Criminal Justice (Miscellaneous Provisions) Act 2023

Criminal Justice (Miscellaneous Provisions) Act 2023 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.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.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2023 Criminal Justice (Miscellaneous Provisions) Act 2023 Criminal Justice (Miscellaneous Provisions) Act 2023 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 24 of 2023 CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2023 CONTENTS

PART 1

Preliminary and general Section

Section 1

Section 2

PART 2

Conspiracy to murder

Section 3

Section 4

Section 5

Section 6

PART 3

Amendment of Explosives Act 1875 and Firearms Act 1925

Section 7

Section 8

Section 9

Section 10

Section 11

Section 12

Section 13

Section 14

Section 15

Section 16

Section 17

Section 18

PART 4

Amendment of Non-Fatal Offences against the Person Act 1997

Section 19

Section 20

Section 21

Section 22

Section 23

Section 24

Section 25

Section 26

PART 5

Civil orders against relevant conduct

Section 27

Section 28

Section 29

Section 30

Section 31

Section 32

Section 33

Section 34

Section 35

Section 36

Section 37

Section 38

Section 39

Section 40

Section 41

Section 42

Section 43

Section 44

Section 45

Section 46

Section 47

PART 6

Amendment of Criminal Justice (Mutual Assistance) Act 2008

Section 48

Section 49

Section 50

Section 51

Section 52

Section 53

Section 54

PART 7

Anonymity of witnesses in criminal proceedings

Section 55

PART 8

Forensic Science Ireland Certificate Evidence

Section 56

Section 57

Section 58

Section 59

PART 9

Miscellaneous

Section 60

Section 61

Section 62

Section 63

Section 64

Section 65

Section 66

Section 67

Section 68

Section 69

Section 70

Section 71

Section 72

Section 73

Section 74

Section 75

Section 76

Section 77

Section 78

Section 79

Section 80

Section 81

Section 82

Section 83

Section 84

Section 85

Section 86

Section 87

Offences against the Person Act 1861 and the Criminal Justice Act 2006 in relation to the offences of conspiracy to murder under those Acts; and for that purpose to provide for consequential amendments of other enactments; to amend the Explosives Act 1875 and the Firearms Act 1925 ; to provide for offences relating to non-fatal strangulation, non-fatal suffocation, harassment and stalking and for those purposes and other purposes to amend the Non-Fatal Offences against the Person Act 1997 ; to provide for the making of court orders to protect persons against certain conduct; to provide for assistance between the State and the European Public Prosecutor’s Office, and for that purpose and other purposes to amend the Criminal Justice (Mutual Assistance) Act 2008 and the Criminal Justice (Joint Investigation Teams) Act 2004 ; to provide for circumstances in which a court may order the anonymity of a witness in criminal proceedings; to provide for certificates of evidence relating to the receipt, handling, transmission or storage of certain items, and for that purpose to provide for amendments to the Misuse of Drugs Act 1984 ; and for those and other purposes to amend the Criminal Evidence Act 1992 , the Criminal Justice Act 1993 , the Criminal Procedure Act 1993 , the Criminal Justice (Public Order) Act 1994 , the Bail Act 1997 , the Criminal Justice (Theft and Fraud Offences) Act 2001 , the Criminal Law (Insanity) Act 2006 , the Broadcasting Act 2009 , the Communications (Retention of Data) Act 2011 , the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 , the Domestic Violence Act 2018 and certain other enactments; and to provide for related matters. [19th July, 2023] Be it enacted by the Oireachtas as follows:

PART 1

Preliminary and general Short title, collective citation and commencement 1. (1) This Act may be cited as the Criminal Justice (Miscellaneous Provisions) Act 2023.

(2)

Part 3

and the Firearms Acts 1925 to 2009 may be cited as the Firearms Acts 1925 to 2023 and shall be construed together as one.

Part 6

may be cited together as the Criminal Justice (Mutual Assistance) Acts 2008 to 2023.

Expenses 2. The expenses incurred by the Minister for Justice in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of monies provided by the Oireachtas.

PART 2

Conspiracy to murder Amendment of section 4 of Offences against the Person Act 1861 3.

Section 4

of the Offences against the Person Act 1861 is amended by the substitution of “to imprisonment for life or a lesser term of imprisonment” for “to be kept in penal servitude for any term not more than ten years”.

Amendment of Criminal Justice Act 2006 4. The Criminal Justice Act 2006 is amended— (a) in section 70(1), by the insertion of the following definition: “‘Act of 1861’ means the Offences against the Person Act 1861 ;”, (b) in section 71— (i) by the substitution of the following subsection for subsection (4): “(4) A person charged with an offence under this section— (a) subject to paragraph (b), is liable to be indicted, tried and punished as a principal offender, or (b) where the offence, the subject of the conspiracy, is murder, is liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment.”, and (ii) by the insertion of the following subsection after subsection (4): “(4A) This section shall not apply in respect of a conspiracy to commit murder to which section 4 of the Act of 1861 applies.”, (c) in section 72A(1), by the substitution of “for an offence under this Part or the offence of conspiracy to murder under section 4 of the Act of 1861” for “for an offence under this Part”, (d) in section 76(1), by the substitution of “Where an offence under this Part or the offence of conspiracy to murder under section 4 of the Act of 1861 is committed” for “Where an offence under this Part is committed”, and (e) by the substitution of the following section for section 77: “Double jeopardy 77. A person who is acquitted or convicted of an offence in a place outside the State shall not be proceeded against for an offence— (a) under section 71 consisting of the act, or the conspiracy to do an act, that constituted the offence, (b) under section 72 consisting of the act that constituted the offence, or (c) of conspiracy to murder under section 4 of the Act of 1861 consisting of the act, or the conspiracy to do the act, that constituted the offence, of which the person was so acquitted or convicted.”.

Amendment of Criminal Justice Act 2007 5. The Criminal Justice Act 2007 is amended— (a) in section 2, by the insertion of the following definition: “‘Act of 1861’ means the Offences against the Person Act 1861 ;”, (b) in section 26A(1)— (i) in paragraph (a), by the substitution of “Part 7 of the Act of 2006,” for “Part 7 of the Act of 2006, or”, (ii) by the insertion of the following paragraph after paragraph (a): “(aa) the offence of conspiracy to murder under section 4 of the Act of 1861, or”, and (iii) in paragraph (b), by the substitution of “(other than an offence referred to in paragraph (a) or (aa))” for “(other than an offence referred to in paragraph (a) )”, and (c) in section 50(1)— (i) in paragraph (d), by the substitution of “the use of a firearm,” for “the use of a firearm, or”, (ii) in paragraph (e), by the substitution of “ Criminal Justice Act 2006 , or” for “ Criminal Justice Act 2006 .”, and (iii) by the insertion of the following paragraph after paragraph (e): “(f) the offence of conspiracy to murder under section 4 of the Act of 1861.”.

Amendment of European Union (Passenger Name Record Data) Regulations 2018 6. Schedule 2 to the European Union (Passenger Name Record Data) Regulations 2018 ( S.I. No. 177 of 2018 ) is amended by the substitution of the following paragraph for paragraph 15: “15. Organised and armed robbery.

An offence under— section 4 , 12 , 13 , 14 , 15 , 17 or 18 of the Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50 of 2001), section 71 , 71A, 72 or 73 of the Criminal Justice Act 2006 (No. 26 of 2006), section 4, in relation to conspiracy to murder, of the Offences against the Person Act 1861 ”.

PART 3

Amendment of Explosives Act 1875 and Firearms Act 1925 Definition (Part 3) 7. In this Part, “Act of 1925” means the Firearms Act 1925 .

Amendment of section 5 of Explosives Act 1875 8. Section 5 of the Explosives Act 1875 is amended— (a) in the second subsection (2.), by the substitution of “conveyance of gunpowder; or” for “conveyance of gunpowder.”, and (b) by the insertion of the following subsection after the second subsection (2.) referred to in paragraph (a): “(3) To the keeping of gunpowder by a person for the purpose of lawfully selling it directly to the public— (a) where the total amount of gunpowder on the premises does not exceed 5kg, (b) where the gunpowder is, or is part of— (i) a Category F1 firework, namely a firework that presents a very low hazard and negligible noise level and that is intended for use in confined areas and includes fireworks that are intended for use inside domestic buildings, (ii) a Category P1 pyrotechnic article, namely a pyrotechnic article, other than fireworks and theatrical pyrotechnic articles, that presents a low hazard, or (iii) an article classified as UN No. 0014, namely blank cartridges for weapons, blank cartridges for small arms or blank cartridges for tools, to which the United Nations Serial Number UN No. 0014 was assigned in the manual published by the United Nations and entitled ‘Twenty-second revised edition of the Recommendations by the United Nations Committee of Experts on the Transport of Dangerous Goods’ or in any later revised edition of those Recommendations for the time being in force, and (c) where the gunpowder referred to in paragraph (b) is kept— (i) in an area designated by the person— (I) to which unauthorised access is prevented, and (II) that is located well away from sources of ignition, sparks and flammable materials, and (ii) in a manner that does not compromise emergency escape routes.”.

Amendment of section 2 of Act of 1925 9. Section 2(3) of the Act of 1925 is amended— (a) in paragraph (b), by the substitution of “or by a member of the civilian staff of the Garda Síochána, in the performance of” for “in the performance of”, and (b) by the insertion of the following paragraph after paragraph (b): “(ba) the possession, use, or carriage of a firearm or ammunition by an officer of the Minister assigned to perform functions in Forensic Science Ireland, in the course of the performance by him or her of such functions;”.

Insertion of section 3DA into Act of 1925 10. The Act of 1925 is amended by the insertion of the following section after section 3D: “Restrictions on firearm certificates for semi-automatic centre-fire rifles 3DA. (1) On and after the date of the coming into operation of section 10 of the Criminal Justice (Miscellaneous Provisions) Act 2023 (in this section referred to as the ‘relevant date’), a firearm certificate shall not be granted under this Act, or under section 2 of the Act of 2000 in respect of an application under paragraph (a) or (aa) of subsection (2) of that section, for a semi-automatic centre-fire rifle.

Amendment of section 4A of Act of 1925 11. Section 4A of the Act of 1925 is amended by the insertion of the following subsection after subsection (20): “(20A) This section shall not apply to a shooting range owned or operated by the Garda Síochána.”.

Insertion of new section 4AA into Act of 1925 12. The Act of 1925 is amended by the insertion of the following section after section 4A: “Minimum standards for Garda shooting ranges 4AA. (1) The Minister, after consultation with the Commissioner, may prescribe minimum standards to be complied with by a shooting range owned or operated by the Garda Síochána.

Amendment of section 4B of Act of 1925 13. Section 4B(2)(b) of the Act of 1925 is amended by the substitution of “section 4A(13) or section 4AA(1)” for “section 4A(13)”.

Amendment of section 4C of Act of 1925 14. Section 4C of the Act of 1925 is amended by the insertion of the following subsection after subsection (2): “(2A) Subsection (1) shall not apply to the facilitation or engagement in the use of a firearm by a member of the Garda Síochána in the performance of his or her duties as such member.”.

Insertion of new section 14A into Act of 1925 15. The Act of 1925 is amended by the insertion of the following section after section 14: “Offences regarding alteration of marking of firearms 14A. (1) A person who, unless— (a) permitted by the Firearms Acts 1925 to 2023, or (b) otherwise in accordance with law, intentionally falsifies, removes, or otherwise obliterates or alters the marking of a firearm shall be guilty of an offence.

Amendment of section 23 of Act of 1925 16. Section 23(1) of the Act of 1925 is amended by the substitution of “may, in accordance where applicable with regulations made under section 26A, make” for “may make”.

Amendment of section 24 of Act of 1925 17. Section 24 of the Act of 1925 is amended— (a) by the substitution of the following subsections for subsection (1): “(1) If a judge of the District Court is satisfied by information on oath of a member of the Garda Síochána not below the rank of sergeant that there are reasonable grounds for suspecting that evidence of, or relating to, the commission of an offence under this Act is to be found in any place, the judge may issue a warrant for the search of that place and any persons found at that place. (1A) Subject to subsections (1B) and (1C), if a member of the Garda Síochána not below the rank of superintendent is satisfied that there are reasonable grounds for suspecting that evidence of, or relating to, the commission of an offence under this Act is to be found in any place, the member may issue to a member of the Garda Síochána not below the rank of sergeant a warrant for the search of that place and any persons found at that place. (1B) A member of the Garda Síochána not below the rank of superintendent shall not issue a search warrant under this section unless he or she is satisfied— (a) that the search warrant is necessary for the proper investigation of an offence under this Act, and (b) that circumstances of urgency giving rise to the need for the immediate issue of the search warrant would render it impracticable to apply to a judge of the District Court under this section for the issue of the warrant. (1C) A member of the Garda Síochána not below the rank of superintendent may issue a search warrant under this section only if he or she is independent of the investigation of the offence in relation to which the search warrant is being sought.”, (b) in subsection (2)— (i) by the substitution of the words “search warrant” for “search order”, wherever they occur, and (ii) by the substitution of “within, if the warrant is issued by a judge of the District Court, one week, and if the warrant is issued by a member of the Garda Síochána not below the rank of superintendent, 48 hours,” for “within 48 hours”, (c) in subsection (3)— (i) by the substitution of “search warrant” for “search order”, and (ii) by the substitution of “search warrant” for “order”, and (d) by the insertion of the following subsections after subsection (3): “(4) The power to issue a search warrant under this section is without prejudice to any other power conferred by statute to issue a warrant for the search of any place or person.

Insertion of new section 26A into Act of 1925 18. The Act of 1925 is amended by the insertion of the following section after section 26: “Regulations regarding disposal of certain firearms 26A. Without prejudice to the operation of any other section of this Act, the Minister may, following consultation with the Commissioner, make regulations— (a) to provide for the methods of destruction of such illicitly manufactured or trafficked firearms, parts, components and ammunition as he or she may prescribe, (b) to provide for the methods of assignment for forensic, scientific, historical, or cultural purposes, of such illicitly manufactured or trafficked firearms, parts, components and ammunition as he or she may prescribe, and (c) to provide for the marking of the firearms to which paragraph (b) relates and the recording of the methods of assignment of the firearms, parts, components and ammunition prescribed under that paragraph.”.

PART 4

Amendment of Non-Fatal Offences against the Person Act 1997 Definition (Part 4) 19. In this Part, “Act of 1997” means the Non-Fatal Offences against the Person Act 1997 .

Amendment of section 3 of Act of 1997 20. Section 3(2)(b) of the Act of 1997 is amended by the substitution of “10 years” for “5 years”.

Non-fatal strangulation or non-fatal suffocation 21. The Act of 1997 is amended by the insertion of the following section after section 3: “3A. (1) A person shall be guilty of an offence who, without lawful excuse, intentionally or recklessly— (a) strangles or suffocates another, or (b) causes another to believe on reasonable grounds that he or she is likely immediately to be subjected to suffocation or strangulation.

Non-fatal strangulation or non-fatal suffocation causing serious harm 22. The Act of 1997 is amended by the insertion of the following section after section 4: “4A. (1) A person who intentionally or recklessly causes serious harm to another by suffocating or strangling the other shall be guilty of an offence.

Harassment or stalking 23. The Act of 1997 is amended by the substitution of the following section for section 10: “10. (1) A person shall be guilty of the offence of harassment where— (a) the person, without lawful authority or reasonable excuse, persistently, by his or her acts, intentionally or recklessly, at the time when the acts occur or when the other becomes aware of them— (i) seriously interferes with another’s peace and privacy, or (ii) causes alarm, distress or harm to the other, and (b) the person’s acts are such that a reasonable person would realise that the acts would seriously interfere with the other’s peace and privacy or cause alarm, distress or harm to the other, at the time when the acts occurred or when the other becomes aware of them.

Prohibition on publication or broadcast of certain material 24. The Act of 1997 is amended by the insertion of the following section after section 10: “10A. (1) Subject to this section, a person (other than the alleged victim) who, where a person is charged with an offence under section 10, publishes or broadcasts identifying material shall be guilty of an offence.

Transitional provision 25. An order under section 10(3) of the Act of 1997 that is in effect immediately before the date on which this section comes into operation shall be deemed to be an order under subsection (4) of section 10 (as amended by section 23 ) of the Act of 1997 and that section (other than subsections (5) to (7)), as so amended, shall apply in respect of the order for the remainder of the period for which the order has effect.

Amendment of section 25 of Act of 1997 26. (1) The Act of 1997 is amended by the substitution of the following section for section 25: “25. (1) In any proceedings for an offence alleging the causing of harm or serious harm to a person, the production of a certificate purporting to be signed by a registered medical practitioner and relating to— (a) an examination of that person by the registered medical practitioner, (b) an examination of that person by another person who was acting under the supervision, or was otherwise subject to the authority, of the registered medical practitioner, or (c) the medical assessment by the registered medical practitioner of the medical records relating to an examination of that person, shall, unless the contrary is proved, be evidence of any fact or opinion (including an opinion in relation to the source or effect of, or a prognosis in respect of, harm or serious harm to the person) thereby certified without proof of any signature thereon or that any such signature is that of such registered medical practitioner.

PART 5

Civil orders against relevant conduct Definitions (Part 5) 27. (1) In this Part, “court” means the District Court, or, on appeal from the District Court, the Circuit Court.

Order under section 28 28. (1) A— (a) person (in this Part referred to as an “applicant”), or (b) member of the Garda Síochána, acting in accordance with section 31 , on behalf of an applicant, may apply to the court for an order under this section against another person (in this Part referred to as a “respondent”).

Variation or discharge of order under section 28 29. (1) An application to the court for the variation or discharge of an order under section 28 may be made by— (a) the applicant, on notice to the respondent, (b) the respondent, on notice to the applicant, or (c) a person referred to in section 28

Renewal of order under section 28 30. (1) On or before the expiry of an order under section 28 , an applicant or a person referred to in section 28

Application under section 28, 29 or 30 by member of Garda Síochána 31. (1) A member of the Garda Síochána may make an application to the court under section 28 , 29 or 30 where he or she becomes aware of an alleged incident or series of incidents of relevant conduct which he or she believes to justify the making of the application.

Protection against cross-examination by applicant or respondent 32. (1) Where— (a) an application is made to a court under section 28 , 29 or 30 , (b) a person under the age of 18 years is to give evidence, and (c) the applicant or respondent proposes to cross-examine the person referred to in paragraph (b) personally, the court shall direct that the applicant or the respondent, as the case may be, may not personally cross-examine the witness unless the court is of the opinion that the interests of justice require the applicant or respondent to conduct the cross-examination personally.

Requirement to give reasons for certain decisions 33. Where an application is made to a court under section 28 , 29 or 30 , the court shall give reasons for its decision— (a) to grant or refuse the application, (b) if applicable, to make the order applied for subject to exceptions or conditions, or (c) if applicable, to vary the exceptions or conditions referred to in paragraph (b).

Taking effect of relevant order 34. (1) A relevant order shall take effect on notification of the making of the order concerned being given to the respondent.

Copies of orders to be given to certain persons 35. (1) The court, on making, varying or discharging an order under section 28 , shall cause a copy of its order under section 28 , 29 or 30 , as the case may be, to be given or sent as soon as practicable— (a) to the applicant, (b) to the respondent, (c) where an application has been made by a member of the Garda Síochána acting in accordance with section 31 , to that member, (d) to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which the person, for whose benefit the order is made, resides, (e) where the order in question is a variation or discharge of an order and the person for whose benefit the order was made had previously resided elsewhere, to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which that person had so resided, but only if that member had previously been sent under this subsection a copy of that order, or any order relating thereto, and (f) insofar as is reasonably practicable, where the order in question prohibits or restricts the respondent from approaching a specified place, to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which the specified place is situated.

Exercise of jurisdiction by court in civil proceedings 36. (1) The jurisdiction of the court in respect of proceedings under this Part may be exercised— (a) as regards the Circuit Court, by the judge of the Circuit Court within whose circuit either the applicant or respondent resides, and (b) as regards the District Court, by a judge of the District Court for the time being assigned to the district court district within which either the applicant or respondent resides.

Hearing of proceedings 37. (1) Subject to section 40 of the Civil Liability and Courts Act 2004 and section 40 , an application under section 28 , 29 or 30 shall be heard otherwise than in public.

Special sitting of District Court 38. (1) A member of the Garda Síochána not below the rank of sergeant may request the Courts Service to arrange a special sitting of the District Court for the purposes of the making of an application under this Part— (a) where a person has informed the member that he or she wishes to make an application under section 28 , 29 or 30 , and (b) at the time the person so informs the member, there is no District Court sitting in the district court district in which that person would make such an application if that court was sitting.

Evidence through television link for civil proceedings 39. (1) In proceedings under this Part, a person (other than the respondent) may give evidence through a live television link— (a) where that person has not attained the age of 18 years, unless the court sees good reason to the contrary, (b) in any other case, with the leave of the court.

Right to be accompanied in court in certain circumstances 40. (1) Subject to subsection (2), an applicant may, in addition to being accompanied by his or her legal representative (if any), be accompanied in court by an individual of his or her choice.

Costs 41. The costs of proceedings under this Part shall be at the discretion of the court.

Rules of court and service of documents 42. (1) For the purpose of ensuring the expeditious hearing of applications under this Part, rules of court may make provision for the service of documents otherwise than under section 7 of the Courts Act 1964 in circumstances to which that section relates.

Extraterritoriality 43. (1) An order under section 28 , 29 or 30 may be made against a respondent who— (a) resides or is present in the State, or (b) intends to come to the State.

Offence 44. (1) A person who contravenes an order made against him or her under section 28 , commits an offence and shall be liable on summary conviction to a class B fine or to imprisonment for a term not exceeding 12 months.

Arrest without warrant 45. (1) Where a member of the Garda Síochána has reasonable cause for believing that an offence is being or has been committed under section 44

Prohibition on publication or broadcast of certain material relating to offence under section 44 46. (1) Subject to this section, where a person is charged with an offence under section 44 , a person (other than the relevant person) who publishes or broadcasts identifying material commits an offence.

Saver (Part 5) 47. The operation of this Part is without prejudice to the powers of the court under section 10

PART 6

Amendment of Criminal Justice (Mutual Assistance) Act 2008 Definition (Part 6) 48. In this Part, “Act of 2008” means the Criminal Justice (Mutual Assistance) Act 2008 .

Amendment of section 2(1) of Act of 2008 49. Section 2(1) of the Act of 2008 is amended by the insertion of the following definitions: “‘EPPO’ means the European Public Prosecutor’s Office established under Article 3 of Council Regulation (EU) 2017/1939 of 12 October 20173 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’), as amended by Commission Delegated Regulation (EU) 2020/2153 of 14 October 20204 ; ‘EPPO request’ means a request for assistance that is made by EPPO in accordance with section 6 (as applied by section 94K) and the Part 7B Regulations (if any) and includes a request that is deemed under section 94F(3) to have been so made; ‘Part 7B Regulations’ has the meaning assigned to it by section 109(1B); ‘relevant EPPO member state’ means a member state of the European Union— (a) that participates in enhanced cooperation on the establishment of EPPO in accordance with Article 86(1) of the Treaty on the Functioning of the European Union or by virtue of a decision adopted in accordance with Article 331(1) of that Treaty, and (b) where EPPO is conducting a criminal investigation or criminal proceedings that are the subject of an EPPO request;”.

Application for purposes of Part 7B 50. The Act of 2008 is amended by the insertion of the following section after section 2: “Application for purposes of Part 7B 2A. This Act shall, subject to Part 7B and with all other necessary modifications, apply to the provision of assistance referred to in section 94F(1) as it applies to the provision of mutual assistance between the State and a designated state.”.

Amendment of section 53 of Act of 2008 51. Section 53 of the Act of 2008 is amended— (a) in subsection (7)(b), by the substitution of “subsections (8) and (9)” for “subsection (8)”, and (b) by the insertion of the following subsection after subsection (8): “(9) Where property recovered by the execution of a confiscation co-operation order transmitted by or on behalf of a court in a designated state, other than a member state or the United Kingdom, is a sum of money or the proceeds of a sale under subsection (7)(b), the Court, on application by the Central Authority and in accordance with the relevant international instrument, may— (a) order the money or the proceeds of sale to be transferred to the designated state, or (b) order part of the money or the proceeds of sale to be transferred to the designated state and the remaining balance shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.”.

Assistance in criminal matters between State and EPPO 52. The Act of 2008 is amended by the insertion of the following Part after Part 7A: “PART 7B Assistance in Criminal Matters between State and EPPO

Chapter 1

General Application of Part 94F. (1) This Part shall apply to the provision of assistance in criminal matters between the State and EPPO.

Cooperation with EPPO 94G.(1) The State shall cooperate with EPPO in respect of EPPO requests.

Modification of references for purposes of Part (general) 94H. For the purposes of this Part a reference in this Act— (a) to a member state shall, subject to paragraph (b), unless the context otherwise requires, be construed as a reference to a relevant EPPO member state, (b) to a request from a member state shall be construed as a reference to an EPPO request, (c) to an assurance by a requesting authority shall, subject to section 94AG and paragraph (c) of section 94AQ, be construed as a reference to an assurance by— (i) EPPO, or (ii) the relevant EPPO member state in which EPPO is conducting a criminal investigation or criminal proceedings that are the subject of an EPPO request, (d) to an order, an interception order, a warrant or a document being issued, or made, by EPPO shall be construed as including a reference to an order, an interception order, a warrant or a document, as the case may be, being issued, or made, by the relevant EPPO member state on the request of EPPO, and (e) to the law of the designated state shall— (i) in section 15(2)(c)(iv), be construed as a reference to the law of the relevant EPPO member state, (ii) in section 17(3)(a), be construed as a reference to the law of the relevant EPPO member state, and (iii) in section 66(5), be construed as a reference to the law of the relevant EPPO member state.

Chapter 2

Modification of Part 1 for purposes of Part Application of section 2 for purposes of Part 94I. For the purposes of this Part, section 2(1) shall apply subject to the following and any other necessary modifications: (a) in the definition of ‘criminal conduct’, paragraph (b) shall be construed as if the following paragraph were substituted for that paragraph: ‘(b) which occurs in a state (other than the State) and would, if it occurred in the State, constitute an offence;’, (b) in the definition of ‘criminal investigation’, paragraph (a) shall be construed as if the following paragraph were substituted for that paragraph: ‘(a) means an investigation conducted by EPPO, and’, (c) the definition of ‘criminal proceedings’ shall apply as if paragraph (d) was deleted, (d) in the definition of ‘offence’— (i) paragraph (a) shall be construed as if the following paragraph were substituted for that paragraph: ‘(a) means an offence in respect of which an EPPO request may be made,’, and (ii) in paragraph (b), as if ‘if or to the extent that the relevant international instrument or the law of the designated state concerned provides for mutual assistance in respect of such an offence,’ was deleted, and (e) in the definition of ‘requesting authority’— (i) paragraph (a) shall be construed as if the following paragraph were substituted for that paragraph: ‘(a) EPPO, or’, and (ii) in paragraph (b), the reference to any other authority in that state shall be construed as a reference to any person.

Application of section 3 for purposes of Part 94J. For the purposes of this Part, section 3 shall apply subject to the following and any other necessary modifications— (a) as if paragraph (c) of subsection (1) was deleted, and (b) a reference in subsection (1) to specified in the relevant international instrument shall be construed as a reference to specified in or under this Act.

Application of section 6 for purposes of Part 94K. For the purposes of this Part, section 6 shall be construed as if the following section were substituted for that section: ‘6. (1) Subject to the provisions of this Act concerning particular requests and such matters as may be provided for in Part 7B Regulations (if any), an EPPO request shall— (a) be addressed to the Central Authority, (b) be in writing or in any form capable of producing a written record under conditions allowing its authenticity to be established, and (c) if not in the Irish, or English, language, be accompanied by a translation into either of those languages.

Application of section 7 for purposes of Part 94L. For the purposes of this Part, section 7 shall apply subject to the modification (and any other necessary modifications) that a reference in that section to the designated state concerned or the designated state shall be construed as a reference to EPPO.

Application of section 8 for purposes of Part 94M. For the purposes of this Part, section 8 shall apply subject to the modification that the reference in subsection (2) to the function of co-operating, in accordance with the relevant international instrument, with corresponding persons or bodies in designated states shall be construed as including a reference to co-operating with EPPO as referred to in section 94G(1).

Application of section 9 for purposes of Part 94N. For the purposes of this Part, section 9 shall apply subject to the following and any other necessary modifications— (a) a reference to— (i) a competent authority, and (ii) a competent authority in a designated state, shall be construed as a reference to EPPO, (b) in subsection (1), as if ‘in accordance with the relevant international instrument and’ was deleted, (c) as if subsections (3) and (5) were deleted, and (d) in subsection (4), as if the ‘pursuant to the relevant international instrument’ was deleted.

Chapter 3

Modification of Part 2 for purposes of Part Application of section 14 for purposes of Part 94O. For the purposes of this Part, section 14 shall apply subject to the following and any other necessary modifications— (a) in subsection (1), the reference to a competent authority in that state shall be construed as a reference to EPPO, (b) in subsection (2), the reference to a competent authority in a designated state shall be construed as a reference to EPPO, (c) in subsection (4), a reference— (i) to the competent authority shall be construed as a reference to EPPO, and (ii) to the relevant international instrument shall be construed as a reference to EPPO, and (d) in subsection (5), the reference to— (i) the competent authority, and (ii) the authority, shall be construed as a reference to EPPO.

Application of section 17 for purposes of Part 94P. For the purposes of this Part, section 17 shall apply (subject to the modification in section 94H(e)(ii) and any other necessary modifications) as if subsection (3)(c) was deleted.

Application of section 20 for purposes of Part 94Q. For the purposes of this Part, section 20 shall apply subject to the modification (and any other necessary modifications) that the reference in subsection (2) to the competent authority in the designated state concerned shall be construed as a reference to EPPO.

Chapter 4

Modification of Part 3 for purposes of Part Application of section 24 for purposes of Part 94R. For the purposes of this Part, section 24 shall apply subject to the following and any other necessary modifications— (a) in subsection (1)— (i) in paragraph (b), the reference to issued in the member state shall be construed as a reference to issued by EPPO, and (ii) in paragraph (c), a reference to a competent authority in a member state shall be construed as a reference to EPPO, (b) in subsection (1)(d)(i), the reference to the competent authority in the former member state shall be construed as a reference to EPPO, and (c) in subsection (2)— (i) as if paragraph (a) was deleted, and (ii) in paragraph (g), as if ‘pursuant to Article 20(2)(a) of the 2000 Convention’ was deleted.

Application of section 25 for purposes of Part 94S. For the purposes of this Part, section 25 shall apply subject to the following and any other necessary modifications— (a) in subsection (2)(b)(ii), the reference to the member state shall be construed as a reference to EPPO, (b) in subsection (3)(a), the reference to the requesting state shall be construed as a reference to the relevant EPPO member state, (c) in subsection (6), a reference to a competent authority in the member state shall be construed as a reference to EPPO, and (d) as if the following subsection were substituted for subsection (7): ‘(7) In considering a request for a transcript of a recording to which this section applies, the Minister shall have regard to all the circumstances of the particular case, and may make the granting of such a request subject to any condition to which authorisation of the interception may be subject.’.

Application of section 27 for purposes of Part 94T. For the purposes of this Part, section 27 shall apply subject to the following and any other necessary modifications— (a) a reference to— (i) a competent authority, and (ii) a competent authority in a member state, shall be construed as a reference to EPPO, and (b) in subsection (1), as if the following paragraph were substituted for paragraph (d): ‘(d) EPPO notifies the Minister accordingly.’.

Application of section 28 for purposes of Part 94U. For the purposes of this Part, section 28 shall apply subject to the modification (and any other necessary modifications) that the reference in subsection (3)(b) to issued in the member state shall be construed as a reference to issued by EPPO.

Chapter 5

Modification of Part 4 for purposes of Part Modification of reference to competent authority 94V. For the purposes of this Part, a reference in Part 4 to— (a) a competent authority in a designated state shall be construed as if ‘in a designated state’ was deleted, and (b) a competent judicial authority in the designated state, shall be construed as a reference to EPPO.

Application of section 31 for purposes of Part 94W. For the purposes of this Part, section 31 shall apply subject to the following and any other necessary modifications: (a) as if the following were substituted for the definition of ‘competent authority’: ‘‘competent authority’ means EPPO;’, (b) in the definition of ‘external freezing order’, as if the following paragraph were substituted for paragraph (a): ‘(a) taken provisionally by EPPO in criminal proceedings to prevent the destruction, transformation, moving, transfer, disposal or use of specified property in the State that could be subject to confiscation or be evidence in those proceedings, and’, and (c) as if the following were substituted for the definition of ‘issuing state’: ‘‘issuing state’ means EPPO;’.

Application of section 34 for purposes of Part 94X. For the purposes of this Part, section 34 shall apply subject to the following and any other necessary modifications: (a) subsection (1) shall be construed as if the following were substituted for that subsection: ‘(1) A request from EPPO for the enforcement of an external freezing order shall be accompanied by— (a) a duly certified copy of the order, and (b) a statement of the grounds for the making of the order.’, (b) as if subsection (2) was deleted, (c) subsection (3) shall apply as if the reference therein to subsection (2) was deleted, (d) in subsection (4), the reference to an issuing judicial authority shall be construed as a reference to EPPO, and (e) in subsection (5), the reference to— (i) the issuing judicial authority, and (ii) that judicial authority, shall be construed as a reference to EPPO.

Application of section 35 for purposes of Part 94Y. For the purposes of this Part, section 35 shall apply subject to the following and any other necessary modifications: (a) in subsection (2), as if ‘and, in the case of a designated state (other than a member state), shall be made with the consent of the Minister’ was deleted, (b) in subsection (3), the reference to a member state shall be construed as reference to EPPO, (c) as if subsection (6) was deleted, and (d) in subsection (7)(c), the reference to the issuing judicial authority shall be construed as a reference to EPPO.

Application of section 42 for purposes of Part 94Z. For the purposes of this Part, section 42(2) shall apply subject to the following and any other necessary modifications: (a) as if ‘subject to any provision to the contrary in the relevant international instrument,’ was deleted, and (b) the reference to the designated state concerned shall be construed as a reference to EPPO.

Application of section 45 for purposes of Part 94AA. For the purposes of this Part, section 45(5) shall apply subject to the modification (and any other modifications) that the reference to the issuing judicial authority shall be construed as a reference to EPPO.

Application of section 46 for purposes of Part 94AB. For the purposes of this Part, section 46 shall apply subject to the following and any other necessary modifications: (a) in subsection (1)— (i) as if paragraphs (a) and (b) were deleted, and (ii) in paragraph (d), as if ‘in a certificate’ was deleted, (b) as if subsection (2) was deleted, and (c) in subsection (3)— (i) the reference to— (I) the issuing judicial authority concerned, and (II) the judicial authority, shall be construed as a reference to EPPO, and (ii) in subparagraph (i), as if ‘in the certificate’ was deleted.

Application of section 47 for purposes of Part 94AC. For the purposes of this Part, section 47(4) shall apply subject to the modification (and any other modifications) that the reference to the issuing judicial authority shall be construed as a reference to EPPO.

Chapter 6

Modification of Part 5 for purposes of Part Application of section 62 for purposes of Part 94AD. For the purposes of this Part, section 62 shall apply subject to the following and any other necessary modifications— (a) the definition of ‘appropriate authority’ shall be construed as including the following paragraph after paragraph (a): ‘(ab) EPPO, or’, and (b) subsection (6) shall be construed as if ‘permitted by the relevant international instrument or’ was deleted.

Application of section 63 for purposes of Part 94AE. For the purposes of this Part, section 63(3) shall apply as if (and with any other necessary modifications) ‘permitted by the relevant international instrument or’ was deleted.

Application of section 64 for purposes of Part 94AF. For the purposes of this Part, section 64(3) shall apply subject to the modification (and any other necessary modifications) that the reference to a court in the state concerned shall be construed as a reference to a court in the relevant EPPO member state.

Application of section 66 for purposes of Part 94AG. For the purposes of this Part, section 66(5) shall apply subject to the modification (and any other necessary modifications) that the reference to an assurance by a requesting authority shall be construed as a reference to an assurance by the relevant EPPO member state in which EPPO is conducting a criminal investigation or criminal proceedings that are the subject of an EPPO request.

Application of section 67 for purposes of Part 94AH. For the purposes of this Part, section 67 shall apply as if subsection (10) was deleted and subject to any other necessary modifications.

Application of section 70 for purposes of Part 94AI. For the purposes of this Part, section 70 shall apply subject to the following and any other necessary modifications— (a) in subsection (3), the reference to the requesting state shall be construed as a reference to the relevant EPPO member state, and (b) in subsection (6), the reference to a judge of the designated state shall be construed as a reference to a judge of the relevant EPPO member state.

Application of section 73 for purposes of Part 94AJ. For the purposes of this Part, section 73 shall apply subject to the following and any other necessary modifications— (a) the definition of ‘appropriate authority’ shall be construed as including the following paragraph after paragraph (a): ‘(ab) EPPO, or’, (b) in subsection (1), as if ‘, in accordance with the relevant international instrument,’ was deleted, and (c) in subsection (6), as if ‘permitted by the relevant international instrument or’ was deleted.

Application of section 74 for purposes of Part 94AK. For the purposes of this Part, section 74 shall apply subject to the following and any other necessary modifications— (a) as if subsection (3) was deleted, and (b) in subsection (5)(a), as if ‘permitted by the relevant international instrument or’ was deleted.

Application of section 75 for purposes of Part 94AL. For the purposes of this Part, section 75 shall apply subject to the following and any other necessary modifications— (a) as if subsection (3) was deleted, (b) in subsection (4), a reference to that state shall be construed as a reference to the relevant EPPO member state, and (c) in subsection (6)(a), as if ‘permitted by the relevant international instrument or’ was deleted.

Application of section 78 for purposes of Part 94AM. For the purposes of this Part, section 78 shall apply subject to the following (and any other necessary) modification, as if the following paragraph were substituted for paragraph (e) of subsection (1): ‘(e) in the case of an EPPO request for the DNA profile of a person who is suspected of having committed the offence concerned whose DNA profile is not in the possession of the Garda Síochána— (i) a warrant or order issued by EPPO or by an appropriate authority in the relevant EPPO member state on the request of EPPO requiring a person to have identification evidence, other than fingerprints, palm prints or photographs, taken from him or her for the purposes of a criminal investigation, or criminal proceedings, in that member state, or (ii) a statement issued by EPPO or by an appropriate authority in the relevant EPPO member state on the request of EPPO confirming that the requirements for the taking of a DNA sample from the person under the law of the relevant EPPO member state would be complied with if the person were in that state.’.

Application of section 79 for purposes of Part 94AN. For the purposes of this Part, section 79 shall apply subject to the modification (and any other necessary modifications) that the reference in subsection (10) to the requesting state shall be construed as a reference to the relevant EPPO member state.

Application of section 79A for purposes of Part 94AO. For the purposes of this Part, section 79A shall apply subject to the following (and any other necessary) modification, as if the following were substituted for paragraph (a) of subsection (1): ‘(a) is an EPPO request, and’.

Application of section 79C for purposes of Part 94AP. For the purposes of this Part, section 79C shall apply subject to the following and any other necessary modifications: (a) a reference to a request made pursuant to Article 7 of 2008 Council Decision or that Article insofar as it is applied by Article 1 of the 2009 Agreement with Iceland and Norway designated state shall be construed as a reference to an EPPO request, (b) in subsection (2), as if paragraph (d) was deleted, and (c) as if subsection (8) was deleted.

Chapter 7

Modification of Part 6 for purposes of Part Application of section 82 for purposes of Part 94AQ. For the purposes of this Part, section 82 shall apply subject to the following and any other necessary modifications— (a) in subsection (1)(b), the reference to a prosecuting authority shall be construed as including a reference to EPPO, (b) a reference to issuing authority shall be construed as a reference to EPPO, (c) in subsections (8) and (9), the reference to that state shall be construed as a reference to the relevant EPPO member state, (d) in subsection (10)(a), the reference to judicial authorities shall be construed as including EPPO, and (e) in subsection (11)(b), the reference to law of the state where it was issued shall be construed as a reference to the law of the relevant EPPO member state.

Application of section 83 for purposes of Part 94AR. For the purposes of this Part, section 83 shall apply subject to the modification (and any other necessary modifications) that a reference in subsection (1) to— (a) the appropriate authority in the designated state, and (b) that authority, shall be construed as a reference to EPPO.

Application of section 88 for purposes of Part 94AS. For the purposes of this Part, section 88 shall apply subject to the following and any other necessary modifications— (a) in the definition of ‘competent authority in a designated state’, the reference to a person or body in that state appearing to the Competent Authority in the State to have the function of receiving or making the request shall be construed as reference to EPPO, and (b) in the definition of ‘controlled delivery’, as if ‘in accordance with the relevant international instrument’ was deleted.

Chapter 8

Modification of Part 8 for purposes of Part Application of section 97 for purposes of Part 94AT. For the purposes of this Part, section 97 shall apply subject to the following and any other necessary modifications, the reference in subsection (1) to— (a) the designated state concerned, and (b) a representative of the authority concerned in that state, shall be construed as a reference to EPPO.

Application of section 99 for purposes of Part 94AU. For the purposes of this Part, section 99 shall apply subject to the modification (and any other necessary modifications) that the reference to in accordance with the relevant international instrument shall be construed as a reference to with the consent of EPPO.

Application of section 102 for purposes of Part 94AV. For the purposes of this Part, section 102 shall apply subject to the following and any other necessary modifications— (a) in subsection (1)(a)(ii), the reference to made or issued by a court, tribunal or authority in a designated state shall be construed as including a reference to made or issued by EPPO, (b) in subsection (4), the reference to certified by or on behalf of the court, tribunal or authority issuing it shall be construed as including a reference to certified by or on behalf of EPPO, (c) in subsection (5)— (i) in paragraph (a), the reference to given by or on behalf of a court, tribunal or authority in a designated state shall be construed as including a reference to given by or on behalf of EPPO, (ii) as if paragraph (b) was deleted, and (iii) the reference to such a certificate or seal shall be construed as a reference to such certificate, and (d) as if subsection (6) was deleted.

Application of section 103 for purposes of Part 94AW. For the purposes of this Part, section 103 shall apply subject to the following and any other necessary modifications— (a) the reference to a competent authority in that state shall be construed as a reference to EPPO, (b) in subsection (1)— (i) as if ‘in accordance with the relevant international instrument’ was deleted, and (ii) as if ‘within the meaning of that instrument’ was deleted, and (c) in subsection (3), as if ‘having had regard to the provisions of the relevant international instrument’ was deleted.

Application of section 104 for purposes of Part 94AX. For the purposes of this Part, section 104 shall apply (subject to any other necessary modifications) as if ‘, and shall if so required by the relevant international instrument,’ in subsection (1) was deleted.”.

Amendment of section 109 of Act of 2008 53. Section 109 of the Act of 2008 is amended by the insertion of the following subsections after subsection (1A): “(1B) Without prejudice to section 94K, the generality of subsection (1) and subject to the provisions of this Act concerning particular requests, regulations (in this Act referred to as the ‘Part 7B Regulations’) may be made by the Minister for the purposes of Part 7B and in particular such regulations may make provision for— (a) the limitations, restrictions or conditions applicable to EPPO requests, (b) the form of EPPO requests and the information such requests are to provide, (c) the action that may be taken where the information provided is not sufficient to enable the request to be dealt with, (d) without prejudice to section 3, the grounds for refusal of EPPO requests, (e) the requirements relating to the protection, disclosure, use or transmission of information or evidence received under EPPO requests, (f) the formalities and procedures in dealing with EPPO requests, and (g) the transmission and mode of transmission of EPPO requests, including, transmission via the International Criminal Police Organisation (Interpol) in urgent cases. (1C) Regulations under subsection (1B) may be made by the Minister for the purposes of requests by the State to EPPO and paragraphs (a) to (g) of subsection (1B) shall apply mutatis mutandis to such requests.”.

Amendment of Criminal Justice (Joint Investigation Teams) Act 2004 54. The Criminal Justice (Joint Investigation Teams) Act 2004 is amended— (a) in section 1— (i) in subsection (1), by the insertion of the following definition: “‘EPPO’ means the European Public Prosecutor’s Office established under Article 3 of Council Regulation (EU) 2017/1939 of 12 October 20175 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office, as amended by Commission Delegated Regulation (EU) 2020/2153 of 14 October 20206 ;”, and (ii) by the insertion of the following subsection after subsection (1): “(1A) This Act shall apply and has effect, subject to the following and any other necessary modifications— (a) as if a reference to a competent authority included a reference to EPPO, and (b) as if a reference to another Member State or other such States included a reference to a relevant EPPO member state (within the meaning of the Criminal Justice (Mutual Assistance) Act 2008 ).”, and (b) in section 9(1)— (i) in paragraph (c), by the substitution of “European Communities,” for “European Communities, or”, (ii) in paragraph (d), by the substitution of “Act 2008, or” for “Act 2008,”, and (iii) by the insertion of the following paragraph after paragraph (d): “(e) one or more officers designated by EPPO.”.

PART 7

Anonymity of witnesses in criminal proceedings Anonymity of witnesses in criminal proceedings 55. (1) Without prejudice to any enactment or rule of law, a court may order such measures (referred to in this section as “anonymity measures”) to be taken in relation to a witness in criminal proceedings as the court considers appropriate to ensure that the identity of the witness is not disclosed in or in connection with the proceedings.

PART 8

Forensic Science Ireland Certificate Evidence Certificates relating to receipt, handling, transmission or storage 56. (1) In any criminal proceedings, the production of a certificate purporting to be signed by an officer of Forensic Science Ireland of the Department of Justice and relating to the receipt, handling, transmission or storage, as the case may be, specified in the certificate of any item so specified shall, until the contrary is proved, be evidence of any fact thereby certified without proof of any signature thereon or that any such signature is that of such officer.

Amendment of section 10 of Misuse of Drugs Act 1984 57. (1) The Misuse of Drugs Act 1984 is amended by the substitution of the following section for section 10: “10. (1) In any proceedings for an offence under the Principal Act or section 5 of this Act, the production of a certificate purporting to be signed by an officer of Forensic Science Ireland of the Department of Justice and relating to an examination, inspection, test or analysis, as the case may be, specified in the certificate of a controlled drug or other substance, product or preparation so specified shall, until the contrary is proved, be evidence of any fact thereby certified without proof of any signature thereon or that any such signature is that of such officer.”.

Amendment of Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 58.

Section 169

of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 is repealed.

Amendment of Schedule to Criminal Law (Jurisdiction) Act 1976 59. The Schedule to the Criminal Law (Jurisdiction) Act 1976 is amended, in paragraph 7, by the insertion of the following subparagraph after subparagraph (a) : “(aa) section 4A (non-fatal strangulation or non-fatal suffocation causing serious harm)”.

PART 9

Miscellaneous Amendment of Criminal Evidence Act 1992 60. The Criminal Evidence Act 1992 is amended— (a) in section 12(1), in the definition of “relevant offence”— (i) by the insertion of the following paragraph after paragraph (b): “(ba) an offence under section 10 (amended by section 23 of the Criminal Justice (Miscellaneous Provisions) Act 2023) of the Non-Fatal Offences against the Person Act 1997 ;”, (ii) by the insertion of the following paragraph after paragraph (da): “(db) an offence under section 44

Amendment of section 2 of Criminal Justice Act 1993 61. (1)

Section 2

of the Criminal Justice Act 1993 is amended by the insertion of the following subsections after subsection (4): “(5) Where the convicted person in relation to whom an application under this section is made is a person who was under the age of 18 years when the sentence was imposed on him by the sentencing court concerned and he has attained the age of 18 years on or before the date on which the application is determined by the Court, the reference in subsection (3)(a) to a sentence which could have been imposed on him by the sentencing court concerned shall be construed as a reference to a sentence which could have been imposed on him by the sentencing court concerned had he attained that age at the time when the sentence was so imposed.

Amendment of section 3 of Criminal Procedure Act 1993 62. (1)

Section 3

of the Criminal Procedure Act 1993 is amended by the insertion of the following subsections after subsection (8): “(9) For the purposes of subsection (1)(d), where the appellant is a person who— (a) was under the age of 18 years when he was convicted and sentenced at the trial, and (b) has attained the age of 18 years on or before the date on which the appeal is determined by the Court, the sentence that may be imposed on the person by the Court pursuant to subparagraph (ii) of subsection (1)(d) for some other offence and in substitution for the sentence imposed at the trial shall not be deemed to be a sentence of greater severity by reason only of the fact that the sentence could not have been imposed on the person at the trial given that the person was under the age of 18 years at the time of sentencing.

Amendment of Criminal Justice (Public Order) Act 1994 63. The Criminal Justice (Public Order) Act 1994 is amended— (a) by the insertion of the following section after section 9: “Failure to comply with direction of member of Garda Síochána with regard to court proceedings 9A. (1) Where a member of the Garda Síochána finds a person in a place where any court proceedings take, or are taking, place before a judge or a court officer and he or she suspects, with reasonable cause, that the person, whether alone or in the company of other persons, is— (a) without lawful authority or reasonable excuse wilfully interfering with or obstructing— (i) the conduct of the proceedings, or (ii) witnesses or other persons connected with the proceedings, or (b) acting in a manner which gives rise to a reasonable apprehension for the safety of persons or the safety of property or for the maintenance of the public peace, the member may direct the person so suspected to do either or both of the following: (i) desist from acting in such a manner; (ii) leave immediately the vicinity of the place concerned in a peaceable and orderly manner.

Amendment of First Schedule to Extradition (Amendment) Act 1994 64. The First Schedule to the Extradition (Amendment) Act 1994 is amended in paragraph 6 by— (a) the insertion of the following subparagraph after subparagraph (a): “(aa) section 3A (non-fatal strangulation or non-fatal suffocation);”, and (b) the insertion of the following subparagraph after subparagraph (b): “(ba) section 4A (non-fatal strangulation or non-fatal suffocation causing serious harm);”.

Amendment of Civil Legal Aid Act 1995 65.

Section 28

of the Civil Legal Aid Act 1995 is amended by the substitution of the following subsection for subsection (5D) (inserted by section 46 of the Domestic Violence Act 2018 ): “(5D) Notwithstanding any other provision of this Act, where— (a) an applicant or respondent (within the meaning of the Domestic Violence Act 2018 ) is prevented from conducting a cross-examination referred to in section 16 of that Act, or (b) an applicant or respondent (within the meaning of

Part 5

of the Criminal Justice (Miscellaneous Provisions) Act 2023) is prevented from conducting a cross-examination referred to in section 32 of that Act, the Board shall grant a legal aid certificate to the applicant or respondent, as the case may be, for the purpose of his or her being represented in relation to such a cross-examination.”.

Amendment of Schedule to Bail Act 1997 66. The Schedule to the Bail Act 1997 is amended— (a) in paragraph 7— (i) by the insertion of the following subparagraph after subparagraph (a): “(aa) section 3A (non-fatal strangulation or non-fatal suffocation);”, (ii) by the insertion of the following subparagraph after subparagraph (b): “(ba) section 4A (non-fatal strangulation or non-fatal suffocation causing serious harm;)”, and (iii) by the substitution of the following for subparagraph (h): “(h) section 10 (harassment or stalking);”, and (b) by the substitution of the following paragraphs for paragraphs 38 to 40: “Offences relating to female genital mutilation 38. An offence under section 2 , 3 or 4 of the Criminal Justice (Female Genital Mutilation) Act 2012 .

Offences Relating to Information Systems 39. An offence under section 2 , 3 , 4 , 5 or 6 of the Criminal Justice (Offences Relating to Information Systems) Act 2017 .

Corruption Offences 39A. Any offence under the Prevention of Corruption Acts 1889 to 2010.

Amendment of Second Schedule to Criminal Justice (Safety of United Nations Workers) Act 2000 67.The Second Schedule to the Criminal Justice (Safety of United Nations Workers) Act 2000 is amended in paragraph 4 of Part I by— (a) the insertion of the following subparagraph after subparagraph (b): “(ba) section 3A (non-fatal strangulation or non-fatal suffocation);”, and (b) the insertion of the following subparagraph after subparagraph (c): “(ca) section 4A (non-fatal strangulation or non-fatal suffocation causing serious harm);”.

Amendment of Criminal Justice (Theft and Fraud Offences) Act 2001 68.

Section 36

of the Criminal Justice (Theft and Fraud Offences) Act 2001 is amended by the substitution of the following subsection for subsection (3): “(3) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding— (a) in the case of an offence under subsection (1), 10 years, or (b) in the case of an offence under subsection (2), five years, or both.”.

Amendment of Civil Liability and Courts Act 2004 69.

Section 39

of the Civil Liability and Courts Act 2004 is amended, in the definition of “relevant enactment”— (a) in paragraph (l), by the substitution of “2010;” for “2010.”, and (b) by the insertion of the following paragraph after paragraph (l): “(m) section 37 of the Criminal Justice (Miscellaneous Provisions) Act 2023.”.

Amendment of Criminal Justice (Terrorist Offences) Act 2005 70. The Criminal Justice (Terrorist Offences) Act 2005 is amended— (a) in Part 1 of Schedule 2, in paragraph 2, by— (i) the insertion of the following subparagraph after subparagraph (a): “(aa) section 3A (non-fatal strangulation or non-fatal suffocation);”, and (ii) the insertion of the following subparagraph after subparagraph (b): “(ba) section 4A (non-fatal strangulation or non-fatal suffocation causing serious harm);”, and (b) in Part 1 of Schedule 6, in paragraph 2, by— (i) the insertion of the following subparagraph after subparagraph (b): “(ba) section 3A (non-fatal strangulation or non-fatal suffocation);”, and (ii) the insertion of the following subparagraph after subparagraph (c): “(ca) section 4A (non-fatal strangulation or non-fatal suffocation causing serious harm);”.

Amendment of Garda Síochána Act 2005 71.

Section 122

Amendment of Schedule 1 to Criminal Law (Insanity) Act 2006 72. Schedule 1 to the Criminal Law (Insanity) Act 2006 is amended— (a) in paragraph 1, by the substitution of “appoint. The Minister may also appoint a deputy chairperson to the Review Board, where the Minister, after undertaking such consultation, considers it to be appropriate.” for “appoint.”, (b) in paragraph 2, by the substitution of “chairperson and, where applicable, the deputy chairperson” for “chairperson”, (c) in paragraph 7, by the substitution of “chairperson and, where applicable, the deputy chairperson (other than a chairperson or deputy chairperson who is a serving judge)” for “chairperson other than a chairperson who is a serving judge”, and (d) by the insertion of the following paragraph after paragraph 8: “8A. In the event that the chairperson is temporarily unable to perform his or her functions as chairperson due to absence or incapacity— (a) where a deputy chairperson has been appointed, the deputy chairperson shall act as chairperson for the duration of the period of absence or incapacity, or (b) where a deputy chairperson has not been appointed or the deputy chairperson is temporarily unable to act as chairperson due to absence or incapacity, the Minister may appoint— (i) a member of the Review Board, or (ii) any other person, possessing the qualifications referred to in paragraph 2 of this Schedule, to act as chairperson during the period during which the chairperson is unable to so act.”.

Amendment of Criminal Justice Act 2006 73. The Criminal Justice Act 2006 is amended—