IE
(LRC Revised)
Statutory Text (1 Articles)
Number 26 of 2006
CRIMINAL JUSTICE ACT 2006
REVISED
Updated to 31 December 2024
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 2006
. 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
Family Courts Act 2024
(48/2024), enacted 13 November 2024, and all statutory
instruments up to and including the
Physiotherapists Registration Board Application for Registration Bye-Law 2025
(S.I. No. 2 of 2025), made 7 January 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 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
26
of
2006
CRIMINAL JUSTICE ACT 2006
REVISED
Updated to
31 December 2024
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title and
commencement.
2.
Interpretation.
3. Regulations.
4. Expenses.
PART 2
Investigation of Offences
5. Designation of place
as crime scene.
6. Search warrants in
relation to arrestable offences.
7. Power to seize and
retain evidence.
8. Arrestable
offences.
9. Amendment of section
4 of Act of 1984.
10. Amendment of
Criminal Justice (Drug Trafficking) Act 1996.
11. Amendment of
section 42 of Criminal Justice Act 1999.
12. Power of Garda
Síochána to photograph arrested persons.
13. Amendment of Act
of 1984.
14. Amendment of
Criminal Justice (Forensic Evidence) Act 1990.
PART 3
Admissibility of Certain Witness Statements
15. Definitions
(
Part 3
).
16. Admissibility of
certain witness statements.
17. Witness
statements made to members of Garda Síochána.
18. Other witness
statements.
19. Regulations
concerning certain witness statements which are recorded.
20. Amendment of
section 4E of Act of 1967.
PART 4
Appeals in Certain Criminal Proceedings
21. Reference of
question of law to Supreme Court.
22. Decision of Court
of Criminal Appeal final save on certificate of Court, Attorney General or Director
of Public Prosecutions.
23. Amendment of
section 2(2) of Criminal Justice Act 1993.
24. Appeal against
order for costs.
PART 5
Amendment of Firearms Acts
25. Definitions (
Part 5
).
26. Amendment of
section 1 of Principal Act.
27. Amendment of
section 2 of Principal Act.
28. New section 2A in
Principal Act.
29. New section 2B in
Principal Act.
30. Substitution of
section 3 of Principal Act.
31. New section 3A in
Principal Act.
32. Substitution of
section 4 of Principal Act.
33. New section 4A in
Principal Act.
34. New section 4B in
Principal Act.
35. Substitution of
section 5 of Principal Act.
36. Amendment of
section 6 of Principal Act.
37. Amendment of
section 8 of Principal Act.
38. Amendment of
section 9 of Principal Act.
39. Amendment of
section 10 of Principal Act.
40. New section 10A
in Principal Act.
(Repealed)
41. Amendment of
section 11 of Principal Act.
42. Substitution of
section 15 of Principal Act.
43. New section 15A
in Principal Act.
44. Amendment of
section 17 of Principal Act.
45. Substitution of
section 25 of Principal Act.
46. New section 25A
of Principal Act.
47. New section 25B
in Principal Act.
48. New section 25C
in Principal Act.
49. New section 25D
in Principal Act.
50. Substitution of
section 27 of Principal Act.
51. New section 27A
in Principal Act.
Amendment of Firearms Act 1964
52. Amendment of
section 1 of Firearms Act 1964.
53. Substitution of
section 9 of Firearms Act 1964.
54. Amendment of
section 11 of Firearms Act 1964.
55. Amendment of
section 13 of Firearms Act 1964.
56. Amendment of
section 21 of Firearms Act 1964.
57. Substitution of
section 26 of Firearms Act 1964.
58. Substitution of
section 27 of Firearms Act 1964.
59. Substitution of
section 27A of Firearms Act 1964.
60. Substitution of
section 27B of Firearms Act 1964.
61. New section 27C
in Firearms Act 1964.
Amendment of Criminal Justice Act 1984
62. Amendment of
section 15 of Criminal Justice Act 1984.
Amendment of Firearms and Offensive Weapons Act 1990
63. Amendment of
Firearms and Offensive Weapons Act 1990.
64. New section 8A of
Firearms and Offensive Weapons Act 1990.
65. New section 12A
in Firearms and Offensive Weapons Act 1990.
66. Amendment of
section 1 of Firearms (Firearm Certificates for Non-Residents) Act 2000.
67. Amendment of
section 2 of Firearms (Firearm Certificates for Non-Residents) Act 2000.
PART 6
Amendment of Explosives Act 1875
68. Substitution of
section 80 of Explosives Act 1875.
69. Other amendments
of Explosives Act 1875.
PART 7
Organised Crime
70. Interpretation (
Part 7
).
71. Offence of
conspiracy.
71A. Offence of
directing a criminal organisation.
71B. Provisions
with respect to proof of criminal organisation's existence.
72. Organised
crime.
72A. Offences under
this Part: inferences that may be drawn.
73. Commission of
offence for criminal organisation.
74. Proceedings
relating to offences committed outside State.
74A. Aggravating
factor: serious offence committed as part of, or in furtherance of, activities of
criminal organisation.
74B. Exclusion of
evidence in certain circumstances.
75. Evidence in
proceedings under this Part.
76. Liability for
offences by bodies corporate.
77. Double
jeopardy.
78. Amendment of Act
of 1967.
79. Amendment of
Schedule to Bail Act 1997.
PART 8
Misuse of Drugs
80.
Definition.
81. Amendment of
section 15A of Act of 1977.
82. Importation of
controlled drugs in excess of certain value.
83. Supply of
controlled drugs into prisons and places of detention.
84. Amendment of
section 27 of Act of 1977.
85. Amendment of
section 29 of Act of 1977.
86. Amendment of
section 3(1) of Criminal Justice Act 1994.
PART 9
Obligations of Drug Trafficking Offenders to Notify
Certain Information
87. Definitions (
Part 9
).
88. Drug trafficking
offences for purposes of this Part.
89. Persons subject
to the requirements of this Part.
90. Period for which
person is subject to requirements of this Part and related matters.
91. Supply of
information to facilitate compliance with this Part.
92. Notification
requirements.
93. Discharge from
obligation to comply with requirements of this Part.
94. Offences in
connection with notification requirements.
95. Application of
this Part to persons convicted outside State.
96. Certificate as
evidence of person's being subject to requirements of this Part.
97. Proof of foreign
conviction in certain cases.
PART 10
Sentencing
98. Definitions (
Part 10
).
99. Power to suspend
sentence.
100. Imposition of
fine and deferral of sentence.
101. Restriction on
movement order.
102. Electronic
monitoring of restriction on movement order.
103. Variation of
restriction on movement order.
104. Provisions
regarding more than one restriction on movement order.
105. Non-compliance
with restriction on movement order.
106. Amendment of
section 5 of Criminal Justice Act 1951.
107. Documentary
evidence in relation to offenders.
108. Temporary
release of prisoners.
109. Documentary
evidence in relation to prisoners on temporary release.
110. Amendment of
section 2(1) of Criminal Justice Act 1960.
111. Regulations
regarding electronic monitoring devices.
112. Electronic
monitoring.
PART 11
Civil Proceedings in Relation to Anti-Social
Behaviour
113. Interpretation
and application of this Part.
114. Behaviour
warnings.
115. Civil
orders.
116. Appeals
against a civil order.
117.
Offences.
118. Legal
aid.
119. Regulations
(legal aid).
PART 12
Amendment of Children Act 2001
120. Interpretation (
Part 12
).
121. Amendment of
section 2 of Act of 2001.
122. Amendment of
section 3 of Act of 2001.
123. Substitution
of section 18 of Act of 2001.
124. Amendment of
section 19 of Act of 2001.
125. Amendment of
section 23 of Act of 2001.
126. Substitution
of section 48 of Act of 2001.
127. Substitution
of section 49 of Act of 2001.
128. Amendment of
Title to Part 5 of Act of 2001.
129. Substitution
of section 52 of Act of 2001.
130. Amendment of
section 53 of Act of 2001.
131. Amendment of
section 59 of Act of 2001.
132. New section
76A in Act of 2001.
133. New section
76B in Act of 2001.
134. New section
76C in Act of 2001.
135. Substitution
of section 88 of Act of 2001.
136. Amendment of
section 96 of Act of 2001.
137. Change in
title of principal probation and welfare officer.
138. Amendment of
section 91 of Act of 2001.
139. Substitution
of section 93 of Act of 2001.
140. Amendment of
section 136 of Act of 2001.
141. Substitution
of section 149 of Act of 2001.
142. Amendment of
section 155 of Act of 2001.
143. New section
156A in Act of 2001.
144. New section
156B in Act of 2001.
(Repealed)
145. Amendment of
section 157 of Act of 2001.
146. Substitution
of section 159 of Act of 2001.
147. New section
159A in Act of 2001.
148. New section
159B in Act of 2001.
149. Amendment of
section 161 of Act of 2001.
150. Amendment of
section 165 of Act of 2001.
151. Substitution
of section 185 of Act of 2001.
152. Substitution
of section 186 of Act of 2001.
153. New section
186A in Act of 2001.
154. Substitution
of section 198 of Act of 2001.
155. Amendment of
section 215 of Act of 2001.
156. Amendment of
section 227 of Act of 2001.
157. Amendment of
section 230 of Act of 2001.
158. Minor and
consequential amendments of Act of 2001.
PART 13
Anti-Social Behaviour by Children
159. New section
257A in Act of 2001.
160. New section
257B in Act of 2001.
161. New section
257C in Act of 2001.
162. New section
257D in Act of 2001.
163. New section
257E in Act of 2001.
164. New section
257F in Act of 2001.
165. New section
257G in Act of 2001.
166. New section
257H in Act of 2001.
PART 14
Criminal Law Codification Advisory Committee
167. Criminal Law
Codification Advisory Committee.
168. Functions of
Committee.
169. Membership of
Committee.
170. Conditions of
office of members of Committee.
171. Vacancies
among members of Committee.
172. Meetings and
procedure.
173. Programme of
Work of Committee.
174. Funding of
Committee.
175. Report of
Committee.
PART 15
Miscellaneous
176. Reckless
endangerment of children.
177. Restriction of
section 10(4) of Petty Sessions (Ireland) Act 1851.
178. Amendment of
Courts of Justice Act 1924.
179. Amendment of
Courts (Supplemental Provisions) Act 1961.
180. Exercise of
certain powers by judge of District Court outside district court district.
181. Anonymity of
certain witnesses.
182. Information
concerning property held in trust.
183. Possession of
article intended for use in connection with certain offences.
183A. Possession
of monies intended for use in connection with certain offences.
184. Amendment of
Criminal Justice (Public Order) Act 1994.
185. Amendment of
section 19 of Criminal Justice (Public Order) Act 1994.
186. Amendment of
section 1 of Criminal Justice (United Nations Convention Against Torture) Act
2000.
187. Amendment of
Offences Against the State Act 1939.
188. Amendment of
section 5 of Criminal Evidence Act 1992.
189. Amendment of
section 16B(7) of Proceeds of Crime Act 1996.
190. Amendment of
section 14 of Criminal Assets Bureau Act 1996.
191. Amendment of
section 5 of Prevention of Corruption (Amendment) Act 2001.
192. Amendment of
Criminal Justice (Theft and Fraud Offences) Act 2001.
193. Amendment of
section 25 of Petty Sessions (Ireland) Act 1851.
194. Execution of
certain warrants.
195. Imprisonment
or distress and sale of goods on conviction on indictment in default of payment of
fine.
(Repealed)
196. Amendment of
section 6(2)(
a
) of Criminal Law Act 1976.
197. Amendment of
section 13 of the Criminal Law (Insanity) Act 2006.
SCHEDULE 1
Increase of Certain Penalties
under Firearms Acts 1925 to 2000
SCHEDULE 2
Increase in Certain Penalties
under Explosives Act 1875
SCHEDULE 3
Offences for the purposes of
restriction on movement orders
SCHEDULE 4
Minor and Consequential
Amendments of Children Act 2001
Acts Referred to
Bail
Act 1997
1997, No. 16
Child
Care Act 1991
1991, No. 17
Children Act 1908
8 Edw. 7., c. 67
Children Act 2001
2001, No. 24
Courts
(Supplemental Provisions) Act 1961
1961, No. 39
Courts
of Justice Act 1924
1924, No. 10
Courts
of Justice Act 1928
1928, No. 15
Criminal Assets Bureau Act 1996
1996, No. 31
Criminal Evidence Act 1992
1992, No. 12
Criminal Justice Act 1951
1951, No. 2
Criminal Justice Act 1960
1960, No. 27
Criminal Justice Act 1984
1984, No. 22
Criminal Justice Act 1993
1993, No. 6
Criminal Justice Act 1994
1994, No. 15
Criminal Justice Act 1999
1999, No. 10
Criminal Justice (Drug Trafficking) Act 1996
1996, No. 29
Criminal Justice (Forensic Evidence) Act 1990
1990, No. 34
Criminal Justice (Legal Aid) Act 1962
1962, No. 12
Criminal Justice (Miscellaneous Provisions) Act 1997
1997, No. 4
Criminal Justice (Public Order) Act 1994
1994, No. 2
Criminal Justice (Terrorist Offences) Act 2005
2005, No. 2
Criminal Justice (Theft and Fraud Offences) Act 2001
2001, No. 50
Criminal Justice (United Nations Convention Against Torture) Act
2000
2000, No. 11
Criminal Law Act 1976
1976, No. 32
Criminal Law Act 1997
1997, No. 14
Criminal Law (Insanity) Act 2006
2006, No. 11
Criminal Law (Jurisdiction) Act 1976
1976, No. 14
Criminal Law (Rape) (Amendment) Act 1990
1990, No. 32
Criminal Procedure Act
1865
28 & 29 Vic., c.
18
Criminal Procedure Act 1967
1967, No. 12
Education Act 1998
1998, No. 51
European Arrest Warrant Act 2003
2003, No. 45
Explosives Act 1875
38 & 39 Vic., c.
17
Extradition Act 1965
1965, No. 17
Firearms Act 1925
1925, No. 17
Firearms Act 1964
1964, No. 1
Firearms Acts 1925 to
2000
Firearms and Offensive Weapons Act 1990
1990, No. 12
Firearms (Firearm Certificates for Non-Residents) Act 2000
2000, No. 20
Garda
Síochána Act 2005
2005, No. 20
Harbours Act 1946
1946, No. 9
Health Acts 1947 to
2006
Health
and Social Care Professionals Act 2005
2005, No. 27
Immigration Act 2004
2004, No. 1
Local
Government Act 2001
2001, No. 37
Mercantile Marine Act 1955
1955, No. 29
Misuse
of Drugs Act 1977
1977, No. 12
Non-Fatal Offences Against the Person Act 1997
1997, No. 26
Offences Against the State Act 1939
1939, No. 13
Offences Against the
State Acts 1939 to 1998
Petty Sessions
(Ireland) Act 1851
14 & 15 Vic., c.
93
Police (Property) Act
1897
60 & 61 Vic., c.
30
Prevention of Corruption (Amendment) Act 2001
2001, No. 27
Prevention of
Corruption Acts 1889 to 2001
Prisons Act 1970
1970, No. 11
Prisons Acts 1826 to
1980
Proceeds of Crime Act 1996
1996, No. 30
Road
Traffic Act 1961
1961, No. 24
Sex
Offenders Act 2001
2001, No. 18
Statutory Declarations Act 1938
1938, No. 37
Vocational Education Act 1930
1930, No. 29
Wildlife Act 1976
1976, No. 39
Number
26
of
2006
CRIMINAL JUSTICE ACT 2006
REVISED
Updated to
31 December 2024
AN ACT TO AMEND AND EXTEND THE
POWERS OF THE GARDA SÍOCHÁNA IN RELATION TO THE INVESTIGATION OF OFFENCES; TO
AMEND CRIMINAL LAW AND PROCEDURE IN OTHER RESPECTS, INCLUDING PROVISION FOR THE
ADMISSIBILITY IN EVIDENCE OF CERTAIN WITNESS STATEMENTS, AN EXTENSION OF THE CIRCUMSTANCES
IN WHICH THE ATTORNEY GENERAL IN ANY CASE OR, IF HE OR SHE IS THE PROSECUTING AUTHORITY
IN
A TRIAL, THE DIRECTOR OF PUBLIC PROSECUTIONS MAY REFER A QUESTION OF LAW TO THE SUPREME
COURT FOR DETERMINATION OR TAKE AN APPEAL IN CRIMINAL PROCEEDINGS, PROVISION FOR OFFENCES
RELATING TO ORGANISED CRIME, AMENDMENTS TO THE MISUSE OF DRUGS ACT 1977, AN OBLIGATION,
IN
THE INTERESTS OF THE COMMON GOOD, ON PERSONS CONVICTED ON INDICTMENT OF CERTAIN DRUG
TRAFFICKING OFFENCES TO NOTIFY CERTAIN INFORMATION TO THE GARDA SÍOCHÁNA,
PROVISIONS IN RELATION TO SENTENCING, A RESTRICTION OF THE OFFENCES TO WHICH SECTION
10(4)
OF THE PETTY SESSIONS (IRELAND) ACT 1851 APPLIES, AN AMENDMENT OF THE JURISDICTION
OF THE
DISTRICT COURT AND THE CIRCUIT COURT IN CRIMINAL MATTERS, THE IMPOSITION OF FIXED
CHARGES
IN RESPECT OF CERTAIN OFFENCES UNDER THE CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994
AND AN
AMENDMENT OF THE PETTY SESSIONS (IRELAND) ACT 1851 RELATING TO THE ISSUE AND EXECUTION
OF
CERTAIN WARRANTS; TO AMEND THE FIREARMS ACTS 1925 TO 2000 AND THE EXPLOSIVES ACT 1875;
TO
MAKE PROVISION IN RELATION TO ANTI-SOCIAL BEHAVIOUR BY ADULTS AND CHILDREN; TO AMEND
THE
CHILDREN ACT 2001; TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS AN COISTE
COMHAIRLEACH UM CHÓDÚ AN DLÍ CHOIRIÚIL OR, IN THE ENGLISH
LANGUAGE AS, THE CRIMINAL LAW CODIFICATION ADVISORY COMMITTEE AND TO PROVIDE FOR RELATED
MATTERS.
[16
th July
, 2006]
BE IT ENACTED BY THE OIREACHTAS AS
FOLLOWS
Annotations
Modifications (not altering
text)
C1
Terms “probation officer”, “welfare officer” and
“probation and welfare officer” construed (1.10.2011 with retrospective
effect from 19.05.2006) by
Criminal Justice (Community Service) (Amendment) Act
2011
(24/2011), s. 13, in effect as per s. 13(4).
References to Probation and
Welfare Service, etc.
13.
— ...
(2) A person appointed by the
Minister who was before the coming into operation of this section referred to
as—
(a) a probation officer,
(b) a welfare officer, or
(c) a probation and welfare
officer,
shall, on and after that date, be
referred to as a probation officer and, references in any enactment to an officer
referred to in paragraph (a), (b) or (c) shall be construed accordingly.
C2
Functions transferred and references to “Department of
Finance” and “Minister for Finance” construed (29.07.2011) by
Finance (Transfer of Departmental Administration and Ministerial Functions)
Order 2011
(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in
effect as per art. 1(2).
2. (1) The administration and
business in connection with the performance of any functions transferred by this
Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department
of Finance contained in any Act or instrument made thereunder and relating to the
administration and business transferred by paragraph (1) shall, on and after the
commencement of this Order, be construed as references to the Department of Public
Expenditure and Reform.
3. The functions conferred on the
Minister for Finance by or under the provisions of —
(
a
) the enactments
specified in Schedule 1, and
(
b
) the statutory
instruments specified in Schedule 2,
are transferred to the Minister
for Public Expenditure and Reform.
...
5. References to the Minister for
Finance contained in any Act or instrument under an Act and relating to any
functions transferred by this Order shall, from the commencement of this Order, be
construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
Number and
Year
Short Title
Provision
(1)
(2)
(3)
...
...
...
No. 26 of 2006
Criminal Justice
Act 2006
Sections 112,
118(7), 119(3), 170(3)
and 174
...
...
...
C3
Application of collectively cited
Firearms Acts 1925 to 2009
extended by
European Communities (Acquisition and Possession of Weapons and
Ammunition) Regulations 1993
(S.I. No. 362 of 1993), reg. 8, as amended
(29.10.2010) by
European Communities (Acquisition and Possession of Weapons and
Ammunition) (Amendment) Regulations 2010
(S.I. No. 493 of 2010), reg.
3(1)(c), in effect as per reg. 1(3).
Provisions of Firearms Acts and
other Statutes.
8. The provisions of the Firearms
Acts and other relevant statutes, including provisions relating to powers of the
Garda Síochána and Customs Officers, shall extend to a European
Firearms Pass or other document to which these Regulations relate and a reference
in those enactments to a firearm certificate shall, where the context so admits,
include reference to any such document.
...
Annotations
Modifications (not altering
text)
C1
Terms “probation officer”, “welfare officer” and
“probation and welfare officer” construed (1.10.2011 with retrospective
effect from 19.05.2006) by
Criminal Justice (Community Service) (Amendment) Act
2011
(24/2011), s. 13, in effect as per s. 13(4).
References to Probation and
Welfare Service, etc.
13.
— ...
(2) A person appointed by the
Minister who was before the coming into operation of this section referred to
as—
(a) a probation officer,
(b) a welfare officer, or
(c) a probation and welfare
officer,
shall, on and after that date, be
referred to as a probation officer and, references in any enactment to an officer
referred to in paragraph (a), (b) or (c) shall be construed accordingly.
C2
Functions transferred and references to “Department of
Finance” and “Minister for Finance” construed (29.07.2011) by
Finance (Transfer of Departmental Administration and Ministerial Functions)
Order 2011
(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in
effect as per art. 1(2).
2. (1) The administration and
business in connection with the performance of any functions transferred by this
Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department
of Finance contained in any Act or instrument made thereunder and relating to the
administration and business transferred by paragraph (1) shall, on and after the
commencement of this Order, be construed as references to the Department of Public
Expenditure and Reform.
3. The functions conferred on the
Minister for Finance by or under the provisions of —
(
a
) the enactments
specified in Schedule 1, and
(
b
) the statutory
instruments specified in Schedule 2,
are transferred to the Minister
for Public Expenditure and Reform.
...
5. References to the Minister for
Finance contained in any Act or instrument under an Act and relating to any
functions transferred by this Order shall, from the commencement of this Order, be
construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
Number and
Year
Short Title
Provision
(1)
(2)
(3)
...
...
...
No. 26 of 2006
Criminal Justice
Act 2006
Sections 112,
118(7), 119(3), 170(3)
and 174
...
...
...
C3
Application of collectively cited
Firearms Acts 1925 to 2009
extended by
European Communities (Acquisition and Possession of Weapons and
Ammunition) Regulations 1993
(S.I. No. 362 of 1993), reg. 8, as amended
(29.10.2010) by
European Communities (Acquisition and Possession of Weapons and
Ammunition) (Amendment) Regulations 2010
(S.I. No. 493 of 2010), reg.
3(1)(c), in effect as per reg. 1(3).
Provisions of Firearms Acts and
other Statutes.
8. The provisions of the Firearms
Acts and other relevant statutes, including provisions relating to powers of the
Garda Síochána and Customs Officers, shall extend to a European
Firearms Pass or other document to which these Regulations relate and a reference
in those enactments to a firearm certificate shall, where the context so admits,
include reference to any such document.
...
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title and
commencement.
2.
Interpretation.
3. Regulations.
4. Expenses.
PART 2
Investigation of Offences
5. Designation of place
as crime scene.
6. Search warrants in
relation to arrestable offences.
7. Power to seize and
retain evidence.
8. Arrestable
offences.
9. Amendment of section
4 of Act of 1984.
10. Amendment of
Criminal Justice (Drug Trafficking) Act 1996.
11. Amendment of
section 42 of Criminal Justice Act 1999.
12. Power of Garda
Síochána to photograph arrested persons.
13. Amendment of Act
of 1984.
14. Amendment of
Criminal Justice (Forensic Evidence) Act 1990.
PART 3
Admissibility of Certain Witness Statements
15. Definitions
(
Part 3
).
16. Admissibility of
certain witness statements.
17. Witness
statements made to members of Garda Síochána.
18. Other witness
statements.
19. Regulations
concerning certain witness statements which are recorded.
20. Amendment of
section 4E of Act of 1967.
PART 4
Appeals in Certain Criminal Proceedings
21. Reference of
question of law to Supreme Court.
22. Decision of Court
of Criminal Appeal final save on certificate of Court, Attorney General or Director
of Public Prosecutions.
23. Amendment of
section 2(2) of Criminal Justice Act 1993.
24. Appeal against
order for costs.
PART 5
Amendment of Firearms Acts
25. Definitions (
Part 5
).
26. Amendment of
section 1 of Principal Act.
27. Amendment of
section 2 of Principal Act.
28. New section 2A in
Principal Act.
29. New section 2B in
Principal Act.
30. Substitution of
section 3 of Principal Act.
31. New section 3A in
Principal Act.
32. Substitution of
section 4 of Principal Act.
33. New section 4A in
Principal Act.
34. New section 4B in
Principal Act.
35. Substitution of
section 5 of Principal Act.
36. Amendment of
section 6 of Principal Act.
37. Amendment of
section 8 of Principal Act.
38. Amendment of
section 9 of Principal Act.
39. Amendment of
section 10 of Principal Act.
40. New section 10A
in Principal Act.
(Repealed)
41. Amendment of
section 11 of Principal Act.
42. Substitution of
section 15 of Principal Act.
43. New section 15A
in Principal Act.
44. Amendment of
section 17 of Principal Act.
45. Substitution of
section 25 of Principal Act.
46. New section 25A
of Principal Act.
47. New section 25B
in Principal Act.
48. New section 25C
in Principal Act.
49. New section 25D
in Principal Act.
50. Substitution of
section 27 of Principal Act.
51. New section 27A
in Principal Act.
Amendment of Firearms Act 1964
52. Amendment of
section 1 of Firearms Act 1964.
53. Substitution of
section 9 of Firearms Act 1964.
54. Amendment of
section 11 of Firearms Act 1964.
55. Amendment of
section 13 of Firearms Act 1964.
56. Amendment of
section 21 of Firearms Act 1964.
57. Substitution of
section 26 of Firearms Act 1964.
58. Substitution of
section 27 of Firearms Act 1964.
59. Substitution of
section 27A of Firearms Act 1964.
60. Substitution of
section 27B of Firearms Act 1964.
61. New section 27C
in Firearms Act 1964.
Amendment of Criminal Justice Act 1984
62. Amendment of
section 15 of Criminal Justice Act 1984.
Amendment of Firearms and Offensive Weapons Act 1990
63. Amendment of
Firearms and Offensive Weapons Act 1990.
64. New section 8A of
Firearms and Offensive Weapons Act 1990.
65. New section 12A
in Firearms and Offensive Weapons Act 1990.
66. Amendment of
section 1 of Firearms (Firearm Certificates for Non-Residents) Act 2000.
67. Amendment of
section 2 of Firearms (Firearm Certificates for Non-Residents) Act 2000.
PART 6
Amendment of Explosives Act 1875
68. Substitution of
section 80 of Explosives Act 1875.
69. Other amendments
of Explosives Act 1875.
PART 7
Organised Crime
70. Interpretation (
Part 7
).
71. Offence of
conspiracy.
71A. Offence of
directing a criminal organisation.
71B. Provisions
with respect to proof of criminal organisation's existence.
72. Organised
crime.
72A. Offences under
this Part: inferences that may be drawn.
73. Commission of
offence for criminal organisation.
74. Proceedings
relating to offences committed outside State.
74A. Aggravating
factor: serious offence committed as part of, or in furtherance of, activities of
criminal organisation.
74B. Exclusion of
evidence in certain circumstances.
75. Evidence in
proceedings under this Part.
76. Liability for
offences by bodies corporate.
77. Double
jeopardy.
78. Amendment of Act
of 1967.
79. Amendment of
Schedule to Bail Act 1997.
PART 8
Misuse of Drugs
80.
Definition.
81. Amendment of
section 15A of Act of 1977.
82. Importation of
controlled drugs in excess of certain value.
83. Supply of
controlled drugs into prisons and places of detention.
84. Amendment of
section 27 of Act of 1977.
85. Amendment of
section 29 of Act of 1977.
86. Amendment of
section 3(1) of Criminal Justice Act 1994.
PART 9
Obligations of Drug Trafficking Offenders to Notify
Certain Information
87. Definitions (
Part 9
).
88. Drug trafficking
offences for purposes of this Part.
89. Persons subject
to the requirements of this Part.
90. Period for which
person is subject to requirements of this Part and related matters.
91. Supply of
information to facilitate compliance with this Part.
92. Notification
requirements.
93. Discharge from
obligation to comply with requirements of this Part.
94. Offences in
connection with notification requirements.
95. Application of
this Part to persons convicted outside State.
96. Certificate as
evidence of person's being subject to requirements of this Part.
97. Proof of foreign
conviction in certain cases.
PART 10
Sentencing
98. Definitions (
Part 10
).
99. Power to suspend
sentence.
100. Imposition of
fine and deferral of sentence.
101. Restriction on
movement order.
102. Electronic
monitoring of restriction on movement order.
103. Variation of
restriction on movement order.
104. Provisions
regarding more than one restriction on movement order.
105. Non-compliance
with restriction on movement order.
106. Amendment of
section 5 of Criminal Justice Act 1951.
107. Documentary
evidence in relation to offenders.
108. Temporary
release of prisoners.
109. Documentary
evidence in relation to prisoners on temporary release.
110. Amendment of
section 2(1) of Criminal Justice Act 1960.
111. Regulations
regarding electronic monitoring devices.
112. Electronic
monitoring.
PART 11
Civil Proceedings in Relation to Anti-Social
Behaviour
113. Interpretation
and application of this Part.
114. Behaviour
warnings.
115. Civil
orders.
116. Appeals
against a civil order.
117.
Offences.
118. Legal
aid.
119. Regulations
(legal aid).
PART 12
Amendment of Children Act 2001
120. Interpretation (
Part 12
).
121. Amendment of
section 2 of Act of 2001.
122. Amendment of
section 3 of Act of 2001.
123. Substitution
of section 18 of Act of 2001.
124. Amendment of
section 19 of Act of 2001.
125. Amendment of
section 23 of Act of 2001.
126. Substitution
of section 48 of Act of 2001.
127. Substitution
of section 49 of Act of 2001.
128. Amendment of
Title to Part 5 of Act of 2001.
129. Substitution
of section 52 of Act of 2001.
130. Amendment of
section 53 of Act of 2001.
131. Amendment of
section 59 of Act of 2001.
132. New section
76A in Act of 2001.
133. New section
76B in Act of 2001.
134. New section
76C in Act of 2001.
135. Substitution
of section 88 of Act of 2001.
136. Amendment of
section 96 of Act of 2001.
137. Change in
title of principal probation and welfare officer.
138. Amendment of
section 91 of Act of 2001.
139. Substitution
of section 93 of Act of 2001.
140. Amendment of
section 136 of Act of 2001.
141. Substitution
of section 149 of Act of 2001.
142. Amendment of
section 155 of Act of 2001.
143. New section
156A in Act of 2001.
144. New section
156B in Act of 2001.
(Repealed)
145. Amendment of
section 157 of Act of 2001.
146. Substitution
of section 159 of Act of 2001.
147. New section
159A in Act of 2001.
148. New section
159B in Act of 2001.
149. Amendment of
section 161 of Act of 2001.
150. Amendment of
section 165 of Act of 2001.
151. Substitution
of section 185 of Act of 2001.
152. Substitution
of section 186 of Act of 2001.
153. New section
186A in Act of 2001.
154. Substitution
of section 198 of Act of 2001.
155. Amendment of
section 215 of Act of 2001.
156. Amendment of
section 227 of Act of 2001.
157. Amendment of
section 230 of Act of 2001.
158. Minor and
consequential amendments of Act of 2001.
PART 13
Anti-Social Behaviour by Children
159. New section
257A in Act of 2001.
160. New section
257B in Act of 2001.
161. New section
257C in Act of 2001.
162. New section
257D in Act of 2001.
163. New section
257E in Act of 2001.
164. New section
257F in Act of 2001.
165. New section
257G in Act of 2001.
166. New section
257H in Act of 2001.
PART 14
Criminal Law Codification Advisory Committee
167. Criminal Law
Codification Advisory Committee.
168. Functions of
Committee.
169. Membership of
Committee.
170. Conditions of
office of members of Committee.
171. Vacancies
among members of Committee.
172. Meetings and
procedure.
173. Programme of
Work of Committee.
174. Funding of
Committee.
175. Report of
Committee.
PART 15
Miscellaneous
176. Reckless
endangerment of children.
177. Restriction of
section 10(4) of Petty Sessions (Ireland) Act 1851.
178. Amendment of
Courts of Justice Act 1924.
179. Amendment of
Courts (Supplemental Provisions) Act 1961.
180. Exercise of
certain powers by judge of District Court outside district court district.
181. Anonymity of
certain witnesses.
182. Information
concerning property held in trust.
183. Possession of
article intended for use in connection with certain offences.
183A. Possession
of monies intended for use in connection with certain offences.
184. Amendment of
Criminal Justice (Public Order) Act 1994.
185. Amendment of
section 19 of Criminal Justice (Public Order) Act 1994.
186. Amendment of
section 1 of Criminal Justice (United Nations Convention Against Torture) Act
2000.
187. Amendment of
Offences Against the State Act 1939.
188. Amendment of
section 5 of Criminal Evidence Act 1992.
189. Amendment of
section 16B(7) of Proceeds of Crime Act 1996.
190. Amendment of
section 14 of Criminal Assets Bureau Act 1996.
191. Amendment of
section 5 of Prevention of Corruption (Amendment) Act 2001.
192. Amendment of
Criminal Justice (Theft and Fraud Offences) Act 2001.
193. Amendment of
section 25 of Petty Sessions (Ireland) Act 1851.
194. Execution of
certain warrants.
195. Imprisonment
or distress and sale of goods on conviction on indictment in default of payment of
fine.
(Repealed)
196. Amendment of
section 6(2)(
a
) of Criminal Law Act 1976.
197. Amendment of
section 13 of the Criminal Law (Insanity) Act 2006.
SCHEDULE 1
Increase of Certain Penalties
under Firearms Acts 1925 to 2000
SCHEDULE 2
Increase in Certain Penalties
under Explosives Act 1875
SCHEDULE 3
Offences for the purposes of
restriction on movement orders
SCHEDULE 4
Minor and Consequential
Amendments of Children Act 2001
Number
26
of
2006