(LRC Revised)

Number 40 of 1993

CRIMINAL PROCEDURE ACT 1993

REVISED

Updated to 1 August 2023

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 1993

. 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

Wildlife (Amendment) Act

2023

(25/2023), enacted 20 July 2023, and all statutory instruments up to and

including the

Criminal Justice (Miscellaneous Provisions) Act 2023 (Commencement)

Order 2023

(S.I. No. 391 of 2023), made 28 July 2023, 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

40

of

1993

CRIMINAL PROCEDURE ACT 1993

REVISED

Updated to 1 August

2023

ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Review by Court of Criminal Appeal of alleged miscarriage of justice or excessive

sentence.

3.

Jurisdiction of Court of Criminal Appeal in relation to appeals.

4.

Re-trial.

5.

Summary determination.

6.

Application to Courts-Martial Appeal Court.

7.

Petition for grant of pardon.

8.

Committee to inquire into alleged miscarriages of justice.

9.

Compensation for miscarriage of justice.

10.

Uncorroborated confession.

11.

Appeal from Central Criminal

Court.

(Repealed)

12.

Expenses.

13.

Repeals.

14.

Short title.

SCHEDULE

Acts Referred to

Courts of Justice Act, 1924

1924, No. 10

Courts of Justice Act, 1928

1928, No. 15

Courts-Martial Appeals Act, 1983

1983, No. 19

Criminal Justice (Legal Aid) Act, 1962

1962, No. 12

Criminal Procedure Act, 1967

1967, No. 12

Defence Act, 1954

1954, No. 18

Offences Against the State Act, 1939

1939, No. 13

Tribunals of Inquiry (Evidence) Act, 1921

11 Geo. 5., c. 7

Tribunals of Inquiry (Evidence) (Amendment) Act, 1979

1979, No. 3

Number

40

of

1993

CRIMINAL PROCEDURE ACT 1993

REVISED

Updated to 1 August

2023

AN ACT TO PROVIDE FOR JUDICIAL REVIEW OF CERTAIN CONVICTIONS AND SENTENCES, FOR PRESENTATION

OF PETITIONS FOR THE GRANT OF PARDON ON THE GROUNDS OF MISCARRIAGE OF JUSTICE, FOR

PAYMENT OF COMPENSATION BY THE STATE TO OR IN RESPECT OF PERSONS CONVICTED AS A RESULT

OF A MISCARRIAGE OF JUSTICE AND FOR CONNECTED MATTERS. [29

th December

, 1993]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Application of Act

restricted (3.05.2023) by

Criminal Justice (Mutual Recognition of Custodial

Sentences) Act 2023

(3/2023), s. 44(4), S.I. No. 213 of 2023.

Effect of committal

order

44.

— ...

(4) The Criminal Procedure Act

1993 shall not apply to a person in respect of whom an order under section

43(1) has been made, a warrant is issued under section 42(1)(a) or (b) or a

committal order is made in so far as the conviction or sentence imposed in the

issuing state is concerned.

C2

Application of Act

restricted by

Transfer of Sentenced Persons Act 1995

(16/1995), s. 7B(4),

as inserted (3.05.2023) by

Criminal Justice (Mutual Recognition of Custodial

Sentences) Act 2023

(3/2023), s. 62, S.I. No. 213 of 2023.

Effect of committal

order

[7B.

— ...

(4) The Criminal Procedure Act

1993 shall not apply to a person in respect of whom a warrant is issued under

section 7(2) or a committal order is made in so far as the conviction or sentence

imposed in the sentencing state is concerned.

]

C3

Application of Act restricted (1.02.2007) by

Transfer of Execution of Sentences Act 2005

(28/2005), ss. 10(1), 11, S.I. No. 647 of 2006.

Execution of sentence imposed in sentencing country.

10.

—(1) Subject to

subsections (2)

and

(3)

, the High Court may, where a person is—

(

a

) brought before it under

subsection (8)

of

section 8

,

(

b

) brought before it under

subsection (4)

of

section 9

at the same time as the certificate is produced in accordance with the said

subsection (4)

, or

(

c

) before the High Court, by reason of having been remanded under the said subsection

(4), at the same time as, or at any time after, the certificate is produced in accordance

with the said

subsection (4)

,

make an order committing the person to a prison

[

...

]

for a period equal to—

(i) in the case of a person who fled from the sentencing country before he or she

began serving the sentence concerned, the period of the sentence less the deductible

period, or

(ii) in the case of a person who served part of the sentence concerned but fled from

the sentencing country before he or she completed serving that sentence, the period

of the sentence that remains unserved less the deductible period.

...

Criminal Procedure Act 1993 disapplied.

11.

—The Criminal Procedure Act 1993 shall not apply to a person to whom an order under

subsection (1)

of

section 10

applies.

C4

Application of Act restricted (17.07.1995) by

Transfer of Sentenced Person Act 1995

(16/1995), s. 7(9), commenced on enactment.

Issue of warrants for bringing of persons into State.

7.

— ...

(9) The Criminal Procedure Act, 1993, shall not apply to a person in respect of whom

a warrant is issued under this section.

Annotations

Modifications (not altering text)

C1

Application of Act

restricted (3.05.2023) by

Criminal Justice (Mutual Recognition of Custodial

Sentences) Act 2023

(3/2023), s. 44(4), S.I. No. 213 of 2023.

Effect of committal

order

44.

— ...

(4) The Criminal Procedure Act

1993 shall not apply to a person in respect of whom an order under section

43(1) has been made, a warrant is issued under section 42(1)(a) or (b) or a

committal order is made in so far as the conviction or sentence imposed in the

issuing state is concerned.

C2

Application of Act

restricted by

Transfer of Sentenced Persons Act 1995

(16/1995), s. 7B(4),

as inserted (3.05.2023) by

Criminal Justice (Mutual Recognition of Custodial

Sentences) Act 2023

(3/2023), s. 62, S.I. No. 213 of 2023.

Effect of committal

order

[7B.

— ...

(4) The Criminal Procedure Act

1993 shall not apply to a person in respect of whom a warrant is issued under

section 7(2) or a committal order is made in so far as the conviction or sentence

imposed in the sentencing state is concerned.

]

C3

Application of Act restricted (1.02.2007) by

Transfer of Execution of Sentences Act 2005

(28/2005), ss. 10(1), 11, S.I. No. 647 of 2006.

Execution of sentence imposed in sentencing country.

10.

—(1) Subject to

subsections (2)

and

(3)

, the High Court may, where a person is—

(

a

) brought before it under

subsection (8)

of

section 8

,

(

b

) brought before it under

subsection (4)

of

section 9

at the same time as the certificate is produced in accordance with the said

subsection (4)

, or

(

c

) before the High Court, by reason of having been remanded under the said subsection

(4), at the same time as, or at any time after, the certificate is produced in accordance

with the said

subsection (4)

,

make an order committing the person to a prison

[

...

]

for a period equal to—

(i) in the case of a person who fled from the sentencing country before he or she

began serving the sentence concerned, the period of the sentence less the deductible

period, or

(ii) in the case of a person who served part of the sentence concerned but fled from

the sentencing country before he or she completed serving that sentence, the period

of the sentence that remains unserved less the deductible period.

...

Criminal Procedure Act 1993 disapplied.

11.

—The Criminal Procedure Act 1993 shall not apply to a person to whom an order under

subsection (1)

of

section 10

applies.

C4

Application of Act restricted (17.07.1995) by

Transfer of Sentenced Person Act 1995

(16/1995), s. 7(9), commenced on enactment.

Issue of warrants for bringing of persons into State.

7.

— ...

(9) The Criminal Procedure Act, 1993, shall not apply to a person in respect of whom

a warrant is issued under this section.

Section

1.

Interpretation.

2.

Review by Court of Criminal Appeal of alleged miscarriage of justice or excessive

sentence.

3.

Jurisdiction of Court of Criminal Appeal in relation to appeals.

4.

Re-trial.

5.

Summary determination.

6.

Application to Courts-Martial Appeal Court.

7.

Petition for grant of pardon.

8.

Committee to inquire into alleged miscarriages of justice.

9.

Compensation for miscarriage of justice.

10.

Uncorroborated confession.

11.

Appeal from Central Criminal

Court.

(Repealed)

12.

Expenses.

13.

Repeals.

14.

Short title.

SCHEDULE

Number

40

of

1993