Criminal Justice (Perjury and Related Offences) Act 2021
In short
This law creates new offences related to lying under oath or making false statements, aiming to strengthen the integrity of legal and other formal proceedings. It defines and criminalises perjury, subornation of perjury, and the fabrication of evidence.
What it regulates
- The act of giving false statements under oath in judicial or other proceedings.
- The act of causing another person to commit perjury.
- The making of false statements on oath outside of formal proceedings.
- The creation of false statutory declarations and other false statements without an oath.
- The act of fabricating evidence.
Who it concerns
- Anyone giving statements as a witness or interpreter in judicial or other proceedings.
- Anyone making statements on affidavit or in a statement of truth.
- Anyone making false statements on oath or false statutory declarations.
- Anyone who fabricates evidence or incites others to commit these offences.
Key points
- Perjury occurs when a person gives a false, material statement in a judicial or other proceeding, knowing it to be false, while lawfully sworn, on affidavit, or in a statement of truth.
- "Judicial or other proceeding" includes proceedings before a court, tribunal (including inquiries or investigations), or any person legally empowered to hear evidence on oath.
- "Oath" includes affirmation or declaration for those allowed by law to use them instead of swearing.
- "Affidavit" includes declarations for those allowed by law to declare instead of swearing.
Legal text
Criminal Justice (Perjury and Related Offences) Act 2021 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.
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- s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2021 Criminal Justice (Perjury and Related Offences) Act 2021 Criminal Justice (Perjury and Related Offences) Act 2021 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 13 of 2021 Criminal Justice (Perjury and Related Offences) Act 2021 CONTENTS 1. Definitions and Application 2. Perjury 3. Subornation of perjury 4. References to perjury or subornation of perjury 5. False statements on oath made otherwise than in judicial or other proceedings 6. False statutory declarations and other false statements without oath 7. Fabrication of evidence 8. Incitement to commit offence 9. Corroboration 10. Proof of certain proceedings on which perjury is assigned 11. Form of oath and perjury, etc. 12. Penalties 13. Liability of directors and officers of corporate bodies 14. Proceedings for offences 15. Savings 16. Repeals and amendments 17. Short title and commencement SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 Amendments to Relevant Acts Acts Referred to Anchors and Chain Cables Act 1899 (62 & 63 Vict.) c. 23 Arterial Drainage Act 1925 (No. 33) Assurance Companies Act 1909 (9 Edw. 7) c. 49 Attachment of Goods (Ireland) Act 1850 (13 & 14 Vict.) c. 73 Bail Act 1997 (No. 16) Bankruptcy Act 1988 (No. 27) Barrow Drainage Act 1927 (No. 26) Bills of Sale (Ireland) Act 1879 (42 & 43 Vict.) c. 50 Bills of Sale (Ireland) Acts 1879 and 1883 Cemeteries Clauses Act 1847 (10 & 11 Vict.) c. 65 Central Bank Act 1942 (No. 22) Chancery and Common Law Offices (Ireland) Act 1867 (30 & 31 Vict.) c. 129 Chancery Taxing Master (Ireland) Act 1845 (8 & 9 Vict.) c. 115 Checkweighing in Various Industries Act 1919 (9 & 10 Geo. 5) c. 51 Child Abduction and Enforcement of Custody Orders Act 1991 (No. 6) Children Act 1997 (No. 40) Children Act 2001 (No. 24) Church Temporalities Act 1833 (3 & 4 Will.) c. 37 Civil Bill Courts (Ireland) Act 1851 (14 & 15 Vict.) c. 57 Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (No. 13) Civil Procedure Act 1833 (3 & 4 Will.) c. 42 Civil Registration Act 2004 (No. 3) Coast Protection Act 1963 (No. 12) Commission to Inquire into Child Abuse Act 2000 (No. 7) Commissioners For Oaths (Ireland) Act 1872 (35 & 36 Vict.) c. 75 Commissioners For Oaths Act 1889 (52 & 53 Vict.) c. 10 Common Law Procedure (Ireland) Act 1821 (1 & 2 Geo. 4) c. 53 Common Law Procedure Amendment Act (Ireland) 1856 (19 & 20 Vict.) c. 102 Companies Act 2014 (No. 38) Convict Prisons (Ireland) Act 1854 (17 & 18 Vict.) c. 76 Cork Harbour Act 1933 (No. 1P) Court of Justice of the European Communities (Perjury) Act 1975 (No. 12) Criminal Evidence Act 1992 (No. 12) Criminal Jurisdiction Act 1802 (42 Geo. 3) c. 85 Criminal Justice (Mutual Assistance) Act 2008 (No. 7) Criminal Justice Act 1951 (No. 2) Criminal Law (Insanity) Act 2006 (No. 11) Criminal Law (Jurisdiction) Act 1976 (No. 14) Criminal Procedure Act 1851 (14 & 15 Vict.) c. 100 Criminal Procedure Act 2010 (No. 27) Debtors (Ireland) Act 1840 (3 & 4 Vict.) c. 105 Diplomatic and Consular Officers (Provision of Services) Act 1993 (No. 33) Dublin Carriage Act 1853 (16 & 17 Vict.) c. 112 Dublin Police Magistrates Act 1808 (48 Geo. 3.) c. 140 Dundalk Harbour and Port Act 1925 (No. 3P) Electoral Act 1992 (No. 23) Electricity (Supply) Act 1927 (No. 27) Employment Permits Act 2006 (No. 16) Endowed Schools (Ireland) Act 1813 (53 Geo. 3) c. 107 Ethics in Public Office Act 1995 (No. 22) European Parliament Elections Act 1997 (No. 2) Evidence (Ireland) Act 1815 (55 Geo. 3.) c. 157 Evidence By Commission Act 1859 (22 Vict.) c. 20 Evidence on Commission Act 1831 (1 Will. 4.) c. 22 Explosive Substances Act 1883 (46 & 47 Vic.) c. 3 Extradition Act 1965 (No. 17) Financial Services and Pensions Ombudsman Act 2017 (No. 22) Fines Act (Ireland) 1851 (14 & 15 Vict.) c. 90 Fishery Harbour Centres Act 1968 (No. 18) Foreign Marriage Act 1892 (55 & 56 Vict.) c. 23 Foreign Tribunals Evidence Act 1856 (19 & 20 Vict.) c. 113 Friendly Societies Act 1896 (59 & 60 Vict., c. 25) Friendly Societies Act 1896 (59 & 60 Vict.,) c. 25 Friendly Societies Act 1896 (59 & 60 Vict.) c. 25 Friendly Societies Acts 1896 to 2018 Galway Harbour Act 1935 (No. 2P) Gas Act 1976 (No. 30) Gasworks Clauses Act 1847 (10 & 11 Vict.) c. 15 General Prisons (Ireland) Act 1877 (40 & 41 Vict.) c. 49 Government Annuities Act 1853 (16 & 17 Vict.) c. 45 Government Annuities Act 1882 (45 & 46 Vict.) c. 51 Harbours, Docks, and Piers Clauses Act 1847 (10 & 11 Vict.) c. 27 Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 (No. 33) Industrial Alcohol Act 1938 (No. 23) Industrial and Provident Societies Act 1893 (56 & 57 Vict.) c. 39 Industrial and Provident Societies Acts 1893 to 2018 Insurance Acts 1909 to 2018 Interpretation Act 2005 (No. 23) Judicial Council Act 2019 (No. 33) Lands Clauses Consolidation Act 1845 (9 Vict.) c. 18 Law of Distress Amendment Act 1908 (8 Edw. 7) c. 53 Limerick Harbour Act 1926 (No. 2P) Limited Partnerships Act 1907 (7 Edw. 7) c. 24 Local Elections (Petitions and Disqualifications) Act, 1974 (No. 8) Maintenance and Embracery Act 1540 (32 Hen. 8) c. 9 Maintenance and Embracery Act 1634 (10 Chas. 1) c. 15 Markets and Fairs Clauses Act 1847 (10 & 11 Vict.) c. 14 Marriage With Foreigners Act 1906 (6 Edw. 7) c. 40 Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870 (33 & 34 Vict.) c. 110 Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1871 (34 & 35 Vict.) c. 49 Medical Act 1858 (21 & 22 Vict.) c. 90 Mental Health Act 2001 (No. 25) Oaths Act 1838 (1 & 2 Vict.) c. 105 Oaths Act 1888 (51 & 52 Vict.) c. 46 Patents Act 1992 (No. 1) Pensions Commutation Act 1871 (34 & 35 Vict.) c. 36 Perjury Act 1586 (28 Eliz.) c. 1 Perjury Act 1729 (3 Geo. 2) c. 4 Perpetuation of Testimony Act 1842 (5 & 6 Vict.) c. 69 Petty Sessions (Ireland) Act 1851 (14 & 15 Vict.) c. 93 Piracy Act 1850 (13 & 14 Vict.) c. 26 Probate Duty (Ireland) Act 1816 (56 Geo. 3) c. 56 Proceeds of Crime Act 1996 (No. 30) Public Health (Ireland) Act 1878 (41 & 42 Vict.) c. 52 Public Works (Ireland) Act 1831 (1 & 2 Will. 4) c. 33 Public Works Loans Act 1875 (38 & 39 Vict.) c. 89 Quakers and Moravians Act 1833 (3 & 4 Will. 4) c. 49 Quakers and Moravians Act 1838 (1 & 2 Vict.4) c. 77 Railway Regulation Act 1840 (3 & 4 Vict.) c. 97 Railways Clauses Consolidation Act 1845 (8 & 9 Vict.) c. 20 Redundancy Payments Act 1967 (No. 21) Referendum Act 1994 (No. 12) Regulation of Railways Act 1868 (31 & 32 Vict.) c. 119 Regulation of Railways Act 1871 (34 & 35 Vict.) c. 78 Residential Institutions Redress Act 2002 (No. 13) River Owenmore Drainage Act 1926 (No. 3) Shops (Hours of Trading) Act 1938 (No. 3) Slave Trade Act 1873 (36 & 37 Vict.) c. 88 Social Welfare Consolidation Act 2005 (No. 26) Solicitors (Amendment) Act 1960 (No. 37) Statutory Declarations Act 1835 (5 & 6 Will. 4) c. 52 Statutory Declarations Act 1938 (No. 37) Taxes Consolidation Act 1997 (No. 39) Town Police Clauses Act 1847 (10 & 11 Vict.) c. 89 Tumultuous Risings Act 1775 (15 & 16 Geo. 3.) c. 21 Turf Development Act 1946 (No. 10) Valuation Act 2001 (No. 13) Vexatious Indictments Act 1859 (22 & 23 Vict.) c. 17 Number 13 of 2021 CRIMINAL JUSTICE (PERJURY AND RELATED OFFENCES) ACT 2021 An Act to provide for offences relating to perjury, subornation of perjury, the making of certain false statements, the fabrication of evidence and other related matters; for those purposes to amend certain enactments; and to provide for related matters. [21st June, 2021] Be it enacted by the Oireachtas as follows: Definitions and Application 1.
- a)court, (
- b)tribunal, including a tribunal of inquiry or a commission of investigation, or (
- c)person having by law power to hear, receive and examine evidence on oath; “oath”, in the case of a person for the time being allowed by law to affirm or declare instead of swearing, includes affirmation or declaration; “perjury” shall, except where the context otherwise requires, be construed in accordance with section 2
- a)while lawfully sworn as a witness or as an interpreter, (
- b)on affidavit, or (
- c)in a statement of truth made in place of an affidavit in accordance with section 21 of the Act of 2020, that is false, and he or she knows to be false.
- a)within the State for the purposes of a proceeding outside the State and such proceeding corresponds to a judicial or other proceeding in the State, or (
- b)outside the State for the purposes of a judicial or other proceeding within the State, the statement shall be treated for the purposes of this Act as a statement made in such a manner in, or for the purpose of, a judicial or other proceeding in the State.
- a)is false in any material aspect, and (
- b)he or she knows to be false, commits an offence. False statutory declarations and other false statements without oath 6.
- a)a statutory declaration; (
- b)a statement of truth made in place of a statutory declaration in accordance with section 21 of the Act of 2020; (
- c)an abstract, account, balance sheet, book, certificate, declaration, entry, estimate, inventory, notice, report, return, or other document which the person is authorised or required to make, attest, or verify, by or under any enactment; (
- d)any oral declaration or oral answer which the person is required to make by, under, or in pursuance of any enactment.
- a)fabricates evidence by any means other than as provided for in respect of perjury or subornation of perjury, or (
- b)knowingly makes use of such fabricated evidence. Incitement to commit offence 8. A person commits an offence if he or she incites another person to commit an offence under this Act. Corroboration 9. A person accused of an offence under this Act, or of any offence declared by any other Act— (
- a)to be perjury or subornation of perjury, or (
- b)to be punishable as perjury or subornation of perjury, shall not be liable to be convicted of that offence upon the evidence of one witness only unless that evidence is corroborated in some material particular by evidence that implicates the person so accused. Proof of certain proceedings on which perjury is assigned 10. On a prosecution— (
- a)for perjury alleged to have been committed on the trial of an indictment, or (
- b)for subornation of perjury in respect of perjury alleged to have been committed on any such trial, the fact of the former trial shall be sufficiently proved by the production of a certificate containing the substance and effect (omitting the formal parts) of the indictment and trial purporting to be signed by the registrar of the court concerned, or other person having the custody of the records of the court where the indictment was tried, or by the deputy of that registrar or such other person, without proof of the signature or official character of the person appearing to have signed the certificate. Form of oath and perjury, etc. 11. For the purposes of this Act, the forms and ceremonies used in administering an oath are immaterial, if— (
- a)the court or person before whom the oath is taken has power to administer an oath for the purpose of verifying the statement in question, and (
- b)if the oath has been administered in a form and with ceremonies which the person taking the oath has accepted without objection or has declared to be binding on him or her. Penalties 12. A person who commits an offence under this Act is liable— (
- a)on summary conviction, to a class B fine or to imprisonment for a term not exceeding 12 months, or both, or (
- b)on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 10 years, or both. Liability of directors and officers of corporate bodies 13.
- a)at any time within 12 months from the date on which the offence was committed, or (
- b)at any time within 6 months from the date on which evidence that, in the opinion of the person by whom such proceedings are brought, is sufficient to justify the bringing of proceedings, comes to such person’s knowledge, whichever is the later, but no such proceedings shall be commenced later than 3 years from the date on which the offence concerned was committed. Savings 15.
- a)an offence under section 5 or 6 of this Act, and (
- b)an offence that is punishable on summary conviction only under another enactment that came into operation before the coming into operation of this Act, a person shall be liable to be proceeded against for such an offence under the other enactment only.
- Foreign Tribunals Evidence Act 1856, section 3
- Public Works Loans Act 1875, section 44
- General Prisons (Ireland) Act 1877, section 11
- Dundalk Harbour and Port Act 1925, section 73
- Court of Justice of the European Communities (Perjury) Act 1975, section 1
- Gas Act 1976, Second Schedule, Article 7
- Diplomatic and Consular Officers (Provision of Services) Act 1993, section 6
- Children Act 1997, section 21
- Tumultuous Risings Act 1775, sections 16 and 22
- Dublin Police Magistrates Act 1808, sections 57 and 124
- Evidence (Ireland) Act 1815, section 8
- Evidence on Commission Act 1831, section 7
- Church Temporalities Act 1833, section 123
- Civil Procedure Act 1833, section 23
- Debtors (Ireland) Act 1840, section 78
- Perpetuation of Testimony Act 1842, section 1
- Lands Clauses Consolidation Act 1845, section 149
- Railways Clauses Consolidation Act 1845, section 160
- Markets and Fairs Clauses Act 1847, section 57
- Gasworks Clauses Act 1847, section 44
- Harbours, Docks, and Piers Clauses Act 1847, section 96
- Cemeteries Clauses Act 1847, section 65
- Town Police Clauses Act 1847, section 76
- Attachment of Goods (Ireland) Act 1850, section 10
- Civil Bill Courts (Ireland) Act 1851, section 104
- Fines Act (Ireland) 1851, section 6
- Dublin Carriage Act 1853, sections 66 and 68
- Convict Prisons (Ireland) Act 1854, section 21
- Chancery and Common Law Offices (Ireland) Act 1867, sections 17, 45 and 53
- Commissioners For Oaths (Ireland) Act 1872, sections 5 and 9
- Slave Trade Act 1873, section 22
- Public Health (Ireland) Act 1878, section 262
- Explosive Substances Act 1883, section 6
- Criminal Justice Act 1951, First Schedule, reference number 3
- Solicitors (Amendment) Act 1960, section 29
- Extradition Act 1965, section 3
- Electoral Act 1992, Third Schedule, Rule 15
- Referendum Act 1994, section 52
- Taxes Consolidation Act 1997, section 1066 and Schedule 27
- Children Act 1997, section 28
- Valuation Act 2001, Schedule 2, paragraph 10
- Children Act 2001, section 255
- Criminal Procedure Act 2010, section 7
- Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013, sections 29
- Rules of Procedure (Defence Forces) 2019 ( S.I. No. 555 of 2019 ), Rule 61
- Companies Act 2014 (Procedures Governing the Conduct of Section 934 Investigations) Regulations 2020 ( S.I. No. 16 of 2020 ), Regulation 8
- Every person who makes a statutory declaration which to his or her knowledge is false in any material respect shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of an offence under section 6 of the Criminal Justice (Perjury and Related Offences) Act 2021.”. No. 16 of 1997 Bail Act 1997 Schedule Insert the following paragraph after paragraph 42: “Offences under the Criminal Justice (Perjury and Related Offences) Act 2021
- Any offence under the Criminal Justice (Perjury and Related Offences) Act 2021.”. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais