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 1. Short title, collective citation and commencement 2. Expenses PART 2 Conspiracy to murder 3. Amendment of section 4 of Offences against the Person Act 1861 4. Amendment of Criminal Justice Act 2006 5. Amendment of Criminal Justice Act 2007 6. Amendment of European Union (Passenger Name Record Data) Regulations 2018 PART 3 Amendment of Explosives Act 1875 and Firearms Act 1925 7. Definition (Part 3) 8. Amendment of section 5 of Explosives Act 1875 9. Amendment of section 2 of Act of 1925 10. Insertion of section 3DA into Act of 1925 11. Amendment of section 4A of Act of 1925 12. Insertion of new section 4AA into Act of 1925 13. Amendment of section 4B of Act of 1925 14. Amendment of section 4C of Act of 1925 15. Insertion of new section 14A into Act of 1925 16. Amendment of section 23 of Act of 1925 17. Amendment of section 24 of Act of 1925 18. Insertion of new section 26A into Act of 1925 PART 4 Amendment of Non-Fatal Offences against the Person Act 1997 19. Definition (Part 4) 20. Amendment of section 3 of Act of 1997 21. Non-fatal strangulation or non-fatal suffocation 22. Non-fatal strangulation or non-fatal suffocation causing serious harm 23. Harassment or stalking 24. Prohibition on publication or broadcast of certain material 25. Transitional provision 26. Amendment of section 25 of Act of 1997 PART 5 Civil orders against relevant conduct 27. Definitions (Part 5) 28. Order under section 28 29. Variation or discharge of order under section 28 30. Renewal of order under section 28 31. Application under section 28, 29 or 30 by member of Garda Síochána 32. Protection against cross-examination by applicant or respondent 33. Requirement to give reasons for certain decisions 34. Taking effect of relevant order 35. Copies of orders to be given to certain persons 36. Exercise of jurisdiction by court in civil proceedings 37. Hearing of proceedings 38. Special sitting of District Court 39. Evidence through television link for civil proceedings 40. Right to be accompanied in court in certain circumstances 41. Costs 42. Rules of court and service of documents 43. Extraterritoriality 44. Offence 45. Arrest without warrant 46. Prohibition on publication or broadcast of certain material relating to offence under section 44 47. Saver (Part 5) PART 6 Amendment of Criminal Justice (Mutual Assistance) Act 2008 48. Definition (Part 6) 49. Amendment of section 2(1) of Act of 2008 50. Application for purposes of Part 7B 51. Amendment of section 53 of Act of 2008 52. Assistance in criminal matters between State and EPPO 53. Amendment of section 109 of Act of 2008 54. Amendment of Criminal Justice (Joint Investigation Teams) Act 2004 PART 7 Anonymity of witnesses in criminal proceedings 55. Anonymity of witnesses in criminal proceedings PART 8 Forensic Science Ireland Certificate Evidence 56. Certificates relating to receipt, handling, transmission or storage 57. Amendment of section 10 of Misuse of Drugs Act 1984 58. Amendment of Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 59. Amendment of Schedule to Criminal Law (Jurisdiction) Act 1976 PART 9 Miscellaneous 60. Amendment of Criminal Evidence Act 1992 61. Amendment of section 2 of Criminal Justice Act 1993 62. Amendment of section 3 of Criminal Procedure Act 1993 63. Amendment of Criminal Justice (Public Order) Act 1994 64. Amendment of First Schedule to Extradition (Amendment) Act 1994 65. Amendment of Civil Legal Aid Act 1995 66. Amendment of Schedule to Bail Act 1997 67. Amendment of Second Schedule to Criminal Justice (Safety of United Nations Workers) Act 2000 68. Amendment of Criminal Justice (Theft and Fraud Offences) Act 2001 69. Amendment of Civil Liability and Courts Act 2004 70. Amendment of Criminal Justice (Terrorist Offences) Act 2005 71. Amendment of Garda Síochána Act 2005 72. Amendment of Schedule 1 to Criminal Law (Insanity) Act 2006 73. Amendment of Criminal Justice Act 2006 74. Amendment of Prisons Act 2007 75. Amendment of Schedule 2 to Criminal Justice Act 2007 76. Amendment of Schedule 3 to Broadcasting Act 2009 77. Amendment of Schedule to Criminal Procedure Act 2010 78. Amendment of Communications (Retention of Data) Act 2011 79. Amendment of Schedule 1 to Criminal Justice Act 2011 80. Amendment of Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 81. Amendment of Schedule 1 to Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 82. Amendment of Domestic Violence Act 2018 83. Amendment of section 12 of Criminal Justice (Corruption Offences) Act 2018 84. Amendment of section 1 of Criminal Law (Extraterritorial Jurisdiction) Act 2019 85. Amendment of section 17 of Parole Act 2019 86. Provision relating to insertion of sections 6A to 6F of Communications (Retention of Data) Act 2011 87. Amendment of Schedule 2 to European Union (Passenger Name Record Data) Regulations 2018 Acts Referred to Bail Act 1997 (No. 16) Broadcasting Act 2009 (No. 18) Broadcasting and Other Media Regulation Acts 2009 and 2022 Civil Legal Aid Act 1995 (No. 32) Civil Liability and Courts Act 2004 (No. 31) Communications (Retention of Data) (Amendment) Act 2022 (No. 25) Communications (Retention of Data) Act 2011 (No. 3) Courts (Supplemental Provisions) Act 1961 (No. 39) Courts Act 1964 (No. 11) Courts of Justice Act 1953 (No. 32) Criminal Evidence Act 1992 (No. 12) Criminal Justice (Corruption Offences) Act 2018 (No. 9) Criminal Justice (Female Genital Mutilation) Act 2012 (No. 11) Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (No. 11) Criminal Justice (Joint Investigation Teams) Act 2004 (No. 20) Criminal Justice (Mutual Assistance) Act 2008 (No. 7) Criminal Justice (Mutual Assistance) Acts 2008 and 2015 Criminal Justice (Offences Relating to Information Systems) Act 2017 (No. 11) Criminal Justice (Public Order) Act 1994 (No. 2) Criminal Justice (Public Order) Acts 1994 to 2014 Criminal Justice (Safety of United Nations Workers) Act 2000 (No. 16) Criminal Justice (Terrorist Offences) Act 2005 (No. 2) Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50) Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (No. 24) Criminal Justice Act 1990 (No. 16) Criminal Justice Act 1993 (No. 6) Criminal Justice Act 2006 (No. 26) Criminal Justice Act 2007 (No. 29) Criminal Justice Act 2011 (No. 22) Criminal Law (Extraterritorial Jurisdiction) Act 2019 (No. 6) Criminal Law (Insanity) Act 2006 (No. 11) Criminal Law (Jurisdiction) Act 1976 (No. 14) Criminal Law (Sexual Offences) Act 2017 (No. 2) Criminal Procedure Act 1993 (No. 40) Criminal Procedure Act 2010 (No. 27) Domestic Violence Act 2018 (No. 6) Explosives Act 1875 (38 & 39 Vict., c. 17) Extradition (Amendment) Act 1994 (No. 6) Firearms (Firearm Certificates For Non-Residents) Act 2000 (No. 20) Firearms (Proofing) Act 1968 (No. 20) Firearms Act 1925 (No. 17) Firearms Act 1964 (No. 1) Firearms Acts 1925 to 2009 Garda Síochána Act 2005 (No. 20) Interpretation Act 2005 (No. 23) Medical Practitioners Act 2007 (No. 25) Misuse of Drugs Act 1984 (No. 18) Non-Fatal Offences against the Person Act 1997 (No. 26) Offences against the Person Act 1861 (24 & 25 Vict., c. 100) Parole Act 2019 (No. 28) Prevention of Corruption Acts 1889 to 2010 Prisons Act 2007 (No. 10) Number 24 of 2023 CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2023 An Act to amend the 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. (3) The Criminal Justice (Mutual Assistance) Acts 2008 and 2015 and Part 6 may be cited together as the Criminal Justice (Mutual Assistance) Acts 2008 to 2023. (4) The Criminal Justice (Public Order) Acts 1994 to 2014 and section 63 may be cited together as the Criminal Justice (Public Order) Acts 1994 to 2023. (5) This Act shall come into operation on such day or days as may be appointed by order or orders made by the Minister for Justice, either generally or by reference to any particular purpose or provisions, and different days may be so appointed for different purposes or different provisions. 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. (2) On the day that is 3 months after the relevant date, any firearm certificate for a semi-automatic centre-fire rifle that was first granted after 18 September 2015 and that was in force immediately before the relevant date shall stand revoked. (3) This section shall not affect the possibility of renewal of a firearm certificate for a semi-automatic centre-fire rifle under section 3 of this Act, or under section 9 of the Act of 1964, where the firearm certificate was first granted on or before 18 September 2015 and was in force on the relevant date. (4) On or after the relevant date, the Minister or the Commissioner shall not, under section 11(1) of the Act of 1964, substitute for the description of a firearm in a firearm certificate granted by him or her the description of a semi-automatic centre-fire rifle. (5) Sections 5(3) and 6 shall, on and after the day referred to in subsection (2) of this section, apply in relation to a semi-automatic centre-fire rifle in relation to which the relevant firearm certificate has been revoked pursuant to this section. (6) In this section— ‘Act of 1964’ means the Firearms Act 1964 ; ‘Act of 2000’ means the Firearms (Firearm Certificates For Non-Residents) Act 2000 ; ‘first granted’ means, in relation to a particular semi-automatic centre-fire rifle— (a) the grant (not renewal) of a firearm certificate for the semi-automatic centre-fire rifle under section 3 of 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, or (b) the substitution by the Minister or the Commissioner, under section 11(1) of the Act of 1964, for the description of a firearm in a firearm certificate granted by him or her the description of the semi-automatic centre-fire rifle, whichever is the earlier; ‘semi-automatic centre-fire rifle’ means a rifled long firearm that— (a) uses a cartridge with a centrally located primer in the base, (b) can self-load a round after each time a round is discharged, and (c) cannot fire more than one round with a single pull on the trigger.”. 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. (2) The minimum standards referred to in subsection (1) shall be determined by reference to any or all of the following matters: (a) the security of the range; (b) the management of the range; (c) the design, construction and maintenance of the range; (d) the types of firearms and ammunition to be used at the range; (e) the types of shooting practices to be conducted at the range; (f) the level of competence of persons using the range.”. 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. (2) A person guilty of an offence under this section shall be liable— (a) if the firearm referred to in subsection (1) is a restricted firearm— (i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or to both, or (ii) on conviction on indictment, to a fine not exceeding €20,000 or to imprisonment for a term not exceeding 7 years or to both, or (b) in any other case— (i) on summary conviction, to a class C fine or to imprisonment for a term not exceeding 12 months or to both, or (ii) on conviction on indictment, to a fine not exceeding €10,000 or to imprisonment for a term not exceeding 5 years or to both. (3) In this section— ‘Act of 1968’ means the Firearms (Proofing) Act 1968 ; ‘marking of a firearm’ means— (a) a mark to which section 4(1)(a) of the Act of 1968 refers, (b) a mark to which section 4(1)(b) of the Act of 1968 refers, (c) a mark to which section 3(12) refers, (d) a mark provided for by regulations made in accordance with section 26A(c), (e) a mark to which Article 5 of Commission Implementing Regulation (EU) 2015/2403 of 15 December 20151 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable, as amended by Article 1(3) of Commission Implementing Regulation (EU) 2018/337 of 5 March 20182 amending Implementing Regulation (EU) 2015/2403 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable, refers, (f) a mark to which Regulation 5 of the Principal Regulations refers, (g) a mark to which Regulation 6 of the Principal Regulations refers, or (h) a mark to which Regulation 7 of the Principal Regulations refers; ‘Principal Regulations’ means the European Union (Acquisition and Possession of Weapons and Ammunition) Regulations 2022 ( S.I. No. 209 of 2022 ).”. 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. (5) A member of the Garda Síochána not below the rank of superintendent who issues a search warrant under this section shall, either at the time the warrant is issued or as soon as reasonably practicable thereafter, record in writing the grounds on which the warrant was issued, including how he or she was satisfied as to the matters referred to in subsection (1B). (6) In this section— ‘independent of’, in relation to the investigation of an offence, means not being in charge of, or involved in, that investigation; ‘place’ includes— (a) a dwelling or a part thereof, (b) a building or a part thereof, (c) a vehicle, whether mechanically propelled or not, (d) a vessel, whether sea-going or not, (e) an aircraft, whether capable of operation or not, and (f) a hovercraft.”. 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. (2) In a prosecution for an offence under subsection (1), it shall be a defence for the accused to show that the other consented to the strangulation or suffocation of which the offence consists. (3) A person guilty of an offence under subsection (1) shall be liable— (a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or to both, or (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 10 years, or to both. (4) A person charged with an offence under subsection (1) may, if the evidence does not warrant a conviction for that offence but warrants a conviction for an offence under section 3, be found guilty of an offence under section 3. (5) In this section and section 4A (inserted by section 22 of the Criminal Justice (Miscellaneous Provisions) Act 2023)— ‘strangle’ includes applying, directly or indirectly, force to the neck of another so as to impede breathing or the circulation of blood; ‘suffocate’ includes— (a) asphyxiating another, and (b) impeding the breathing of another, including by— (i) covering the mouth or nose, (ii) constricting the chest, or (iii) blocking, by means of a foreign object, the airways, of the other.”. 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. (2) A person guilty of an offence under subsection (1) shall be liable on conviction on indictment to a fine or to imprisonment for life or to both. (3) A person charged with an offence under subsection (1) may, if the evidence does not warrant a conviction for that offence but warrants a conviction for an offence under section 4, be found guilty of an offence under section 4. (4) In this section, ‘strangle’ and ‘suffocate’ have the meanings they have in section 3A (inserted by section 21 of the Criminal Justice (Miscellaneous Provisions) Act 2023).”. 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. (2) A person shall be guilty of the offence of stalking where— (a) the person, without lawful authority or reasonable excuse, by his or her acts, intentionally or recklessly causes another, at the time when the acts occur or when the other becomes aware of them— (i) to fear that violence will be used against him or her or another person connected to him or her, or (ii) serious alarm or distress that has a substantial adverse impact on his or her usual day-to-day activities, and (b) the person’s acts are such that a reasonable person would realise that the acts would cause the other, at the time when the acts occur or when the other becomes aware of them, to fear that violence will be used against him or her or another person connected to him or her, or serious alarm or distress that has a substantial adverse impact on his or her usual day-to-day activities. (3) Without prejudice to the generality of subsections (1) and (2), the acts referred to in those subsections include the following: (a) following, watching, monitoring, tracking or spying upon a person; (b) pestering a person; (c) impersonating a person; (d) communicating with or about a person; (e) purporting to act or communicate on behalf of a person; (f) disclosing to other persons private information in respect of a person; (g) interfering with the property (including pets) of a person; (h) loitering in the vicinity of a person; (i) causing, without the consent of the person, an electronic communication or information system operated by a person to function in a particular way; (j) breaching a court order— (i) made pursuant to this section or Part 5 of the Criminal Justice (Miscellaneous Provisions) Act 2023, or (ii) otherwise restraining the person from communicating with or about the other person or, within such distance as is specified in the order, approaching the other or the place of residence, education or employment of the other person. (4) Where a person is guilty of an offence under subsection (1) or (2), the court may, in addition to or as an alternative to any other penalty, order that the person shall not, for such period as the court may specify, communicate by any means with or about the other person or that the person shall not approach within such distance as the court shall specify of the place of residence, education or employment of the other person. (5) An order under subsection (4) shall be in writing. (6) A copy of an order under subsection (4) shall be given to— (a) the person against whom the order is made (‘the subject of the order’), (b) the other person, referred to in subsection (4), (c) the member of the Garda Síochána in charge of the Garda Síochána station for the area in which the person referred to in paragraph (b) resides, and (d) if the subject of the order is sentenced to a period of imprisonment, the person for the time being in charge of the place where the subject of the order is, or is to be, imprisoned. (7) The validity of an order under subsection (4) shall not be affected by non-compliance with subsection (6). (8) A person who fails to comply with the terms of an order under subsection (4) shall be guilty of an offence. (9) A person guilty of an offence under subsection (1), (2) or (8) shall be liable— (a) on summary conviction to a class A fine or to imprisonment for a term not exceeding 12 months, or to both, or (b) on conviction on indictment to a fine or a term of imprisonment not exceeding 10 years, or to both. (10) Without prejudice to any other enactment or rule of law, a court shall, in determining the sentence to be imposed on a person for an offence under this section, treat as an aggravating factor the fact that the person has previously been convicted of an offence against the other person or a person connected with the other person. (11) Subject to subsections (12) and (13), where subsection (10) applies the court shall impose a sentence which is greater than that which would have been imposed in the absence of such factor. (12) Subsection (10) shall not apply where the court considers that there are exceptional circumstances justifying it not applying that subsection. (13) The sentence imposed as a result of the application of subsection (10) shall not be greater than the maximum sentence permissible for the offence concerned. (14) A person charged with an offence under subsection (2) may, if the evidence does not warrant a conviction for that offence but warrants a conviction under subsection (1), be found guilty of an offence under subsection (1). (15) A reference in subsection (10) to an offence against a person includes a reference to an offence involving damage of the property of the person.”. 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. (2) Subsection (1) shall not apply where the alleged victim consents in court to being identified. (3) The court in which proceedings for the offence are brought may, where satisfied that it is in the interests of justice to do so, direct that such information, photograph, depiction or other representation to which subsection (1) applies as the court may specify may be published or broadcast in such manner, and subject to such conditions, as may be specified in the direction. (4) Before giving a direction under subsection (3), the court shall take into account— (a) the views of the alleged victim, and (b) the nature or circumstances of the case, and in particular the effect of the publication or broadcast concerned on the alleged victim. (5) A direction given under subsection (3) shall be in writing. (6) A person who contravenes the terms of a direction given under subsection (3) shall be guilty of an offence. (7) A person who is guilty of an offence under subsection (1) or (6) 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 or to imprisonment for a term not exceeding three years, or both. (8) It shall be a defence for a person who is charged with an offence under subsection (1) or (6) to prove that at the time of the alleged offence the person was not aware, and neither suspected nor had reason to suspect— (a) in the case of an offence under subsection (1), that the information, photograph, depiction or other representation published or broadcast was identifying information, or (b) in the case of an offence under subsection (6), that the information, photograph, depiction or other representation was published or broadcast in contravention of the terms of a direction given under subsection (3). (9) This section is without prejudice to any other enactment or rule of law that operates to prohibit the publication or broadcast of identifying material. (10) In this section— ‘alleged victim’, in relation to an offence under section 10, means the alleged victim of that offence; ‘broadcast’ has the same meaning as it has in the Broadcasting and Other Media Regulation Acts 2009 and 2022; ‘identifying material’, in relation to an offence under section 10, means— (a) information, or (b) a photograph, depiction or other representation of the physical likeness of the alleged victim, that is likely to enable the identification of the alleged victim; ‘publish’ means publish, other than by way of broadcast, to the public or a portion of the public.”. 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. (2) A certificate to which subsection (1) applies shall include a statement as to which paragraph of that subsection applies to the registered medical practitioner who signs the certificate. (3) In this section, ‘registered medical practitioner’ means a person who is a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007 .”. (2) The validity of a certificate to which section 25 of the Act of 1997 applies that was signed by a registered medical practitioner before the coming into operation of subsection (1) shall not be affected by such coming into operation. 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. (2) For the purposes of this Part, “relevant conduct” means conduct engaged in, without lawful authority or reasonable excuse, by the respondent towards the applicant or, where relevant, a person connected to the applicant, that would reasonably be considered likely to cause the applicant— (a) to fear that violence will be used against the applicant or person, or (b) serious alarm or distress that has a substantial adverse impact on his or her usual day-to-day activities. (3) Without prejudice to the generality of subsection (2), the conduct referred to in that subsection includes the following: (a) following, watching, monitoring, tracking or spying upon a person; (b) pestering a person; (c) impersonating a person; (d) communicating with or about a person; (e) purporting to act or communicate on behalf of a person; (f) disclosing to other persons private information in respect of a person; (g) interfering with the property (including pets) of a person; (h) loitering in the vicinity of a person; (i) causing, without the consent of the person, an electronic communication or information system operated by a person to function in a particular way. (4) A reference in this Part to an order under section 28 includes a reference to such an order as varied under section 29 and to a further order made under section 30 . 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”). (2) Subject to subsection (7), an application under subsection (1) shall be made on notice to the respondent concerned. (3) The court, on application to it under this section, may make an order under this section where it is of the opinion that— (a) there are reasonable grounds for believing that the respondent has engaged in relevant conduct towards the applicant or, where relevant, a person connected to the applicant, and (b) the making of the order is, in all of the circumstances, necessary for, and proportionate to, the purpose of protecting the safety and welfare of the applicant. (4) An order under this section may prohibit the respondent from doing any or all of the following in respect of the applicant or, where relevant, a person connected to the applicant: (a) using or threatening to use violence against, molesting or putting in fear the person; (b) following or communicating by any means with or about the person; (c) approaching, within such distance as the court shall specify, the place of residence, education or employment of the person; (d) engaging in such other forms of relevant conduct as the court specifies. (5) An order under this section may be subject to such exceptions and conditions as the court specifies. (6) Subject to subsections (9) and (13), an order under this section shall have effect for a period of 5 years from the date on which it is made, or such shorter period as may be specified by the court. (7) An application under subsection (1) may be made ex parte, where grounded on an affidavit or information sworn by the applicant. (8) An order under this section may be made on an application to which subsection (7) applies where the court, having regard to the particular circumstances of the case, is of the opinion that there are reasonable grounds for believing that there is an immediate risk to the safety and welfare of the applicant. (9) An order under this section that is made under subsection (8) shall have effect for a period of 8 days from the day on which it is made, or such shorter period as may be specified in the order. (10) Where an order under this section is made under subsection (8)— (a) a note of evidence given by the applicant shall be prepared forthwith— (i) by the judge, (ii) by the applicant or by the applicant’s solicitor and approved by the judge, or (iii) as otherwise directed by the judge, and (b) a copy of the order, the affidavit or information sworn under subsection (7) and the note of evidence shall be served on the respondent as soon as practicable. (11) The court, on making an order under this section under subsection (8), shall cause a copy of the order to be given or sent, as soon as practicable— (a) to the applicant, and (b) to such of the persons referred to in paragraphs (d), (e) and (f) of section 35 (1) as the court considers appropriate. (12) The court, on an application under subsection (1) that is made on notice to the respondent, or between the making of that application and its determination, may, pending the determination of the application, make an order under this section (in this Part referred to as an “interim order”) where it is of the opinion that it is necessary and proportionate to do so for the purpose of protecting the safety and welfare of the applicant. (13) An interim order shall cease to have effect on the determination by the court of the application under subsection (1). (14) The court, on making an interim order, shall cause a copy of the interim order to be given or sent, as soon as practicable— (a) to the applicant, (b) to the respondent, and (c) to such of the persons referred to in paragraphs (d), (e) and (f) of section 35 (1) as the court considers appropriate. (15) The validity of an order under this section that is made under subsection (8), or an interim order, shall not be affected by non-compliance with subsection (11) or (14), as the case may be. (16) Sections 30 and 35 shall not apply to an order under this section that is made under subsection (8) or to an interim order. 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 (1)(b), on notice to the applicant and the respondent. (2) The court, on application to it under subsection (1) for the variation of an order, may, where it is of the opinion that it is necessary and proportionate to do so, vary the order concerned as it considers appropriate. (3) The court, on application to it under subsection (1) for the discharge of an order, may— (a) where it is of the opinion that the order is no longer necessary and proportionate under all of the circumstances to protect the safety and welfare of the applicant, discharge the order, or (b) where it is of the opinion that it is necessary and proportionate to do so, vary the order concerned as it considers appropriate. (4) For the purposes of an application under this section or section 30 , an order made by the Circuit Court on appeal from the District Court shall be treated as if it had been made by the District Court. 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 (1)(b) may apply to the court for a further order under that section. (2) Subsections (2) to (6) of section 28 shall apply to an application under subsection (1) as they apply to an application under that section. 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. (2) Before making an application referred to in subsection (1), the member concerned shall, as far as is reasonably practicable, ascertain the views of the applicant concerned as to whether it is appropriate in all the circumstances for the member to make the application concerned. 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. (2) Where— (a) an application is made to a court under section 28 , 29 or 30 , (b) a person who has attained the age of 18 years, being the applicant for the order or the person connected to the applicant towards whom the relevant conduct to which the application relates is alleged to have been engaged in, is to give evidence, and (c) the applicant or respondent proposes to cross-examine the person referred to in paragraph (b) personally, the court may 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. (3) Where an applicant or respondent, as the case may be, is prevented from cross-examining a witness by virtue of subsection (1) or (2), the court shall— (a) invite the applicant or respondent to arrange for a legal representative to act for him or her for the purpose of cross-examining the witness, and (b) require the applicant or respondent to notify the court, by the end of such period as it may specify, as to whether a legal representative is to act for him or her for that purpose. (4) If by the end of the period referred to in subsection (3)(b), the applicant or respondent has notified the court that no legal representative is to act for him or her for the purpose of cross-examining the witness or no notification has been received by the court and it appears to the court that no legal representative is to so act, the court shall consider whether it is necessary, in the interests of justice, for the witness to be cross-examined by a legal representative appointed to act for the applicant or respondent for that purpose. (5) If the court decides under subsection (4) that it is necessary, in the interests of justice, for the witness to be cross-examined by a legal representative appointed to act for the applicant or respondent for that purpose, the court shall appoint a legal representative (chosen by the court) to cross-examine the witness on behalf of the applicant or respondent. 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. (2) Oral communication to the respondent by or on behalf of the applicant of the fact that a relevant order has been made, together with production of a copy of the relevant order, shall, without prejudice to the sufficiency of any other form of notification, be taken to be sufficient notification to the respondent of the making of the order. (3) If the respondent is present at a sitting of the court at which the relevant order is made, that respondent shall be taken for the purposes of subsection (1) to have been notified of its making. (4) A court may direct that a relevant order be served personally by a member of the Garda Síochána on a respondent who is not present at a sitting of the court at which the order is made in any case where— (a) there are reasonable grounds for believing that the respondent may evade service of the order, or (b) there is any other good and sufficient reason to so direct. (5) In this section, “relevant order” means— (a) an order under section 28 or 30 , or (b) an order under section 29 , other than an order discharging an order under section 28 . 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. (2) The validity of an order to which this section relates shall not be affected by non-compliance with subsection (1). 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. (2) For the purposes of subsection (1), a person concerned who would, but for the conduct of the respondent, be residing at a place may be treated by the court as residing at that place. 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. (2) Proceedings under this Part shall be as informal as is practicable and consistent with the administration of justice. (3) Judges hearing and determining proceedings under this Part, and barristers and solicitors appearing in those proceedings, shall not wear wigs or gowns. 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. (2) The Courts Service may, with the consent of a judge of the District Court exercising jurisdiction in accordance with section 36 , arrange such special sittings of the District Court in the district court district referred to in subsection (1)(b) as may be necessary for the purposes specified in that subsection. (3) In this section, “special sitting” means a sitting of the District Court at a place and time not standing appointed for the time being under section 26 of the Courts of Justice Act 1953 or section 40 or 42 of the Courts (Supplemental Provisions) Act 1961 for the transaction of the business of the District Court. 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. (2) Evidence given under subsection (1) shall be video-recorded or audio-recorded. (3) Where live television link facilities are not in operation in a circuit court or district court district, and in the opinion of the court concerned it is desirable that evidence in proceedings under this Part be given …