsection (1), by the substitution of “Subject to subsections (1A) and (1B)” for “Subject to subsection (1A)”, and

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

• “(1B) Subsection (1) shall not apply to the use by a member of An Garda Síochána of a radio frequency jammer for the purpose of interfering with a UAS where that member reasonably believes such use to be necessary for the purposes of carrying out the function of An Garda Síochána referred to in section 9 of the Act of 2024.”.

PART 4 Non-Judicial Functions of Chief Justice

12. Amendment of section 67 of Courts of Justice Act 1936

12. (1) Subject to subsection (2), section 67 of the Act of 1936 is amended—

• (a) in subsection (2), by the substitution of “8 nominated members” for “10 nominated members”,

• (b) in subsection (3)(a), by the deletion of the words “who shall be the chairperson of the Committee,”,

• (c) in subsection (4), by the substitution of the following paragraphs for paragraphs (a) and (aa):

• “(a) 1 shall be an ordinary judge of the Supreme Court nominated by the Chief Justice;

• (aa) 1 shall be an ordinary judge of the Court of Appeal nominated by the President of the Court of Appeal;”,

• (d) by the insertion of the following subsection after subsection (4):

• “(4A) The Chief Justice shall be the chairperson of the Committee and—

  • (a) shall nominate another judge who is a member of the Committee to act as chairperson during the period a person is acting in his or her place as a member of the Committee under subsection (9), and

  • (b) may, at any other time, nominate another member of the Committee to act as chairperson during such period or on such occasion or occasions as are specified in the nomination concerned.”,

• (e) in subsection (9), by the substitution of the following paragraph for paragraph (a):

• “(a) in the case of the Chief Justice, an ordinary judge of the Supreme Court, Court of Appeal or High Court,”,

and

• (f) by the insertion of the following subsection after subsection (11):

• “(12) The Chief Justice may revoke a nomination made by him or her under subsection (4A) at any time and, where that revocation relates to a nomination referred to in paragraph (a) of that subsection, the Chief Justice shall make another nomination under that paragraph if the revocation takes effect during the period referred to in that subsection.”.

• (2) Notwithstanding the amendments to section 67 of the Act of 1936 effected by subsection (1)(a) and (c), an ordinary judge of the Supreme Court or an ordinary judge of the Court of Appeal who is, immediately prior to the date of coming into operation of this section, a nominated member of the Superior Courts Rules Committee under subsection (4) of that section 67 shall, on and after that date, subject to subsection (5) of that section, remain a nominated member of that Committee.

• (3) It is hereby confirmed that, on the date on which it came into operation, section 20 of the Civil Law (Miscellaneous Provisions) Act 2008, in amending section 67 of the Act of 1936, had the effect of inserting, after subsection (1) of that section, the relevant subsections in substitution for subsections (4), (7), (8), (9) and (10) of that section as it stood immediately before that date.

• (4) In subsection (3), “relevant subsections” means, in relation to the amendment of section 67 of the Act of 1936 by section 20 of the Civil Law (Miscellaneous Provisions) Act 2008, the subsections numbered (2) to (11) that are expressed by the said section 20 to be substituted for subsections (2) to (10) of that section of the Act of 1936.

• (5) In this section, “Act of 1936” means the Courts of Justice Act 1936.

13. Amendment of section 11 of Courts Service Act 1998

13. Section 11 of the Courts Service Act 1998 is amended—

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

• “(a) the Chief Justice for the time being or a judge of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court or the District Court nominated by the Chief Justice,”,

and

• (b) by the substitution of the following subsection for subsection (4):

• “(4) The Chief Justice shall be the chairperson of the Board or, if the Chief Justice is not a member, the judge of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court or the District Court nominated under subsection (1)(a) shall be the chairperson.”.

14. Amendment of Judicial Council Act 2019

14. The Judicial Council Act 2019 is amended—

• (a) in section 12—

• (i) in subsection (1)(a), by the substitution of “or their replacements nominated under subsection (2A) or (3), as the case may be” for “or their replacements nominated under subsection (3)”,

• (ii) in subsection (2)(a), by the deletion of “, who shall act as chairperson of the Board”,

• (iii) by the insertion of the following subsections after subsection (2):

• “(2A) The Chief Justice may, from time to time, nominate in writing a judge (other than a judge who is a member of the Board) of the Supreme Court, Court of Appeal, High Court, Circuit Court or District Court to perform the functions of the Chief Justice as such ex officio member during such period or on such occasion or occasions as are specified in the nomination.

• (2B) The Chief Justice shall be the chairperson of the Board and—

  • (a) shall nominate in writing another member of the Board to act as chairperson during the period or on such occasion or occasions referred to in subsection (2A), and

  • (b) may, at any other time, nominate in writing another member of the Board to act as chairperson during such period or on such occasion or occasions as are specified in the nomination concerned.

• (2C) The Chief Justice may, at any time, revoke a nomination made under subsection (2B) and, where that revocation relates to a nomination referred to in paragraph (a) of that subsection, the Chief Justice shall make another nomination under that paragraph if the revocation takes effect during the period or on such occasion or occasions referred to in subsection (2A).”,

and

• (iv) in subsection (3)—

• (I) by the substitution of “An ex officio member of the Board, other than the Chief Justice, may” for “An ex officio member of the Board may”, and

• (II) by the substitution of “of which he or she is President” for “of which he or she is Chief Justice or President, as the case may be,”,

• (b) in section 13, by the insertion of the following subsection after subsection (1):

• “(1A) A nomination under section 12(2A) shall—

  • (a) cease to have effect upon—

    • (i) the expiration of the period or the passing of the occasion or occasions, as the case may be, specified in the nomination, or

    • (ii) the revocation of the nomination by the Chief Justice,

  • (b) where the Chief Justice ceases to hold judicial office, cease to have effect upon such cessation,

  • (c) where the judge in respect of whom the nomination was made ceases to hold judicial office, cease to have effect upon such cessation, or

  • (d) where the judge, in respect of whom the nomination was made, by notice in writing given or sent to the Chief Justice indicates that he or she does not wish to continue to perform the functions concerned, cease to have effect upon the receipt of that notice by the Chief Justice.”,

and

• (c) in section 44—

• (i) in subsection (1)(a), by the substitution of “their replacements nominated under subsection (2A) or (3), as the case may be” for “their replacements nominated under subsection (3)”,

• (ii) in subsection (2)(a), by the deletion of “, who shall act as chairperson of the Committee”,

• (iii) by the insertion of the following subsections after subsection (2):

• “(2A) The Chief Justice may, from time to time, nominate in writing a judge (other than an elected member of the Judicial Conduct Committee) of the Supreme Court, Court of Appeal, High Court, Circuit Court or District Court to perform the functions of the Chief Justice as such ex officio member during such period or on such occasion or occasions as are specified in the nomination and a reference in this Act to the Chief Justice as such ex officio member of the Judicial Conduct Committee shall, during such period or in respect of such occasion or occasions, be taken to be a reference to a judge so nominated.

• (2B) The Chief Justice shall be the chairperson of the Judicial Conduct Committee and—

  • (a) shall nominate in writing another member of the Judicial Conduct Committee who is a judge to act as chairperson of that Committee during the period or on such occasion or occasions referred to in subsection (2A), and

  • (b) may, at any other time, nominate in writing another member of the Judicial Conduct Committee who is a judge to act as chairperson during such period or on such occasion or occasions as are specified in the nomination concerned.

• (2C) The Chief Justice may, at any time, revoke a nomination made under subsection (2B) and, where that revocation relates to a nomination referred to in paragraph (a) of that subsection, the Chief Justice shall make another nomination under that paragraph if the revocation takes effect during the period or on such occasion or occasions referred to in subsection (2A).”,

and

• (iv) in subsection (3)—

• (I) by the substitution of “An ex officio member of the Judicial Conduct Committee, other than the Chief Justice, may” for “An ex officio member of the Judicial Conduct Committee may”, and

• (II) by the substitution of “of which he or she is President” for “of which he or she is Chief Justice or President, as the case may be,”,

and

• (d) in section 46, by the insertion of the following subsection after subsection (1):

• “(1A) A nomination under section 44(2A) shall—

  • (a) cease to have effect upon—

    • (i) the expiration of the period or the passing of the occasion or occasions, as the case may be, specified in the nomination, or

    • (ii) the revocation of the nomination by the Chief Justice,

  • (b) where the Chief Justice ceases to hold judicial office, cease to have effect upon such cessation,

  • (c) where the judge in respect of whom the nomination was made ceases to hold judicial office, cease to have effect upon such cessation, or

  • (d) where the judge, in respect of whom the nomination was made, by notice in writing given or sent to the Chief Justice indicates that he or she does not wish to continue to perform the functions concerned, cease to have effect upon the receipt of that notice by the Chief Justice.”.

PART 5 Amendment of Defence Act 1954

15. Insertion of Part IIIA in Defence Act 1954

15. The Defence Act 1954 is amended by the insertion of the following Part after section 40:

“PART IIIA

SAFEGUARDING, PROTECTING AND DEFENDING SECURITY OF THE STATE, AID OF CIVIL POWER AND PROTECTION OF MILITARY INSTALLATIONS

Safeguarding, protecting and defending by Defence Forces

40A. (1) Without prejudice to any other powers of a member of the Defence Forces in that behalf, a member of the Defence Forces shall have all such powers as are necessary or expedient, including the power to use such force as is reasonable, proportionate and necessary, for the purposes of safeguarding, protecting and defending the security of the State in either or both of the following circumstances:

• (a) where the passage or any activity of a foreign ship in the territorial sea or internal waters is considered to be prejudicial to such security;

• (b) where there is considered to be a risk to the sovereign rights and jurisdiction of the State in the exclusive economic zone.

• (2) The Chief of Staff shall, with the consent of the Minister, prepare and issue guidance to members of the Defence Forces on the exercise of any power by a member of the Defence Forces pursuant to this section.

• (3) The Chief of Staff shall, as soon as is reasonably practicable, regarding the exercise of any power by a member of the Defence Forces pursuant to this section, provide the Minister with such information as may be required by the Minister.

• (4) In this section—

‘Act of 2021’ means the Maritime Jurisdiction Act 2021;

‘exclusive economic zone’ shall be construed in accordance with section 13 of the Act of 2021;

‘foreign ship’ has the same meaning as it has in the Act of 2021;

‘internal waters’ shall be construed in accordance with section 8 of the Act of 2021;

‘sovereign rights and jurisdiction of the State in the exclusive economic zone’ means the sovereign rights and jurisdiction of the State provided for in section 14 of the Act of 2021;

‘territorial sea’ shall be construed in accordance with section 7 of the Act of 2021.

Aid of civil power

40B. (1) The Minister may, subject to subsection (2), following a request to the Minister from the Minister for Justice, Home Affairs and Migration, direct the deployment of a member of the Defence Forces in aid of the civil power.

• (2) The Minister may, subject to such conditions as he or she may specify, give general approval for the deployment of a member of the Defence Forces in aid of the civil power for such class or classes of assistance as may be agreed with the Minister for Justice, Home Affairs and Migration.

• (3) A member of the Defence Forces deployed in aid of the civil power may use such force as is reasonable, proportionate and necessary in the performance of his or her duties.

• (4) The Chief of Staff shall, with the consent of the Minister, prepare and issue guidance to members of the Defence Forces deployed in aid of the civil power.

• (5) In this section, ‘aid of the civil power’ means assistance provided by the Defence Forces to An Garda Síochána under this section.

Protection of military installations

40C. (1) A member of the Defence Forces engaged in security duties within a military installation may use such force as is reasonable, proportionate and necessary to protect the military installation and any persons within the installation.

• (2) The Chief of Staff shall, with the consent of the Minister, prepare and issue guidance to members of the Defence Forces engaged in security duties referred to in subsection (1).

• (3) In this section, ‘military installation’ means—

  • (a) a State ship,

  • (b) a service aircraft, or

  • (c) a building or place (or portion thereof) occupied by, used by, or under the control (whether temporarily or otherwise) of, the Defence Forces,

  and includes the airspace above the military installation.”.

PART 6 Amendment of Extradition Act 1965

16. Definition (Part 6)

16. In this Part, “Act of 1965” means the Extradition Act 1965.

17. Amendment of section 26 of Act of 1965

17. Section 26(1)(b) of the Act of 1965 is amended by the substitution of “under section 27 or the person has already been brought before the Court under section 27(6)” for “under section 27”.

18. Amendment of section 27 of Act of 1965

18. Section 27 of the Act of 1965 is amended—

• (a) in subsection (3A), by the substitution of “the provisions of subsections (1) and (2)” for “the provisions of subsection (2) of this section”,

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

• “(3AA) A member of An Garda Síochána may, without a warrant, arrest any person whom the member believes, on reasonable grounds, to be a person named in an alert.

• (3AB) A person arrested under subsection (3AA) shall—

  • (a) upon the person’s arrest, be informed, in ordinary language, of the reason for the arrest, and

  • (b) as soon as may be after the person’s arrest, be furnished with a copy of the alert.”,

• (c) in subsection (6), by the substitution of “A person arrested under this section shall, other than where the person is arrested under a warrant issued under this section and the warrant is cancelled under subsection (5)” for “A person arrested under a warrant issued under this section shall, unless the warrant is cancelled under subsection (5)”,

• (d) by the substitution of the following subsection for subsection (7):

• “(7) If, within the period of 28 days after such person’s arrest, no such certificate is produced, he shall be released from custody or the terms of his bail.”,

• (e) in subsection (9)—

• (i) in paragraph (a), by the substitution of “issued,” for “issued, or”,

• (ii) in paragraph (b), by the substitution of “refused, or” for “refused.”, and

• (iii) by the insertion of the following paragraph after paragraph (b):

• “(c) that person was arrested under subsection (3AA) and subsequently released from custody or the terms of his or her bail in accordance with subsection (7).”,

• (f) in subsection (11), by the deletion of “under a warrant issued”,

• (g) by the insertion of the following subsection after subsection (11):

• “(11A) Where a person arrested under this section is the subject of an alert, the High Court shall direct the Commissioner of An Garda Síochána to request the SIRENE Bureau concerned to add a flag to the alert where—

  • (a) the person has been remanded on bail,

  • (b) the extradition of the person is prohibited by or refused under any provision of this Part, or

  • (c) the person has been released from custody or the terms of his or her bail in accordance with subsection (7).”,

and

• (h) in subsection (12)—

• (i) by the deletion of the definition of “Council Decision”,

• (ii) in the definition of “Schengen Convention”, by the substitution of “SIS Regulation” for “Council Decision”,

• (iii) in the definition of “SIS”, by the substitution of “SIS Regulation” for “Council Decision”, and

• (iv) by the insertion of the following definitions:

“ ‘flag’ means the addition to an alert by the SIRENE Bureau concerned to the effect that an action to be taken on the basis of the alert in accordance with Article 24, 25 or 26 of the SIS Regulation shall not be taken in the State;

‘SIRENE Bureau’ means the authority designated by the Swiss Confederation or the Principality of Liechtenstein, as the case may be, in accordance with Article 7 of the SIS Regulation to perform the functions referred to in that Article;

‘SIS Regulation’ means Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018³, as amended by Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019⁴, Regulation (EU) 2021/1133 of the European Parliament and of the Council of 7 July 2021⁵, Regulation (EU) 2021/1150 of the European Parliament and of the Council of 7 July 2021⁶ and Regulation (EU) 2022/1190 of the European Parliament and of the Council of 6 July 2022⁷;”.

19. Amendment of section 29A of Act of 1965

19. Section 29A(6) of the Act of 1965 is amended by the substitution of “the period specified in section 27(7)” for “the period of 18 days specified in section 27(7)”.

20. Amendment of section 36 of Act of 1965

20. Section 36(1) of the Act of 1965 is amended—

• (a) by the substitution of “section 26 or 27, or otherwise making an arrest under section 27,” for “section 26 or section 27”, and

• (b) in paragraph (b)(i), by the deletion of “under the warrant”.

PART 7 Amendment of Criminal Justice (Community Service) Act 1983

21. Amendment of Criminal Justice (Community Service) Act 1983

21. The Criminal Justice (Community Service) Act 1983 is amended—

• (a) in section 3—

• (i) in subsection (1)—

• (I) in paragraph (a), by the substitution of “24 months” for “12 months”,

• (II) by the insertion of the following paragraph after paragraph (a):

• “(aa) Where a court considers that a community service order under paragraph (a) should not be made, the court shall give reasons for its decision.”,

and

• (III) in paragraph (b), by the substitution of “24 months” for “12 months”,

• (ii) in subsection (1D), by the substitution of “relevant officer” for “probation officer”, and

• (iii) in subsection (2)(a), by the substitution of “480” for “240”,

• (b) in section 4(1)(a)(ii), by the substitution of “relevant officer” for “probation officer”,

• (c) in section 5(1), by the substitution of “480” for “240”,

• (d) in section 7—

• (i) by the substitution of the following subsection for subsection (2):

• “(2) Subject to section 9, the work to be performed under a community service order shall be performed—

  • (a) where the total number of hours the offender is required to work under that order does not exceed 240 hours, in the period of one year beginning on the date of the order, or

  • (b) where the total number of hours the offender is required to work under that order exceeds 240 hours, in the period of 2 years beginning on the date of the order,

  but, unless revoked, the order shall remain in force until the offender has worked under it for the number of hours specified in it.”,

and

• (ii) in subsection (5), by the substitution of “relevant officer” for “probation officer”,

and

• (e) in section 11(1), by the substitution of “relevant officer” for “probation officer”.

PART 8 Criminal Evidence

22. Amendment of section 10 of Misuse of Drugs Act 1984

22. Section 10 of the Misuse of Drugs Act 1984 is amended—

• (a) in subsection (1), by the substitution of “FSI” for “Forensic Science Ireland of the Department of Justice”, and

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

• “(2) In any proceedings for an offence under section 3 of the Principal Act, the production of a certificate—

  • (a) purporting to be signed by an approved member of An Garda Síochána,

  • (b) relating to an examination, inspection or test, as the case may be, by way of an approved category of applicable drug test, carried out by the member, of a relevant controlled drug or other substance, product or preparation, and

  • (c) specifying—

    • (i) the approved category of applicable drug test concerned, and

    • (ii) the relevant controlled drug or other substance, product or preparation concerned,

    shall, until the contrary is proved, be evidence of any fact thereby stated without proof of any signature thereon or that any such signature is that of the member.

• (3) The Minister for Justice, Home Affairs and Migration, having consulted with the Director of FSI, may by order prescribe a controlled drug for the purposes of paragraph (d) of the definition of relevant controlled drug in subsection (6) where he or she is satisfied that it is appropriate to do so, having regard to—

  • (a) the availability of an examination, inspection or test that is capable of being carried out on a substance, product or preparation in a place other than a laboratory with the purpose of ascertaining whether the controlled drug is present in the substance, product or preparation, and

  • (b) the efficacy, accuracy, usability and safety of any such examination, inspection or test.

• (4) The Director of FSI may, where he or she is satisfied that it is appropriate to do so, having regard to the efficacy, accuracy, usability and safety of a category of applicable drug test, certify, in writing, the category as an approved category of applicable drug test for the purposes of subsection (2).

• (5) The Director of FSI may, where he or she is satisfied that a member of An Garda Síochána—

  • (a) has undertaken appropriate training, provided by FSI, on the administration of applicable drug tests, and

  • (b) is competent in such administration,

  certify, in writing, the member as an approved member of An Garda Síochána for the purposes of subsection (2).

• (6) In this section—

‘applicable drug test’ means an examination, inspection or test that is capable of being carried out on a substance, product or preparation in a place other than a laboratory with the purpose of ascertaining whether a relevant controlled drug is present in the substance, product or preparation;

‘approved category of applicable drug test’ means an applicable drug test certified under subsection (4);

‘approved member of An Garda Síochána’ means a member of An Garda Síochána certified under subsection (5);

‘Director’, in relation to FSI, has the same meaning as it has in the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014;

‘FSI’ means Forensic Science Ireland of the Department of Justice, Home Affairs and Migration;

‘member’, in relation to An Garda Síochána, has the same meaning as it has in the Policing, Security and Community Safety Act 2024 (other than in Part 6 of that Act);

‘relevant controlled drug’ means—

- (a) cannabis,

- (b) cannabis resin,

- (c) cocaine, or

- (d) any other controlled drug prescribed under subsection (3) for the purposes of this definition.”.

23. Amendment of section 19A of Criminal Evidence Act 1992

23. (1) Section 19A of the Act of 1992 is amended—

• (a) in subsection (1)—

• (i) by the insertion of the following definitions:

“ ‘Act of 1950’ means the Nurses Act 1950;

‘Act of 1985’ means the Nurses Act 1985;

‘Act of 2005’ means the Health and Social Care Professionals Act 2005;

‘Act of 2011’ means the Nurses and Midwives Act 2011;

‘applicable record’, in relation to criminal proceedings for a sexual offence, means a child protection record, a counselling record, a medical record or a social work record—

• (a) in relation to which there is a reasonable expectation of privacy,

• (b) which was not compiled for the purposes of, or in contemplation of, the investigation into, or the prosecution of, the sexual offence concerned, and

• (c) whether or not the service the subject of the record was provided for remuneration;

‘child protection’ means an intervention or a series of interventions designed to safeguard children from abuse, neglect, violence, exploitation or harm and to promote their safety, wellbeing and rights;

‘child protection professional’ means a person who has undertaken training or study resulting in a qualification, or who has professional experience, relevant to child protection;

‘child protection record’ means any record, or part of a record, made by any means, by a person who was a child protection professional at the time of the making of the record, in the course of investigating or managing concerns, or carrying out assessments or interventions, in relation to the safety, welfare, or protection of a complainant when the complainant was a child;

‘complainant’ means a person in respect of whom a sexual offence is alleged to have been committed;

‘disclosure application’ has the meaning assigned to it by subsection (2);

‘medical professional’ means—

• (a) a registered medical practitioner,

• (b) a registered nurse, or

• (c) a registered midwife;

‘medical record’ means any record, or part of a record, made by any means, relating to the medical treatment of a complainant by, or ordered or initiated by, a person who was a medical professional at the time of the making of the record;

‘registered medical practitioner’, in relation to a particular point in time, means a person—

• (a) who was a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007,

• (b) whose name was entered in the General Register of Medical Practitioners established under section 26 of the Medical Practitioners Act 1978, or

• (c) who was registered in the Register of Medical Practitioners prepared and established under the Medical Practitioners Act 1927,

at that point in time;

‘registered midwife’, in relation to a particular point in time, means a person whose name was entered in—

• (a) the midwives division of the register of nurses and midwives established under section 46(1) of the Act of 2011,

• (b) the midwives division of the register of nurses established under section 27 of the Act of 1985, or

• (c) the midwives division of the register of nurses maintained under section 41 of the Act of 1950,

at that point in time;

‘registered nurse’, in relation to a particular point in time, means a person—

• (a) whose name was entered in the nurses division of the register of nurses and midwives established under section 46(1) of the Act of 2011,

• (b) other than a registered midwife, whose name was entered in the register of nurses established under section 27 of the Act of 1985,

• (c) other than a registered midwife, whose name was entered in the register of nurses maintained under section 41 of the Act of 1950, or

• (d) who was registered in the register kept in pursuance of the Nurses Registration (Ireland) Act 1919,

at that point in time;

‘social care worker’—

• (a) in relation to a particular point in time prior to the establishment under section 36 of the Act of 2005 of the register of members of the profession of social care worker, means a person who was practising as such and who held a qualification that is listed opposite the profession of social care worker in the third column of Schedule 3 to the Act of 2005 or a qualification that is a corresponding qualification, within the meaning of Part 9 of that Act, to that qualification, or

• (b) in relation to a particular point in time following the establishment of that register, means a person whose name was entered in that register,

at that point in time;

‘social worker’—

• (a) in relation to a particular point in time prior to the establishment under section 36 of the Act of 2005 of the register of members of the profession of social worker, means a person who was practising as such and who held a qualification that is listed opposite the profession of social worker in the third column of Schedule 3 to the Act of 2005 or a qualification that is a corresponding qualification, within the meaning of Part 9 of that Act, to that qualification, or

• (b) in relation to a particular point in time following the establishment of that register, means a person whose name was entered in that register,

at that point in time;

‘social work record’ means any record, or part of a record, made by any means, by a person who was a social worker or social care worker at the time of the making of the record, as part of a professional practice relating to assessing or supporting the welfare of a complainant or any related intervention by the social worker or social care worker.”,

• (ii) in the definition of “counselling”, by the deletion of “(whether or not for remuneration)”, and

• (iii) by the substitution of the following definition for the definition of “counselling record”:

“ ‘counselling record’ means any record, or part of a record, made by any means, by a competent person in connection with the provision of counselling to a complainant;”,

• (b) by the substitution of the following subsections for subsections (2), (3), (4), (5) and (6):

• “(2) Where, in criminal proceedings for a sexual offence, the prosecutor or the accused is of the opinion that an applicable record ought to be disclosed to the accused under subsection (11), the prosecutor or the accused, as the case may be, shall make an application (in this section referred to as a ‘disclosure application’), in writing, to the court stating the reasons grounding the application.

• (3) Where the prosecutor intends to make a disclosure application under subsection (2), he or she shall, not later than the beginning of such period as may be prescribed in rules of court, notify the accused of his or her intention to make the application.

• (4) Where the accused intends to make a disclosure application under subsection (2), he or she shall, not later than the beginning of such period as may be prescribed in rules of court, notify the prosecutor of his or her intention to make the application.

• (5) Where a disclosure application is made under subsection (2), the court shall consider the application and where it is satisfied that the grounds relied upon in the application—

  • (a) establish that the record is likely to be relevant to an issue at trial, the court shall order that a hearing referred to in subsection (8) be held, or

  • (b) do not establish that the record is likely to be relevant to an issue at trial, the court shall refuse the application.

• (6) Where the court orders, under subsection (5)(a), that a hearing referred to in subsection (8) be held—

  • (a) the court may order that the person who has possession or control of the applicable record concerned shall produce the record to the prosecutor not later than the beginning of such period in advance of the hearing as may be prescribed in rules of court, and

  • (b) without prejudice to subsection (7), the prosecutor shall, not later than the beginning of such period as may be prescribed in rules of court, notify the person who has possession or control of the applicable record concerned, the complainant, and any other person to whom the prosecutor believes the applicable record relates of the order of the court under subsection (5)(a) and, where applicable, paragraph (a).”,

• (c) in subsections (7) and (8), by the substitution of “applicable record” for “counselling record” in each place it occurs,

• (d) in subsection (9)—

• (i) by the substitution of “applicable record” for “counselling record”, and

• (ii) by the substitution of “applicable records” for “counselling records”,

• (e) in subsection (10)—

• (i) by the substitution of “applicable record” for “counselling record”, and

• (ii) in paragraph (f), by the substitution of “to engage with the provision of services by a child protection professional, a competent person, a medical professional, a social care worker or a social worker” for “to seek counselling”,

• (f) by the substitution of the following subsection for subsection (11):

• “(11) Subject to subsection (12), a court shall not, after the hearing referred to in subsection (8), order disclosure of the content of the applicable record concerned to the accused, and where applicable, the prosecutor, unless the court is satisfied, having examined the record, that—

  • (a) the record is likely to be relevant to an issue at trial, and

  • (b) one or both of the following apply:

    • (i) there would be a real risk of an unfair trial in the absence of such disclosure;

    • (ii) it is otherwise in the interests of justice to so order.”,

• (g) in subsections (12), (13) and (16), by the substitution of “applicable record” for “counselling record” in each place it occurs, and

• (h) by the deletion of subsection (17).

• (2)
• (a) The amendment of section 19A of the Act of 1992 effected by subsection (1) shall not apply in respect of criminal proceedings for a sexual offence (within the meaning of the said section 19A) that were instituted prior to the coming into operation of subsection (1).

• (b) For the purposes of paragraph (a), criminal proceedings are instituted—

• (i) when a summons or warrant of arrest is issued in respect of an offence,

• (ii) when a person is arrested without a warrant, or

• (iii) when a person is remanded for trial pursuant to Chapter IV of Part V of the Defence Act 1954.

• (3) In this section, “Act of 1992” means the Criminal Evidence Act 1992.

24. Amendment of section 30 of Criminal Justice Act 1999

24. Section 30(1) of the Criminal Justice Act 1999 is amended by the substitution of “a member of garda personnel (within the meaning of the Policing, Security and Community Safety Act 2024, other than Part 6 of that Act) and stating that the member of garda personnel” for “a member of the Garda Síochána and stating that the member”.

25. Repeal of Chapter 3 of Part 2 of Criminal Law (Sexual Offences and Human Trafficking) Act 2024 and transitional provision

25. (1) Chapter 3 of Part 2 of the Criminal Law (Sexual Offences and Human Trafficking) Act 2024 is repealed.

• (2) Notwithstanding the repeal effected by subsection (1), the said Chapter 3 shall continue to have effect in respect of a person convicted of a specified offence referred to in that Chapter where the conviction occurred before the date of the coming into operation of this section.

26. Vouching of character of persons convicted of certain offences

26. (1) Subject to subsection (2), where a person is convicted of an indictable offence and he or she intends to adduce evidence of his or her character for the purpose of the determination by the court of the sentence to be imposed on him or her for the offence, such evidence shall—

• (a) where the evidence is to be given orally before the court, be given on oath, or

• (b) otherwise be given by affidavit.

• (2) Subsection (1) shall apply only in respect of a person who is convicted of an offence referred to in that subsection on or after the date of the coming into operation of this section.

PART 9 Amendment of Criminal Justice (Public Order) Act 1994

27. Amendment of Criminal Justice (Public Order) Act 1994

27. The Criminal Justice (Public Order) Act 1994 is amended—

• (a) by the insertion of the following section after section 8B:

“Failure to comply with direction of member of An Garda Síochána to remove face covering

8C. (1) Where a member of An Garda Síochána finds a person in a public place wearing a face covering on his or her face and suspects, with reasonable cause, that such person is—

• (a) without lawful authority or reasonable excuse, acting in a manner which consists of loitering in a public place in circumstances, which may include the company of other persons, that give rise to a reasonable apprehension for the safety of persons or the safety of property or for the maintenance of public peace, and

• (b) wearing the face covering on his or her face—

  • (i) with intent to intimidate another person, or

  • (ii) in a manner that is likely to intimidate another person,

  the member may direct the person wearing the face covering so suspected to do any or all of the following:

  - (I) desist from acting in such a manner;
  
  - (II) remove the face covering from his or her face;
  
  - (III) leave immediately the vicinity of the place concerned in a peaceable or orderly manner.
  

• (2) It shall be an offence for any person, without lawful authority or reasonable excuse, to fail to comply with a direction given by a member of An Garda Síochána under this section.

• (3) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding €1,000 or to imprisonment for a term not exceeding 6 months or to both.

• (4) In this section, ‘face covering’ means an article of any type, which, when worn by a person, covers the person’s face or part of the person’s face.”,

and

• (b) in section 24(5), by the substitution of “8, 8C, 9A” for “8, 9A”.

PART 10 Certification of Citizenship in Certain Proceedings

28. Amendment of section 60 of Criminal Justice (Theft and Fraud Offences) Act 2001

28. Section 60 of the Criminal Justice (Theft and Fraud Offences) Act 2001 is amended by the substitution of the following subsection for subsection (2):

• “(2) For the purposes of sections 38(1) and 45—

  • (a) a certificate purporting to be signed by an officer of the Minister for Foreign Affairs and Trade and stating that a passport was issued by that Minister of the Government to a person on a specified date, and

  • (b) a certificate purporting to be signed by an officer of the Minister for Justice, Home Affairs and Migration and stating that, to the best of the officer’s knowledge and belief, the person has not ceased to be an Irish citizen,

  shall be admissible in any proceedings, without further proof, as evidence that the person was an Irish citizen on the date on which the offence concerned is alleged to have been committed, unless the contrary is shown.”.

29. Amendment of section 8 of Maritime Security Act 2004

29. Section 8 of the Maritime Security Act 2004 is amended by the substitution of the following subsection for subsection (1):

• “(1) In any proceedings relating to an offence under section 2—

  • (a) a certificate purporting to be signed by an officer of the Minister for Foreign Affairs and Trade and stating that a passport was issued by that Minister of the Government to a person on a specified date, and

  • (b) a certificate purporting to be signed by an officer of the Minister for Justice, Home Affairs and Migration and stating that, to the best of the officer’s knowledge and belief, the person has not ceased to be an Irish citizen,

  is evidence that the person was an Irish citizen on the date on which the offence concerned is alleged to have been committed, unless the contrary is shown.”.

30. Amendment of section 75 of Criminal Justice Act 2006

30. Section 75 of the Criminal Justice Act 2006 is amended—

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

• “(1) In any proceedings for an offence under section 71 or 74—

  • (a) a certificate that is signed by an officer of the Minister for Foreign Affairs and Trade and stating that a passport was issued by that Minister of the Government to a person on a specified date, and

  • (b) a certificate that is signed by an officer of the Minister and stating that, to the best of the officer’s knowledge and belief, the person has not ceased to be an Irish citizen,

  is evidence that the person was an Irish citizen on the date on which the offence concerned is alleged to have been committed, unless the contrary is shown.”,

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

• “(1A) In any proceedings for an offence under section 71, a certificate that is signed by the Director of Public Prosecutions or by a person authorised by him or her and that states any of the matters specified in paragraph (a), (b) or (c) of section 74(3) is evidence of the facts stated in the certificate, unless the contrary is shown.”,

and

• (c) in subsection (2)—

• (i) by the substitution of “subsection (1) or (1A)” for “subsection (1)”, and

• (ii) in paragraph (c), by the substitution of “Minister for Foreign Affairs and Trade, the Minister” for “Minister for Foreign Affairs”.

31. Amendment of section 63 of International Criminal Court Act 2006

31. Section 63 of the International Criminal Court Act 2006 is amended by the substitution of the following subsection for subsection (2):

• “(2) In any proceedings against a person for an offence under this Act—

  • (a) a certificate purporting to be signed by an officer of the Minister for Foreign Affairs and Trade and stating that a passport was issued by that Minister of the Government to the person on a specified date, and

  • (b) a certificate purporting to be signed by an officer of the Minister and stating that, to the best of the officer’s knowledge and belief, the person has not ceased to be an Irish national,

  is admissible, without further proof, as evidence that the person was an Irish national on the date the person is alleged to have committed the offence.”.

32. Amendment of section 14 of Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

32. Section 14 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 is amended by the substitution of the following subsection for subsection (4):

• “(4) In any proceedings for an offence under section 8 committed in the circumstances referred to in section 8(1)(c)(i)—

  • (a) a certificate purporting to be signed by an officer of the Minister for Foreign Affairs and Trade and stating that a passport was issued by that Minister of the Government to a person on a specified date, and

  • (b) a certificate purporting to be signed by an officer of the Minister and stating that, to the best of the officer’s knowledge and belief, the person has not ceased to be an Irish citizen,

  is evidence that the person was an Irish citizen on the date on which the offence is alleged to have been committed, and is taken to have been signed by the person purporting to have signed it, unless the contrary is shown.”.

33. Amendment of Regulation 8 of European Union (Market Abuse) Regulations 2016

33. Regulation 8 of the European Union (Market Abuse) Regulations 2016 (S.I. No. 349 of 2016) is amended by the substitution of the following paragraph for paragraph (4):

• “(4) In any proceedings for an offence under this Regulation—

  • (a) a certificate purporting to be signed by an officer of the Minister for Foreign Affairs and Trade and stating that a passport was issued by that Minister of the Government to a person on a specified date, and

  • (b) a certificate purporting to be signed by an officer of the Minister for Justice, Home Affairs and Migration and stating that, to the best of the officer’s knowledge and belief, the person has not ceased to be an Irish citizen,

  is evidence that the person was an Irish citizen on the date on which the offence is alleged to have been committed, and is taken to have been signed by the person purporting to have signed it, unless the contrary is shown.”.

PART 11 Amendment of European Arrest Warrant Act 2003

34. Definition (Part 11)

34. In this Part, “Act of 2003” means the European Arrest Warrant Act 2003.

35. Application of Part

35. (1) The amendments to the Act of 2003 effected by this Part shall apply to a relevant arrest warrant and a true copy thereof, that is—

• (a) endorsed in accordance with section 13(2) of the Act of 2003,

• (b) produced to the High Court under section 14(4) of the Act of 2003, or

• (c) issued under section 33(1) of the Act of 2003,

on or after the date on which this Part comes into operation.

• (2) In this section, “relevant arrest warrant” and “true copy” have the same meanings, respectively, as they have in the Act of 2003.

36. Amendment of section 13 of Act of 2003

36. Section 13 of the Act of 2003 is amended—

• (a) in subsection (1), by the substitution of “produce, or cause to be produced, the relevant arrest warrant” for “apply, or cause an application to be made,”, and

• (b) in subsection (2), by the substitution of “The High Court shall, in relation to a relevant arrest warrant produced to it under subsection (1)” for “Upon an application under subsection (1), the High Court shall, in relation to a relevant arrest warrant”.

37. Amendment of section 14B of Act of 2003

37. The Act of 2003 is amended by the substitution of the following section for section 14B:

“Warrant for temporary transfer of person to issuing state

14B. (1) The High Court shall, on the grant of an order under section 14A(3)(a), issue a warrant under this section for the temporary transfer of the person the subject of the order out of the State for the purpose of ensuring that that person is heard in the issuing state pursuant to the applicable relevant provisions (within the meaning of section 14A).

• (2) A warrant issued under this section is authority for—

  • (a) where the person the subject of an order under section 14A(3)(a) is remanded in custody or on bail in the State at the time of the making of the order, the taking of that person from the place where he or she is detained or by arrangement where he or she is on bail,

  • (b) the delivering of the person the subject of an order under section 14A(3)(a) into the custody of a person representing the issuing state at a place of departure from the State,

  • (c) the detaining of the person in the issuing state, and

  • (d) where the person the subject of an order under section 14A(3)(a) was remanded in custody in the State immediately before that person was delivered into the custody of a person representing the issuing state, the bringing of the person back to the State and returning him or her to the place where he or she was detained.

• (3) A warrant under this section may not be issued unless an assurance is given by the issuing state that the person the subject of an order under section 14A(3)(a) will not be proceeded against, sentenced, detained or subjected to any other restriction on his or her personal freedom in respect of any offence under the law of the issuing state committed before the person’s departure from the State.

• (4) A person the subject of an order under section 14A(3)(a) is deemed to be in lawful custody when being taken from a place where he or she is detained or to a place where he or she is to be detained under a warrant under this section.

• (5) A person the subject of an order under section 14A(3)(a) who escapes from custody or is unlawfully at large may be arrested without warrant by a member of An Garda Síochána and taken in custody to a place where he or she is to be detained.

• (6) A person (other than a member of An Garda Síochána) who is authorised to have custody of a person the subject of an order under section 14A(3)(a) is deemed to be such a member for the purposes of this section.”.

38. Amendment of section 30A of Act of 2003

38. Section 30A of the Act of 2003 is amended—

• (a) in subsection (1), by the substitution of “the High Court shall, without delay,” for “the High Court shall”, and

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

• “(1A) Where the High Court has requested the consent of a third country under subsection (1), it shall remand a person to whose surrender the consent relates in custody or on bail (and, for that purpose, the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence).”.

39. Amendment of section 35A of Act of 2003

39. Section 35A of the Act of 2003 is amended—

• (a) in subsection (2), by the substitution of “in relation to such detention, upon request of the person concerned and, for that purpose, the High Court shall have the same powers in relation to remand as it would have if the person were brought before it charged with an indictable offence” for “in relation to such detention”, and

• (b) by the insertion of the following subsection after subsection (2):

• “(3) A retrial or appeal referred to in subsection (2) shall commence without delay.”.

40. Amendment of section 45 of Act of 2003

40. Section 45 of the Act of 2003 is amended by the insertion of the following subsection after subsection (2):

• “(3) A request under subsection (2) for a copy of the judgment shall not—

  • (a) extend, suspend or otherwise affect the time limits specified in section 15 or 16 in relation to the person who made the request,

  • (b) warrant the postponement of the surrender, under section 18, of the person who made the request, or

  • (c) operate as a stay on proceedings under this Act relating to the person who made the request.”.

PART 12 Amendment of Criminal Justice Act 2006

41. Amendment of Criminal Justice Act 2006

41. The Criminal Justice Act 2006 is amended—

• (a) in section 99, by the insertion of the following subsection after subsection (1):

• “(1A) Where a person from whom a recognisance referred to in subsection (1) is to be taken is for the time being in custody in a prison, the recognisance may be taken in the prison by the governor of that prison or a prison officer designated for that purpose by that governor.”,

• (b) in section 113(1), by the deletion of the definition of “senior member of the Garda Síochána”,

• (c) in section 115, by the substitution—

• (i) other than in subsection (4), of “member of An Garda Síochána not below the rank of inspector” for “senior member of the Garda Síochána” in each place where it occurs, and

• (ii) in subsection (4), of “member of An Garda Síochána concerned” for “senior member of the Garda Síochána”,

and

• (d) in section 116(2), by the substitution of “member of An Garda Síochána not below the rank of inspector” for “senior member of the Garda Síochána”.

PART 13 Amendment of International Criminal Court Act 2006

42. Definition (Part 13)

42. In this Part, “Act of 2006” means the International Criminal Court Act 2006.

43. Amendment of section 2 of Act of 2006

43. Section 2 of the Act of 2006 is amended—

• (a) in subsection (1)—

• (i) by the substitution of the following definition for the definition of “Statute”: