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Criminal Justice (Amendment) Act 2024

In short

This law amends the Criminal Justice Act 1990 regarding the sentencing of individuals who committed certain offenses, specifically murder, while under 18 years of age. It clarifies how age at the time of the offense impacts sentencing under the 1990 Act.

What it regulates

  • The application of the Criminal Justice Act 1990 to the sentencing of persons under 18 at the time of committing certain offenses.
  • The sentencing of a person convicted of murder who was under 18 when the murder was committed but has since turned 18.
  • The wording in section 4 of the Criminal Justice Act 1990 concerning individuals under 18.
  • The retrospective application of these amendments to past cases.

Who it concerns

  • Persons who committed murder while under the age of 18 years.
  • Persons who committed other offenses referred to in section 4 of the Criminal Justice Act 1990 while under the age of 18 years.

Key points

  • Section 2(1) of the Criminal Justice Act 1990 will not apply to the sentencing of a person convicted of murder if they were under 18 when they committed the murder but have reached that age by the sentencing date.
  • Section 4 of the Criminal Justice Act 1990 is amended to refer to "a person who was under the age of 18 years when he or she committed the offence" instead of "a child or young person".
  • These amendments apply to murders and offenses committed before the Act's operation date, even if proceedings had already started.
  • These amendments do not apply if a final judgment was given before the Act's operation date.
Legal text
Legal text

Criminal Justice (Amendment) Act 2024 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.

  1. ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
  2. ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2024 Criminal Justice (Amendment) Act 2024 Criminal Justice (Amendment) Act 2024 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 31 of 2024 CRIMINAL JUSTICE (AMENDMENT) ACT 2024 CONTENTS Section 1. Definition 2. Amendment of section 2 of Act of 1990 3. Amendment of section 4 of Act of 1990 4. Retrospective application of amendments effected by this Act 5. Short title Acts Referred to Criminal Justice Act 1990 (No. 16) Number 31 of 2024 CRIMINAL JUSTICE (AMENDMENT) ACT 2024 An Act to amend the Criminal Justice Act 1990 as regards its application to the sentencing of persons, who, at the time of the commission by them of certain offences to which that Act applies, were under the age of 18 years; and to provide for related matters. [4th October, 2024] Be it enacted by the Oireachtas as follows: Definition 1. In this Act, “Act of 1990” means the Criminal Justice Act 1990 . Amendment of section 2 of Act of 1990 2. Section 2 of the Act of 1990 is amended by— (
  4. a)the designation of that section as subsection

(1), and (b) the addition of the following subsection after subsection
(1): “
(2)Subsection
(1)shall not apply to the sentencing of a person convicted of murder who was under the age of 18 years when he or she committed the murder but has attained that age on or before the date of such sentencing.”. Amendment of section 4 of Act of 1990
  1. Section 4 of the Act of 1990 is amended by the substitution of “(other than a person who was under the age of 18 years when he or she committed the offence)” for “(other than a child or young person)”. Retrospective application of amendments effected by this Act
  2. The Act of 1990 is amended by the insertion of the following section after section 4: “Retrospective application of amendments effected by Criminal Justice (Amendment) Act 2024 4A.
(1)Subject to subsection
(2)— (
  1. a)the amendment of section 2 effected by the Act of 2024 shall apply in respect of a murder, and (
  2. b)the amendment of section 4 effected by the Act of 2024 shall apply in respect of an offence referred to in that section, committed before the date of the coming into operation of that Act, including a murder or such an offence in respect of which proceedings had commenced before that date.
(2)Subsection
(1)shall not apply in respect of a murder, or an offence referred to in section 4, as the case may be, committed prior to the date of the coming into operation of the Act of 2024 where final judgment was given before that date in the proceedings in respect of the murder or offence concerned.
(3)In this section, ‘Act of 2024’ means the Criminal Justice (Amendment) Act 2024.”. Short title
  1. This Act may be cited as the Criminal Justice (Amendment) Act
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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.