IE
(LRC Revised)
Statutory Text (1 Articles)
Number 7 of 2008
CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008
REVISED
Updated to 20 May 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 (Mutual Assistance) Act
2008
. 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
Finance (Provision of Access to Cash Infrastructure) Act 2025
(4/2025), enacted 20 May 2025, and all statutory
instruments up to and including the
Criminal Justice (Mutual Assistance) Act 2008 (Designation of the United Arab Emirates)
Order 2025
(S.I. No. 206 of 2025), made 20 May 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
7
of
2008
CRIMINAL JUSTICE (MUTUAL
ASSISTANCE) ACT 2008
REVISED
Updated to 20 May 2025
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title and
commencement.
2. Interpretation
(general).
2A. Application
for purposes of
Part 7B
.
3. General
restriction on providing assistance.
4. Designated
state.
5. Certain
Articles of 2000 Convention and Second Additional Protocol to have force of
law.
6. Requests
(general).
7. Transmission of
evidence to designated state (general).
8. Central
Authority.
9. Spontaneous
exchange of information.
10.
Repeals.
11.
Saving.
PART 2
Information about Financial Transactions for
Criminal Investigation Purposes
12.
Interpretation (
Part 2
).
Information about financial transactions for use in the State
13. Account
information order and account monitoring order.
14. Request to
designated state for information about financial transactions.
Information about financial transactions for use in designated state
15. Request from
designated state for information about financial transactions.
16. Action on
request.
17. Account
information order and account monitoring order on foot of request.
18. Transmission
of information obtained to requesting authority.
19. Requesting
authority to be informed of possible further investigations.
Supplementary
20. Variation or
discharge of account information order or account monitoring order.
21. Offences
under this Part.
PART 3
Interception of Telecommunications Messages
Introductory
22.
Interpretation (
Part 3
).
Requests for interception where technical assistance required
23. Request to
member state for interception.
24. Request to
State for interception.
25. Action on
request.
Notifications of other interceptions
26. Notification
to member state of interception.
27. Notification
by member state of interception.
Miscellaneous
28. Indirect
interception of telecommunications messages.
29. Application
of Act of 1993 in relation to this Part.
30. Amendment of
section 110 of Act of 1983.
PART 4
Freezing, Confiscation and Forfeiture of
Property
Chapter
1
Interpretation
31.
Interpretation (
Part 4
).
Chapter
2
Freezing of Property
32. Freezing
order relating to evidence.
33. Transmission
of freezing order for enforcement outside the State.
34. Transmission
of external freezing orders to State for enforcement.
35. Recognition
and enforcement of external freezing orders.
36. Application,
etc.
, of freezing co-operation orders.
37. Registration
of freezing co-operation orders.
38. Exercise of
powers under this Chapter by High Court or receiver.
39. Receivers
supplementary provisions.
40. Bankruptcy
of defendant, etc.
41. Property
subject to freezing co-operation order dealt with by Official Assignee.
42. Application
of proceeds of realisation.
43. Winding up
of company holding realisable property.
44. Duration of
freezing co-operation order.
45. Variation or
discharge of freezing co-operation order.
46. Refusal to
make freezing co-operation order.
47. Postponement
of freezing co-operation order.
48. Subsequent
treatment of frozen property.
Chapter
3
Confiscation of Property
49. Request for
confiscation of property in designated state.
50. Transmission
to State of external confiscation order.
51. Confiscation
co-operation order.
51A. External
confiscation orders (member states).
51B. Refusal
to confiscate.
51C.
Postponement of confiscation.
51D. Variation
or discharge of confiscation co-operation orders.
51E. Variation
or discharge of external confiscation orders from member states.
51F.
Termination of external confiscation orders from member states.
51G. Central
Authority to inform competent authority.
52. Enforcement,
etc., of confiscation co-operation orders.
53. Realisation
of property subject to confiscation co-operation order.
54. Interest on
sums unpaid under confiscation co-operation orders.
55. Payments
under confiscation co-operation orders to be expressed in euro.
56. Exercise of
powers under this Chapter by High Court or receiver.
57. Application
to confiscation co-operation orders of certain provisions relating to freezing
co-operation orders.
57A.
Application of provisions on enforcement and realisation to execution of external
confiscation order from member states.
Chapter
4
Forfeiture of Property
58. Transmission
of external forfeiture order to designated state for enforcement.
59. Transmission
of external forfeiture order to State for enforcement.
60. Forfeiture
co-operation order.
PART 4A
Financial Penalties
60A.
Interpretation.
60B. Request
for execution of financial penalty order in member state.
60C.
Transmission to State of external financial penalty order.
60D. External
financial penalty orders.
60E. Refusal
to execute external financial penalty order.
60F. Variation
of amount payable under external financial penalty order.
60G.
Termination of execution of external financial penalty order.
60H. Central
Authority to inform competent authority.
60I. Amounts
to accrue to Exchequer.
PART 5
Provision of Evidence
Chapter
1
Interpretation
61.
Interpretation (
Part 5
).
Chapter
2
Taking of Evidence
62. Evidence
from person in designated state.
63. Evidence for
use in designated state.
64. Privilege of
witnesses.
Evidence of prisoners
65. Transfer of
prisoner to give evidence or assist criminal investigation in State.
66. Transfer of
prisoner to give evidence or assist investigation outside State.
Evidence through television link
67. Evidence
through television link for use in State.
68. Request for
evidence through television link for use outside State.
69. Action on
request.
70. Taking of
the evidence.
Evidence by telephone link for use outside State
71. Request for
evidence by telephone link.
72. Taking of
evidence.
Search for Evidence
73. Search for
evidence at place in designated state.
74. Search for
evidence for use outside State (general).
75. Search for
particular evidence for use outside State.
75A. Powers of
officers of Revenue Commissioners.
Chapter
3
Identification evidence
76. Definitions
(
Chapter 3
).
77.
Identification evidence for use in State.
78.
Identification evidence for use outside State.
79. Action on
request.
79A. Request
pursuant to Article 7 of 2008 Council Decision or that Article as applied by 2009
Agreement with Iceland and Norway.
79B.
Application for court order authorising taking of identification evidence from
protected person or child under Act of 2008.
79C. Recording
of supply and receipt of data for requests pursuant to Article 7 of 2008 Council
Decision or that Article as applied by 2009 Agreement with Iceland and Norway.
PART 6
Other Forms of Assistance
Chapter
1
Service of documents
80. Documents
for service outside State.
81. Mode of
service.
82. Service of
documents in State.
Chapter
2
Examining objects and sites
83. Examining
objects and sites.
Chapter
3
Restitution
84. Restitution
of stolen property from designated state.
85. Request to
State for restitution of stolen property.
86. Action on
request.
87. Order for
restitution.
Chapter
4
Controlled deliveries
88.
Interpretation (
Chapter 4
).
89. Controlled
delivery in designated state.
90. Controlled
delivery in State.
91. Amendment of
Garda Síochána Act 2005.
92. Application
of Criminal Justice (Joint Investigation Teams) Act 2004 in relation to controlled
deliveries.
PART 7
Mutual Assistance in Criminal Matters Between the
State and the United States of America
93. Definitions
(
Part 7
).
94. Application
in State of Ireland - US Treaty.
PART 7A
Special Intervention Units
94A.
Interpretation.
94B. Special
intervention unit.
94C. Request
to member state for assistance of special intervention unit in dealing with crisis
situation.
94D. Request
to State for assistance of special intervention unit in dealing with crisis
situation.
94E. Operation
of special intervention unit.
PART 7B
Assistance in Criminal Matters between State and EPPO
Chapter 1
General
94F.
Application of Part.
94G.
Cooperation with EPPO.
94H.
Modification of references for purposes of Part (general).
Chapter 2
Modification of Part 1 for
purposes of Part
94I.
Application of
section 2
for purposes of Part.
94J.
Application of
section 3
for purposes of Part.
94K.
Application of
section 6
for purposes of Part.
94L.
Application of
section 7
for purposes of Part.
94M.
Application of
section 8
for purposes of Part.
94N.
Application of
section 9
for purposes of Part.
Chapter 3
Modification of
Part 2
for purposes of Part
94O.
Application of
section 14
for purposes of Part.
94P.
Application of
section 17
for purposes of Part.
94Q.
Application of
section 20
for purposes of Part.
Chapter 4
Modification of
Part 3
for purposes of Part
94R.
Application of
section 24
for purposes of Part.
94S.
Application of
section 25
for purposes of Part.
94T.
Application of
section 27
for purposes of Part.
94U.
Application of
section 28
for purposes of Part.
Chapter 5
Modification of
Part 4
for purposes of Part
94V.
Modification of reference to competent authority.
94W.
Application of
section 31
for purposes of Part.
94X.
Application of
section 34
for purposes of Part.
94Y.
Application of
section 35
for purposes of Part.
94Z.
Application of
section 42
for purposes of Part.
94AA.
Application of
section 45
for purposes of Part.
94AB.
Application of
section 46
for purposes of Part.
94AC.
Application of
section 47
for purposes of Part.
Chapter 6
Modification of
Part 5
for purposes of Part
94AD.
Application of
section 62
for purposes of Part.
94AE.
Application of
section 63
for purposes of Part.
94AF.
Application of
section 64
for purposes of Part.
94AG.
Application of
section 66
for purposes of Part.
94AH.
Application of
section 67
for purposes of Part.
94AI.
Application of
section 70
for purposes of Part.
94AJ.
Application of
section 73
for purposes of Part.
94AK.
Application of
section 74
for purposes of Part.
94AL.
Application of
section 75
for purposes of Part.
94AM.
Application of
section 78
for purposes of Part.
94AN.
Application of
section 79
for purposes of Part.
94AO.
Application of
section 79A
for purposes of Part.
94AP.
Application of
section 79C
for purposes of Part.
Chapter 7
Modification of
Part 6
for purposes of Part
94AQ.
Application of
section 82
for purposes of Part.
94AR.
Application of
section 83
for purposes of Part.
94AS.
Application of
section 88
for purposes of Part.
Chapter 8
Modification of
Part 8
for purposes of Part
94AT.
Application of
section 97
for purposes of Part.
94AU.
Application of
section 99
for purposes of Part.
94AV.
Application of
section 102
for purposes of Part.
94AW.
Application of
section 103
for purposes of Part.
94AX.
Application of
section 104
for purposes of Part.
PART 8
Miscellaneous
95. Exchange of
information concerning terrorist offences between Europol, Eurojust and member
states.
95A. Eurojust
national member.
96. Application
and amendment of Criminal Justice (Joint Investigation Teams) Act 2004.
97. Presence of
representatives of requesting state at execution of request.
98. Presence of
members of Garda Síochána at execution of request in designated
state.
99. Use of
information or evidence obtained in response to request in designated state.
100.
Disclosure prejudicing investigation.
101. Liability
of officers of body corporate.
102. Evidence
in proceedings (general).
103.
Provisional measures.
104.
Recognition of third party rights.
105. Amendment
of Criminal Justice Act 1994.
106. Amendment
of section 8(7) of Criminal Assets Bureau Act 1996.
107. Personal
data protection.
108. Exercise
of powers by judge of District Court outside district court district.
109.
Regulations.
110.
Expenses.
111. Laying of
orders or regulations before Houses of Oireachtas.
SCHEDULE 1
Text of 2000 Convention
SCHEDULE 2
Text of 2001 Protocol
SCHEDULE 3
Text of Agreement with Iceland
and Norway
SCHEDULE
3A
Text of Agreement between the
European Union and Japan on Mutual Legal Assistance in Criminal Matters
SCHEDULE 4
Text of Articles 49 and 51 of
Schengen Convention
SCHEDULE 5
Text of Framework Decision
SCHEDULE 5A
Text of 2005 Framework
Decision
SCHEDULE 5B
Text of 2006 Framework
Decision
SCHEDULE 6
Text of Title III of EC/Swiss
Confederation Agreement
SCHEDULE 7
Text of 2005 Council Decision
SCHEDULE
7A
Text of the 2008 Council
Decision (special intervention units)
SCHEDULE
7B
Text of 2009 Council Decision
(Repealed)
SCHEDULE
7C
Text of 2018 Regulation
SCHEDULE
7D
Text of Titles VIII and XI of
Part Three of the Trade and Cooperation Agreement
SCHEDULE 8
PART 1
Text of 1959 Convention
PART 2
Text of First Additional Protocol to 1959
Convention
SCHEDULE 9
Text of Second Additional
Protocol to 1959 Convention
SCHEDULE
10
Text of Chapter IV of 2005
Convention
SCHEDULE
10A
Text of Istanbul Convention
SCHEDULE 11
Text of Articles 13, 14, 18,
19 and 20 of the United Nations Convention against Transnational Organised Crime,
done
at New York on 15 November 2000.
SCHEDULE 12
Text of Articles 46, 49, 50
and 54 to 57 of the United Nations Convention against Corruption, done at New York
on 31
October 2003
SCHEDULE 12A
Text of Second Optional Protocol
SCHEDULE 13
Text of EU/US Agreement on
Mutual Legal Assistance
SCHEDULE 14
Text of Ireland/US Treaty of
18 January 2001, as applied by Instrument of 14 July 2005
Acts Referred to
Bail
Act 1997
1997, No. 16
Bankers’ Books
Evidence Act 1879
42 & 43 Vic., c.
11
Bankruptcy Act 1988
1988, No. 27
Central Bank Act 1971
1971, No. 24
Children Act 2001
2001, No. 24
Companies Act 1963
1963, No. 33
Companies Acts 1963 to
2006
Courts
(Supplemental Provisions) Act 1961
1961, No. 39
Criminal Assets Bureau Act 1996
1996, No. 31
Criminal Justice Act 1994
1994, No. 15
Criminal Justice Act 2006
2006, No. 26
Criminal Justice (Joint Investigation Teams) Act 2004
2004, No. 20
Criminal Justice (Miscellaneous Provisions) Act 1997
1997, No. 4
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
Data
Protection Act 1988
1988, No. 25
Data Protection Acts
1988 and 2003
Dentists Act 1985
1985, No. 9
European Arrest Warrant Act 2003
2003, No. 45
Europol Act 1997
1997, No. 38
Extradition Acts 1965
to 2001
Extradition (Amendment) Act 1994
1994, No. 6
Extradition (European Convention on the Suppression of Terrorism) Act
1987
1987, No. 1
Extradition (European Union Conventions) Act 2001
2001, No. 49
Garda
Síochána Act 2005
2005, No. 20
Immigration Act 1999
1999, No. 22
Interception of Postal Packets and Telecommunications Messages (Regulation)
Act 1993
1993, No. 10
Medical Practitioners Act 1978
1978, No. 4
Misuse
of Drugs Act 1977
1977, No. 12
Nurses
Act 1985
1985, No. 18
Official Secrets Act 1963
1963, No. 1
Police (Property) Act
1897
60 & 61 Vic., c.
30
Postal
and Telecommunications Services Act 1983
1983, No. 24
Prisons Act 1970
1970, No. 11
Prisons Act 1972
1972, No. 7
Probation of Offenders
Act 1907
7 Edw. 7., c. 17
Registration of Deeds and Title Act 2006
2006, No. 12
Registration of Deeds
and Title Acts 1964 and 2006
Statutory Declarations Act 1938
1938, No. 37
Transfer of Sentenced Prisoners Act 1995
1995, No. 16
Number
7
of
2008
CRIMINAL JUSTICE (MUTUAL
ASSISTANCE) ACT 2008
REVISED
Updated 7 November 2024
AN ACT—
(
a
) TO ENABLE EFFECT TO BE
GIVEN IN THE STATE TO CERTAIN INTERNATIONAL AGREEMENTS, OR PROVISIONS OF SUCH AGREEMENTS,
BETWEEN THE STATE AND OTHER STATES RELATING TO MUTUAL ASSISTANCE IN CRIMINAL MATTERS;
(
b
) TO REPEAL AND RE-ENACT,
WITH AMENDMENTS, PART VII (INTERNATIONAL CO-OPERATION) OF THE CRIMINAL JUSTICE ACT
1994;
AND TO PROVIDE FOR RELATED MATTERS.
[28
th April
, 2008]
BE IT ENACTED BY THE OIREACHTAS
AS FOLLOWS
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title and
commencement.
2. Interpretation
(general).
2A. Application
for purposes of
Part 7B
.
3. General
restriction on providing assistance.
4. Designated
state.
5. Certain
Articles of 2000 Convention and Second Additional Protocol to have force of
law.
6. Requests
(general).
7. Transmission of
evidence to designated state (general).
8. Central
Authority.
9. Spontaneous
exchange of information.
10.
Repeals.
11.
Saving.
PART 2
Information about Financial Transactions for
Criminal Investigation Purposes
12.
Interpretation (
Part 2
).
Number
7
of
2008