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CRIMINAL JUSTICE ACT 2006
Statutory Text (4 Articles)
SCHEDULE 1 Increase of Certain Penalties under Firearms Acts 1925 to 2000
SCHEDULE 1
Increase of Certain Penalties under Firearms Acts 1925 to 2000
Section 64.
Section of Act
Section of Act
Subject matter
Subject matter
Word(s) deleted
Word(s) deleted
Words substituted
Words substituted
(1)
(1)
(2)
(2)
(3)
(3)
(4)
(4)
Amendment of Firearms Act 1925
Amendment of Firearms Act 1925
12(4)
12(4)
Register to be kept by firearms dealer
Register to be kept by firearms dealer
fifty pounds
fifty pounds
€3,000
€3,000
12(5)
12(5)
twenty-five pounds
twenty-five pounds
€1,500
€1,500
13(2)
13(2)
Inspections of stock of firearms dealer
Inspections of stock of firearms dealer
ten pounds
ten pounds
€1,000 or imprisonment for a term not exceeding 6 months or both
€1,000 or imprisonment for a term not exceeding 6 months or both
21(4)
21(4)
Search for and seizure of certain firearms, etc.
Search for and seizure of certain firearms, etc.
liable on summary conviction thereof in the case of a first offence to a penalty not exceeding ten pounds, and in the case of a second or any subsequent offence to a penalty not exceeding twenty pounds
liable on summary conviction thereof in the case of a first offence to a penalty not exceeding ten pounds, and in the case of a second or any subsequent offence to a penalty not exceeding twenty pounds
liable on summary conviction to a fine not exceeding €1,000 or imprisonment for a term not exceeding 6 months or both
liable on summary conviction to a fine not exceeding €1,000 or imprisonment for a term not exceeding 6 months or both
22(2)
22(2)
Powers of members of Garda Síochána
Powers of members of Garda Síochána
ten pounds
ten pounds
€1,000
€1,000
Amendment of Firearms and Offensive Weapons Act 1990
Amendment of Firearms and Offensive Weapons Act 1990
7(6)(a)
7(6)(a)
Possession, sale, etc. of silencers
Possession, sale, etc. of silencers
£1,000
£1,000
€5,000
€5,000
7(6)(b)
7(6)(b)
five years
five years
7 years
7 years
8(a)
8(a)
Reckless discharge of firearm
Reckless discharge of firearm
£1,000
£1,000
€5,000
€5,000
8(b)
8(b)
five years
five years
7 years
7 years
9(7)(a)
9(7)(a)
Possession of knives, etc.
Possession of knives, etc.
£1,000
£1,000
€5,000
€5,000
9(7)(b)
9(7)(b)
£1,000
£1,000
€5,000
€5,000
10(3)(a)
10(3)(a)
Trespassing with knife, etc.
Trespassing with knife, etc.
£1,000
£1,000
€5,000
€5,000
11(a)
11(a)
Production of article capable of inflicting serious injury
Production of article capable of inflicting serious injury
£1,000
£1,000
€5,000
€5,000
12(3)(a)
12(3)(a)
Power to prohibit manufacture, etc. of offensive weapons
Power to prohibit manufacture, etc. of offensive weapons
£1,000
£1,000
€5,000
€5,000
12(3)(b)
12(3)(b)
five years
five years
7 years
7 years
Amendment of Firearms (Firearm Certificates for Non-Residents) Act 2000
Amendment of Firearms (Firearm Certificates for Non-Residents) Act 2000
3(4)(a)
3(4)(a)
Prohibition of false information and alteration of firearm certificates
Prohibition of false information and alteration of firearm certificates
£1,000
£1,000
€2,500
€2,500
3(4)(b)
3(4)(b)
£10,000
£10,000
€20,000
€20,000
SCHEDULE 2 Increase in Certain Penalties under Explosives Act 1875
SCHEDULE 2
Increase in Certain Penalties under Explosives Act 1875
Section 69.
Section of Act
Section of Act
Subject Matter
Subject Matter
Words deleted
Words deleted
Words substituted
Words substituted
(1)
(1)
(2)
(2)
(3)
(3)
(4)
(4)
4
4
Making explosives in unauthorised place
Making explosives in unauthorised place
to a penalty not exceeding one hundred pounds a day for every day during which he so manufactures
to a penalty not exceeding one hundred pounds a day for every day during which he so manufactures
, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
5
5
Keeping explosives
Keeping explosives
to a penalty not exceeding two shillings for every pound of gunpowder so kept
to a penalty not exceeding two shillings for every pound of gunpowder so kept
, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
9
9
Regulation of explosives factories and magazines
Regulation of explosives factories and magazines
to a penalty not exceeding in the case of the first offence fifty pounds, and in the case of a second or any subsequent offence one hundred pounds, and in addition fifty pounds for every day during which such breach continues
to a penalty not exceeding in the case of the first offence fifty pounds, and in the case of a second or any subsequent offence one hundred pounds, and in addition fifty pounds for every day during which such breach continues
, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
10
10
General rules for factories and magazines
General rules for factories and magazines
to a penalty not exceeding ten pounds, and in addition (in the case of a second offence) ten pounds for every day during which such breach continues
to a penalty not exceeding ten pounds, and in addition (in the case of a second offence) ten pounds for every day during which such breach continues
, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
11
11
Special rules for regulation of workmen in factories or magazines
Special rules for regulation of workmen in factories or magazines
forty shillings
forty shillings
€100
€100
13
13
Devolution and determination of licence
Devolution and determination of licence
twenty shillings
twenty shillings
€50
€50
17
17
General rules for stores
General rules for stores
to a penalty not exceeding ten pounds, and in addition (in the case of a second offence) ten pounds for every day during which such breach continues
to a penalty not exceeding ten pounds, and in addition (in the case of a second offence) ten pounds for every day during which such breach continues
, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
19
19
Special rules for regulation of workmen in stores
Special rules for regulation of workmen in stores
forty shillings
forty shillings
€100
€100
22
22
General rules for registered premises
General rules for registered premises
to a penalty not exceeding two shillings for every pound of gunpowder in respect of which, or being on the premises in which, the offence was committed
to a penalty not exceeding two shillings for every pound of gunpowder in respect of which, or being on the premises in which, the offence was committed
, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
30
30
Restriction on sale of explosives in highways, etc.
Restriction on sale of explosives in highways, etc.
to a penalty not exceeding forty shillings
to a penalty not exceeding forty shillings
, on summary conviction, to a fine not exceeding €2,500 or, on conviction on indictment, to a fine not exceeding €5,000
, on summary conviction, to a fine not exceeding €2,500 or, on conviction on indictment, to a fine not exceeding €5,000
31
31
Sale of explosives to children
Sale of explosives to children
thirteen years
thirteen years
18 years
18 years
to a penalty not exceeding five pounds
to a penalty not exceeding five pounds
, on summary conviction, to a fine not exceeding €2,500 or, on conviction on indictment, to a fine not exceeding €5,000
, on summary conviction, to a fine not exceeding €2,500 or, on conviction on indictment, to a fine not exceeding €5,000
32
32
Explosives to be sold in closed packages labelled
Explosives to be sold in closed packages labelled
to a penalty not exceeding forty shillings
to a penalty not exceeding forty shillings
, on summary conviction, to a fine not exceeding €2,500 or, on conviction on indictment, to a fine not exceeding €5,000
, on summary conviction, to a fine not exceeding €2,500 or, on conviction on indictment, to a fine not exceeding €5,000
33
33
General rules as to packing of explosives for conveyance
General rules as to packing of explosives for conveyance
to a penalty not exceeding twenty pounds
to a penalty not exceeding twenty pounds
on summary conviction, to a fine not exceeding €2,500 or, on conviction on indictment, to a fine not exceeding €5,000
on summary conviction, to a fine not exceeding €2,500 or, on conviction on indictment, to a fine not exceeding €5,000
34
34
Bye-laws by harbour authority
Bye-laws by harbour authority
pecuniary penalties not exceeding twenty pounds for each offence, and ten pounds for each day during which the offence continues
pecuniary penalties not exceeding twenty pounds for each offence, and ten pounds for each day during which the offence continues
on summary conviction, a fine not exceeding €5,000 or, on conviction on indictment, a fine not exceeding €10,000
on summary conviction, a fine not exceeding €5,000 or, on conviction on indictment, a fine not exceeding €10,000
35
35
Bye-laws by railway and canal company
Bye-laws by railway and canal company
pecuniary penalties not exceeding twenty pounds of each offence, and ten pounds for each day during which the offence continues
pecuniary penalties not exceeding twenty pounds of each offence, and ten pounds for each day during which the offence continues
on summary conviction, a fine not exceeding €5,000 or, on conviction on indictment, a fine not exceeding €10,000
on summary conviction, a fine not exceeding €5,000 or, on conviction on indictment, a fine not exceeding €10,000
36
36
Bye-laws as to wharves in which explosives loaded or unloaded
Bye-laws as to wharves in which explosives loaded or unloaded
pecuniary penalties not exceeding twenty pounds for each offence, and ten pounds for each day during which the offence continues
pecuniary penalties not exceeding twenty pounds for each offence, and ten pounds for each day during which the offence continues
on summary conviction, a fine not exceeding €5,000 or, on conviction on indictment, a fine not exceeding €10,000
on summary conviction, a fine not exceeding €5,000 or, on conviction on indictment, a fine not exceeding €10,000
37
37
Byelaws as to conveyance by road or otherwise
Byelaws as to conveyance by road or otherwise
pecuniary penalties not exceeding twenty pounds for each offence, and ten pounds for each day during which the breach continues
pecuniary penalties not exceeding twenty pounds for each offence, and ten pounds for each day during which the breach continues
on summary conviction, a fine not exceeding €5,000 or, on conviction on indictment, a fine not exceeding €10,000
on summary conviction, a fine not exceeding €5,000 or, on conviction on indictment, a fine not exceeding €10,000
40
40
Application of Part I to explosives other than gunpowder
Application of Part I to explosives other than gunpowder
to a penalty not exceeding one hundred pounds, and to a further penalty not exceeding two shillings for every pound of such explosive
to a penalty not exceeding one hundred pounds, and to a further penalty not exceeding two shillings for every pound of such explosive
on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
43
43
Manufacture, etc. of specially dangerous explosives
Manufacture, etc. of specially dangerous explosives
to a penalty not exceeding ten shillings for every pound of such explosive brought in the ship
to a penalty not exceeding ten shillings for every pound of such explosive brought in the ship
on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
to a penalty not exceeding ten shillings for every pound of such explosive delivered or sold or found in his possession
to a penalty not exceeding ten shillings for every pound of such explosive delivered or sold or found in his possession
, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
55
55
Powers of Government inspectors
Powers of Government inspectors
liable to a penalty not exceeding one hundred pounds for each offence
liable to a penalty not exceeding one hundred pounds for each offence
guilty of an offence and liable, on summary conviction, to a fine not exceeding €1,000
guilty of an offence and liable, on summary conviction, to a fine not exceeding €1,000
56
56
Notice to remedy dangerous practices, etc.
Notice to remedy dangerous practices, etc.
to a penalty not exceeding twenty pounds for every day during which he so fails to comply
to a penalty not exceeding twenty pounds for every day during which he so fails to comply
, on summary conviction, to a fine not exceeding €1,000
, on summary conviction, to a fine not exceeding €1,000
63
63
Notice of accidents
Notice of accidents
to a penalty not exceeding twenty pounds
to a penalty not exceeding twenty pounds
, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
66
66
Inquiry into accidents
Inquiry into accidents
shall for every such offence incur a penalty not exceeding ten pounds and in the case of a failure to comply with a requisition for making any return or producing any document, not exceeding ten pounds during every day that such failure continues
shall for every such offence incur a penalty not exceeding ten pounds and in the case of a failure to comply with a requisition for making any return or producing any document, not exceeding ten pounds during every day that such failure continues
is guilty of an offence and liable on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
is guilty of an offence and liable on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
69
69
Duty and power of local authority
Duty and power of local authority
to a penalty not exceeding twenty pounds
to a penalty not exceeding twenty pounds
, on summary conviction, to a fine not exceeding €1,000
, on summary conviction, to a fine not exceeding €1,000
73
73
Search for explosives
Search for explosives
to a penalty not exceeding fifty pounds
to a penalty not exceeding fifty pounds
, on summary conviction, to a fine not exceeding €1,000
, on summary conviction, to a fine not exceeding €1,000
74
74
Seizure and detention of explosives
Seizure and detention of explosives
to a penalty not exceeding fifty pounds
to a penalty not exceeding fifty pounds
, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
77
77
Penalty on and removal of trespassers
Penalty on and removal of trespassers
to a penalty not exceeding five pounds
to a penalty not exceeding five pounds
, on summary conviction, to a fine not exceeding €3,000 or, on conviction on indictment, to a fine not exceeding €5,000
, on summary conviction, to a fine not exceeding €3,000 or, on conviction on indictment, to a fine not exceeding €5,000
to a penalty not exceeding fifty pounds
to a penalty not exceeding fifty pounds
, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000
79
79
Imprisonment for wilful act or neglect endangering life or limb
Imprisonment for wilful act or neglect endangering life or limb
of the case, to imprisonment, with or without hard labour, for a period not exceeding six months
of the case, to imprisonment, with or without hard labour, for a period not exceeding six months
of the case—
of the case—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or both the pecuniary penalty and such imprisonment, or
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or both the pecuniary penalty and such imprisonment, or
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or both the pecuniary penalty and such imprisonment
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or both the pecuniary penalty and such imprisonment
81
81
Forgery and falsification of documents
Forgery and falsification of documents
to imprisonment, with or without hard labour, for a term not exceeding two years
to imprisonment, with or without hard labour, for a term not exceeding two years
on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both or, on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding five years or both
on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both or, on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding five years or both
82
82
Defacing notices
Defacing notices
two pounds
two pounds
€100
€100
SCHEDULE 3
SCHEDULE 3
Section 101.
Offences for the purposes of restriction on movement orders
1 Criminal Justice (Public Order) Act 1994
section 6 (threatening, abusive or insulting behaviour in public place)
section 8 (failure to comply with direction of member of Garda Síochána)
section 11 (entering building, etc., with intent to commit an offence)
section 13 (trespass on building, etc.)
section 16 (affray)
section 19 (assault or obstruction of peace officer)
2 Non-Fatal Offences Against the Person Act 1997
section 2 (assault)
section 3 (assault causing harm)
section 9 (coercion)
section 10 (harassment)
SCHEDULE 4 Minor and Consequential Amendments of Children Act 2001
SCHEDULE 4
Minor and Consequential Amendments of Children Act 2001
Section 158.
Amendment No.
Amendment No.
Section of Act
Section of Act
Amendment
Amendment
1.
1.
4, 5(2), 6
4, 5(2), 6
“, the Minister for Education and Science” deleted.
“, the Minister for Education and Science” deleted.
2.
2.
22, 24(2), 25, 26(1) and (2), 28(2)(a), 30(3)(a), 32, 38(f), 39(3)(i)
22, 24(2), 25, 26(1) and (2), 28(2)(a), 30(3)(a), 32, 38(f), 39(3)(i)
“or anti-social” inserted after “criminal”.
“or anti-social” inserted after “criminal”.
3.
3.
28(2)(c)
28(2)(c)
“or engaging in further anti-social behaviour” inserted after “offences”.
“or engaging in further anti-social behaviour” inserted after “offences”.
4.
4.
31(2)(b), 39(3)(h)
31(2)(b), 39(3)(h)
“or further criminal or anti-social behaviour by the child” after “offences”.
“or further criminal or anti-social behaviour by the child” after “offences”.
5.
5.
54
54
Section deleted.
Section deleted.
6.
6.
71(1)(a)
71(1)(a)
“Parts 8 and 12A” substituted for “Part 8”.
“Parts 8 and 12A” substituted for “Part 8”.
7.
7.
95
95
Definition of “children detention centre” deleted.
Definition of “children detention centre” deleted.
8.
8.
98(h)
98(h)
“or children detention centre” deleted.
“or children detention centre” deleted.
9.
9.
103(1)
103(1)
Paragraph (c) deleted.
Paragraph (c) deleted.
10.
10.
103(1)(e)
103(1)(e)
“or children detention centre” and “or person for the time being in charge of the centre, as appropriate” deleted.
“or children detention centre” and “or person for the time being in charge of the centre, as appropriate” deleted.
11.
11.
142
142
“or children detention centre” deleted.
“or children detention centre” deleted.
12.
12.
143
143
“, in the case of a child under 16 years of age,” deleted.
“, in the case of a child under 16 years of age,” deleted.
13.
13.
145
145
“under 16 years of age” deleted.
“under 16 years of age” deleted.
14.
14.
147
147
Section deleted.
Section deleted.
15.
15.
150
150
Section deleted.
Section deleted.
16.
16.
151(1)
151(1)
“who is between 16 and 18 years of age” deleted.
“who is between 16 and 18 years of age” deleted.
17.
17.
151(2) and 151(3)
151(2) and 151(3)
“children detention school” substituted for “children detention centre”.
“children detention school” substituted for “children detention centre”.
18.
18.
152
152
Section deleted.
Section deleted.
19.
19.
153
153
Section deleted.
Section deleted.
20.
20.
154
154
“, in any children detention centre designated under section 150 of the Children Act, 2001,” deleted.
“, in any children detention centre designated under section 150 of the Children Act, 2001,” deleted.
21.
21.
158
158
“appropriate educational, training and other programmes and facilities” substituted for “educational and training programmes and facilities”.
“appropriate educational, training and other programmes and facilities” substituted for “educational and training programmes and facilities”.
22.
22.
167(4)(c)
167(4)(c)
“Minister for Education and Science” substituted for “Minister for Justice, Equality and Law Reform”.
“Minister for Education and Science” substituted for “Minister for Justice, Equality and Law Reform”.
23.
23.
179
179
“with the consent of the Minister” inserted after “time”.
“with the consent of the Minister” inserted after “time”.
24.
24.
187
187
Section deleted.
Section deleted.
25.
25.
188
188
Section deleted.
Section deleted.
26.
26.
189
189
Section deleted.
Section deleted.
27.
27.
203(3)
203(3)
“Minister and” inserted before “board of management” and “the board’s” deleted.
“Minister and” inserted before “board of management” and “the board’s” deleted.
28.
28.
204(9)
204(9)
“Minister and” inserted before “board of management” and “board’s” deleted.
“Minister and” inserted before “board of management” and “board’s” deleted.
29.
29.
214
214
Subsection (2) deleted.
Subsection (2) deleted.
30.
30.
225(2)
225(2)
“Minister for Justice, Equality and Law Reform” substituted for “Minister for Education and Science”.
“Minister for Justice, Equality and Law Reform” substituted for “Minister for Education and Science”.
31.
31.
263
263
“(a) while in transit to a court from a remand centre or children detention school,” substituted for paragraph (a).
“(a) while in transit to a court from a remand centre or children detention school,” substituted for paragraph (a).
“(c) while awaiting removal pursuant to this Act to a remand centre or children detention school.” substituted for paragraph (c).
“(c) while awaiting removal pursuant to this Act to a remand centre or children detention school.” substituted for paragraph (c).
32.
32.
265
265
“or a place of detention designated under section 150” deleted.
“or a place of detention designated under section 150” deleted.