(LRC Revised)
Statutory Text (1 Articles)
Number 22 of 1984
CRIMINAL JUSTICE ACT 1984
REVISED
Updated to 2 April 2025
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 Justice Act 1984
. 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
Merchant Shipping (Investigation of Marine Accidents) Act 2025
(2/2025), enacted 14 April 2025, and all
statutory instruments up to and including the
Policing, Security and Community Safety Act 2024 (Commencement) Order 2025
(S.I. No. 107 of 2025), made 2 April 2025, were
considered in the preparation of this revision.
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 do 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
22
of
1984
CRIMINAL JUSTICE ACT 1984
REVISED
Updated to 2 April 2025
ARRANGEMENT OF SECTIONS
Section
1.
Commencement.
2.
Duration of certain sections.
3.
Interpretation.
Detention of Arrested Persons in Garda Síochána Custody in Certain Circumstances
4.
Detention after arrest.
4A.
Power to arrest and return person for purpose of continuation of detention.
4B.
Offence of failing to return to Garda Síochána station.
4C.
Regulations regarding suspension of person’s detention under
section 4(3A)
.
5.
Access to solicitor and notification of detention.
5A.
Questioning of persons detained under
section 4
not generally permitted pending access to legal advice.
5B.
Regulations regarding access to solicitor during detention.
6.
Powers of Garda Síochána in relation to detained person.
6A.
Use of reasonable force in certain circumstances.
7.
Regulations regarding treatment of persons in custody.
8.
[
Destruction of fingerprints, palm prints and photographs.
]
8A.
Extension of retention period under
section 8
for fingerprints, palm prints and photographs in certain circumstances.
8B.
Destruction of fingerprints, palm prints and photographs in exceptional circumstances.
8C.
Dismissal of charges, quashing of convictions and determination of proceedings.
8D.
Circumstances in which person to be informed of destruction of fingerprint, palm print
or photograph.
8E.
Application of certain
sections to Police Ombudsman.
8F.
Delegation of functions of Commissioner under certain sections.
8G.
Service of notices.
8H.
Records.
8I.
Application of
sections 8
to
8H
.
9.
Application to persons in custody under section 30 of Offences against the State Act,
1939.
10.
Rearrest.
Offences Committed while on Bail and other Offences
11.
Offences committed while on bail: consecutive sentences.
12.
Increase of aggregate term of imprisonment in certain cases.
13.
Failure to surrender to bail.
14.
Increase of penalties for certain firearms offences.
15.
Withholding information regarding firearms or ammunition.
16.
Withholding information
regarding stolen property, etc.
(Repealed)
17.
Maximum fine on summary conviction of certain indictable offences.
Inferences from Accused's Failure to Account for Certain Matters
18.
Inferences from failure, refusal to account for objects, marks, etc.
19.
Inferences from accused’s presence at a particular place.
19A.
Inferences from failure of accused to mention particular facts.
Trial Procedure
20.
Notice of alibi in trials on indictment.
21.
Proof by written statement.
22.
Proof by formal admission.
23.
Abolition of right of accused to make unsworn statement.
24.
Order of closing speeches.
25.
Majority verdicts.
Miscellaneous
26.
Proceedings after arrest.
27.
Electronic recording of questioning.
28.
Taking of fingerprints,
palmprints or photographs of person dealt with under Probation of
Offenders Act, 1907, or convicted.
29.
Application of Act to courts-martial.
30.
Laying of regulations before Houses of Oireachtas.
31.
Expenses.
32.
Short title.
Acts Referred to
Children Act, 1908
1908, c. 67
Criminal Justice Act, 1951
1951, No. 2
Criminal Justice (Evidence) Act, 1924
1924, No. 37
Criminal Law Act, 1976
1976, No. 32
Criminal Law (Jurisdiction) Act, 1976
1976, No. 14
Criminal Procedure Act, 1865
1865, c. 18
Criminal Procedure Act, 1967
1967, No. 12
Explosive Substances Act, 1883
1883, c. 3
Firearms Act, 1925
1925, No. 17
Firearms Act, 1964
1964, No. 1
Firearms Acts, 1925 to 1971
Misuse of Drugs Act, 1977
1977, No. 12
Offences against the State Act, 1939
1939, No. 13
Probation of Offenders Act, 1907
1907, c. 17
Number
22
of
1984
CRIMINAL JUSTICE ACT 1984
REVISED
Updated to 2 April 2025
AN ACT TO AMEND CRIMINAL LAW AND PROCEDURE. [6
th December
, 1984]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
Section
1.
Commencement.
2.
Duration of certain sections.
3.
Interpretation.
Detention of Arrested Persons in Garda Síochána Custody in Certain Circumstances
4.
Detention after arrest.
4A.
Power to arrest and return person for purpose of continuation of detention.
4B.
Offence of failing to return to Garda Síochána station.
4C.
Regulations regarding suspension of person’s detention under
section 4(3A)
.
5.
Access to solicitor and notification of detention.
5A.
Questioning of persons detained under
section 4
not generally permitted pending access to legal advice.
5B.
Regulations regarding access to solicitor during detention.
6.
Powers of Garda Síochána in relation to detained person.
6A.
Use of reasonable force in certain circumstances.
7.
Regulations regarding treatment of persons in custody.
8.
[
Destruction of fingerprints, palm prints and photographs.
]
8A.
Extension of retention period under
section 8
for fingerprints, palm prints and photographs in certain circumstances.
8B.
Destruction of fingerprints, palm prints and photographs in exceptional circumstances.
8C.
Dismissal of charges, quashing of convictions and determination of proceedings.
8D.
Circumstances in which person to be informed of destruction of fingerprint, palm print
or photograph.
8E.
Application of certain
sections to Police Ombudsman.
8F.
Delegation of functions of Commissioner under certain sections.
8G.
Service of notices.
8H.
Records.
8I.
Application of
sections 8
to
8H
.
9.
Application to persons in custody under section 30 of Offences against the State Act,
1939.
10.
Rearrest.
Offences Committed while on Bail and other Offences
11.
Offences committed while on bail: consecutive sentences.
12.
Increase of aggregate term of imprisonment in certain cases.
13.
Failure to surrender to bail.
14.
Increase of penalties for certain firearms offences.
15.
Withholding information regarding firearms or ammunition.
16.
Withholding information
regarding stolen property, etc.
(Repealed)
17.
Maximum fine on summary conviction of certain indictable offences.
Inferences from Accused's Failure to Account for Certain Matters
18.
Inferences from failure, refusal to account for objects, marks, etc.
19.
Inferences from accused’s presence at a particular place.
19A.
Inferences from failure of accused to mention particular facts.
Trial Procedure
20.
Notice of alibi in trials on indictment.
21.
Proof by written statement.
22.
Proof by formal admission.
23.
Abolition of right of accused to make unsworn statement.
24.
Order of closing speeches.
25.
Majority verdicts.
Miscellaneous
26.
Proceedings after arrest.
27.
Electronic recording of questioning.
28.
Taking of fingerprints,
palmprints or photographs of person dealt with under Probation of
Offenders Act, 1907, or convicted.
29.
Application of Act to courts-martial.
30.
Laying of regulations before Houses of Oireachtas.
31.
Expenses.
32.
Short title.