(LRC Revised)

Number 12 of 1967

CRIMINAL PROCEDURE ACT 1967

REVISED

Updated to 28 February 2022

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Criminal Procedure Act 1967.

It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Maritime Area Planning Act

2021

(50/2021), enacted 23 December 2021, and all statutory instruments up to and

including the

Criminal Procedure Act 2021 (Commencement) Order 2022

(S.I. No. 79

of 2022), made 23 February 2022, were considered in the preparation of this Revised

Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

12

of

1967

CRIMINAL PROCEDURE ACT 1967

REVISED

Updated to 28 February

2022

ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section

1.

Short title.

2.

Commencement.

3.

Repeals.

4.

Prosecutor.

PART IA

Proceedings Relating to Indictable Offences

Section

4A.

Accused to be sent forward for trial.

4B.

Service of documents on accused, etc.

4C.

Additional documents.

4D.

Examination of exhibits.

4E.

Application by accused for dismissal of charge.

4F.

Taking of evidence by District Court.

4G.

Admissibility of deposition or videorecording.

4H.

Legal Aid.

4I.

Power to exclude public.

4J.

Proceedings not to be published or broadcast.

4K.

Witness order.

4L.

Witness summons.

4M.

Amendment of charges.

4N.

Joinder of unrelated charges.

4O.

Correction of defect in charge.

4P.

Transfer of proceedings from Circuit Court to Central Criminal Court.

4Q.

Jurisdiction of Circuit Court to remand accused to alternative circuit and hear applications.

PART II

Guilty Pleas and Other Matters

5.

Procedure.

(repealed)

6.

Documents to be served on accused.

(repealed)

7.

Preliminary examination.

(repealed)

8.

Decision on preliminary examination.

(repealed)

9.

Witness order.

(repealed)

10.

Witness summons.

(repealed)

11.

Additional documents.

(repealed)

12.

Waiver by accused of preliminary examination.

(repealed)

13.

Procedure where accused pleads guilty in District Court to indictable offence.

14.

Further power to take depositions.

(repealed)

15.

Deposition as evidence.

(repealed)

16.

Power to exclude public.

(repealed)

17.

Prohibition of publication of proceedings.

(repealed)

18.

Inclusion of further counts in indictment.

(repealed)

19.

Amendment of Criminal Justice Act, 1951, and Criminal Justice (Legal Aid) Act, 1962.

20.

Consent of Attorney General.

PART III

Remand

21.

Power to remand.

22.

Remand in custody or on bail by the District Court.

23.

Form of recognisance.

24.

Period of remand.

25.

Remand to custody of Garda Síochána.

26.

Acceptance of deposit in lieu of sureties.

27.

Sufficiency of bailsmen.

(repealed)

28.

Provisions as to admission to bail.

29.

Bail in case of treason, murder and certain other offences.

30.

Endorsement on warrants as to release on bail.

(repealed)

31.

Release on bail in certain cases by members of Garda Síochána.

32.

Proceedings to estreat recognisance.

33.

Arrest of accused about to abscond.

(repealed)

PART IV

Miscellaneous

34.

Reference of question of law to Supreme Court.

35.

Amendment of section 52 of Extradition Act, 1965.

36.

Explanation of “imprisonment” in Part III of Extradition Act, 1965.

37.

Offences under the law of Scotland.

(repealed)

38.

Offences under the laws of the Channel Islands.

SCHEDULE

Enactments Repealed

Acts Referred to

Criminal Justice Act, 1951

1951, No. 2

Treason Act, 1939

1939, No. 10

Geneva Conventions Act, 1962

1962, No. 11

Wireless Telegraphy Act, 1926

1926, No. 45

Criminal Justice (Legal Aid) Act, 1962

1962, No. 12

Offences Against the State Act, 1939

1939, No. 13

Defence Act, 1954

1954, No. 18

Official Secrets Act, 1963

1963, No. 1

Extradition Act, 1965

1965, No. 17

Number

12

of

1967

CRIMINAL PROCEDURE ACT 1967

REVISED

Updated to 28 February

2022

AN ACT TO ESTABLISH A NEW PROCEDURE FOR THE PRELIMINARY EXAMINATION OF INDICTABLE

OFFENCES AND FOR THIS AND OTHER PURPOSES TO AMEND CRIMINAL LAW AND ADMINISTRATION.

[13

th June

, 1967]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations

Modifications (not altering text)

C1

Application of Act restricted by

The Courts of Justice Act 1924

(10/1924) s. 79(3) as inserted (15.12.1995) by

Courts and Court Officers Act 1995

(31/1995) s. 41, commenced on enactment.

Exercise by the Justices severally of jurisdictions.

79.

— ...

(3) A judge of the District Court exercising jurisdiction under subsection (2) of

this section shall not have jurisdiction to conduct a preliminary examination under

the provisions of the Criminal Procedure Act, 1967, unless that jurisdiction is exercised

in the District Court District—

(a) where the crime was committed, or

(b) where the accused resides or was arrested.

...

Annotations

Modifications (not altering text)

C1

Application of Act restricted by

The Courts of Justice Act 1924

(10/1924) s. 79(3) as inserted (15.12.1995) by

Courts and Court Officers Act 1995

(31/1995) s. 41, commenced on enactment.

Exercise by the Justices severally of jurisdictions.

79.

— ...

(3) A judge of the District Court exercising jurisdiction under subsection (2) of

this section shall not have jurisdiction to conduct a preliminary examination under

the provisions of the Criminal Procedure Act, 1967, unless that jurisdiction is exercised

in the District Court District—

(a) where the crime was committed, or

(b) where the accused resides or was arrested.

...

PART I

Preliminary

Section

1.

Short title.

2.

Commencement.

3.

Repeals.

4.

Prosecutor.

PART IA

Proceedings Relating to Indictable Offences

Section

4A.

Accused to be sent forward for trial.

4B.

Service of documents on accused, etc.

4C.

Additional documents.

4D.

Examination of exhibits.

4E.

Application by accused for dismissal of charge.

4F.

Taking of evidence by District Court.

4G.

Admissibility of deposition or videorecording.

4H.

Legal Aid.

4I.

Power to exclude public.

4J.

Proceedings not to be published or broadcast.

4K.

Witness order.

4L.

Witness summons.

4M.

Amendment of charges.

4N.

Joinder of unrelated charges.

4O.

Correction of defect in charge.

4P.

Transfer of proceedings from Circuit Court to Central Criminal Court.

4Q.

Jurisdiction of Circuit Court to remand accused to alternative circuit and hear applications.

PART II

Guilty Pleas and Other Matters

5.

Procedure.

(repealed)

6.

Documents to be served on accused.

(repealed)

7.

Preliminary examination.

(repealed)

8.

Decision on preliminary examination.

(repealed)

9.

Witness order.

(repealed)

10.

Witness summons.

(repealed)

11.

Additional documents.

(repealed)

12.

Waiver by accused of preliminary examination.

(repealed)

13.

Procedure where accused pleads guilty in District Court to indictable offence.

14.

Further power to take depositions.

(repealed)

15.

Deposition as evidence.

(repealed)

16.

Power to exclude public.

(repealed)

17.

Prohibition of publication of proceedings.

(repealed)

18.

Inclusion of further counts in indictment.

(repealed)

19.

Amendment of Criminal Justice Act, 1951, and Criminal Justice (Legal Aid) Act, 1962.

20.

Consent of Attorney General.

PART III

Remand

21.

Power to remand.

22.

Remand in custody or on bail by the District Court.

23.

Form of recognisance.

24.

Period of remand.

25.

Remand to custody of Garda Síochána.

26.

Acceptance of deposit in lieu of sureties.

27.

Sufficiency of bailsmen.

(repealed)

28.

Provisions as to admission to bail.

29.

Bail in case of treason, murder and certain other offences.

30.

Endorsement on warrants as to release on bail.

(repealed)

31.

Release on bail in certain cases by members of Garda Síochána.

32.

Proceedings to estreat recognisance.

33.

Arrest of accused about to abscond.

(repealed)

PART IV

Miscellaneous

34.

Reference of question of law to Supreme Court.

35.

Amendment of section 52 of Extradition Act, 1965.

36.

Explanation of “imprisonment” in Part III of Extradition Act, 1965.

37.

Offences under the law of Scotland.

(repealed)

38.

Offences under the laws of the Channel Islands.

SCHEDULE

Enactments Repealed

Number

12

of

1967