{"html": "<div class=\"lf-doc\"><p class=\"lf-p\">(a) in section 16, by the insertion of the following subsection after subsection (6): “(7) A reference in subsection (1) to a person being sent forward for trial shall, in relation to proceedings before a Special Criminal Court, include, where appropriate, a reference to such a person being charged before that court.”, and (b) in paragraph 2 of Schedule 3, by the insertion of the following after “section 3 (assault causing harm)”: “section 3A (non-fatal strangulation or non-fatal suffocation)”.</p>\n<p class=\"lf-p\">Amendment of Prisons Act 2007 74. Part 4 of the Prisons Act 2007 is repealed.</p>\n<p class=\"lf-p\">Amendment of Schedule 2 to Criminal Justice Act 2007 75. Schedule 2 to the Criminal Justice Act 2007 is amended in paragraph 2 by the insertion of the following subparagraph after subparagraph (a): “(aa) section 4A (non-fatal strangulation or non-fatal suffocation causing serious harm);”.</p>\n<p class=\"lf-p\">Amendment of Schedule 3 to Broadcasting Act 2009 76. Schedule 3 to the Broadcasting Act 2009 is amended— (a) by the insertion of the following paragraph after paragraph 11: “11A. Online content by which a person without lawful excuse, intentionally or recklessly, causes another to believe on reasonable grounds that he or she is likely immediately to be subjected to suffocation or strangulation, contrary to section 3A(1)(b) of the Non-Fatal Offences against the Person Act 1997 .”, (b) by the substitution of the following paragraph for paragraph 13: “13. Online content by which a person harasses another contrary to section 10(1), stalks another contrary to section 10(2), or breaches an order made under section 10(4), of the Non-Fatal Offences against the Person Act 1997 .”, (c) by the insertion of the following paragraph after paragraph 13: “13A. Online content by which a person publishes or broadcasts identifying material contrary to section 10A of the Non-Fatal Offences against the Person Act 1997 .”, and (d) by the insertion of the following after paragraph 42: “Criminal Justice (Miscellaneous Provisions) Act 2023 43. Online content by which a person breaches an order made under section 28 of the Criminal Justice (Miscellaneous Provisions) Act 2023.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">44.</span>Online content by which a person publishes or broadcasts identifying material contrary to section 46 of the Criminal Justice (Miscellaneous Provisions) Act 2023.”.</div>\n<p class=\"lf-p\">Amendment of Schedule to Criminal Procedure Act 2010 77. The Schedule to the Criminal Procedure Act 2010 is amended in paragraph 10 by the insertion of the following subparagraph after subparagraph (a) : “(aa) section 4A (non-fatal strangulation or non-fatal suffocation causing serious harm);”.</p>\n<p class=\"lf-p\">Amendment of Communications (Retention of Data) Act 2011 78. The Communications (Retention of Data) Act 2011 is amended— (a) in section 1(1), in paragraph (d) of the definition of “superior officer”, by the substitution of “Commission” for “Authority” in each place where it occurs, (b) in section 3A(8), by the substitution of “Schedule 2” for “Schedule 2 data” in each place where it occurs, (c) in section 4(1), by the substitution of “retains or preserves” for “retains”, (d) in section 6— (i) in subsection (3)(a), by the substitution of “officer” for “member”, and (ii) in subsection (4)(a), by the substitution of “officer” for “member”, (e) in section 6B— (i) in subsection (9), by the substitution of “Subject to subsection (15), a superior officer” for “A superior officer”, (ii) in subsection (10)— (I) in paragraph (a), by the substitution of “ex parte,” for “ex parte, and”, (II) in paragraph (b), by the substitution of “issued, and” for “issued.”, and (III) by the insertion of the following paragraph after paragraph (b): “(c) be heard otherwise than in public.”, and (iii) in subsection (15)(b), by the substitution of “subsection (9)” for “subsection (10)”, (f) in section 6D— (i) in subsection (11), by the substitution of “Subject to subsection (17), a superior officer” for “A superior officer”, and (ii) in subsection (12)— (I) in paragraph (a), by the substitution of “ex parte,” for “ex parte, and”, (II) in paragraph (b), by the substitution of “issued, and” for “issued.”, and (III) by the insertion of the following paragraph after paragraph (b): “(c) be heard otherwise than in public.”, (g) in section 6E(5), by the substitution of “section and section 6F,” for “section,”, (h) in section 6F(1)— (i) by the substitution of “Commission” for “Authority”, and (ii) by the substitution of “disclose to the member or officer concerned Schedule 2 data, internet source data or cell site location data, as the case may be” for “disclose to the member Schedule 2 data or, as the case may be, internet source data”, (i) in section 7A(7), by the substitution of “officer” for “member”, (j) in section 7B— (i) in subsection (5)(b)— (I) by the substitution, in subparagraph (i), of “unavailable, or” for “unavailable,”, (II) by the substitution, in subparagraph (ii), of “impeded.” for “impeded, or”, and (III) by the deletion of subparagraph (iii), (ii) in subsection (15), by the substitution of “subsection (21)” for “subsection (18)”, and (iii) in subsection (16)— (I) by the substitution of “subsection (15)” for “subsection (21)”,</p>\n<p class=\"lf-p\">(II) in paragraph (a), by the substitution of “ex parte,” for “ex parte, and”, (III) in paragraph (b), by the substitution of “made, and” for “made.”, and (IV) by the insertion of the following paragraph after paragraph (b): “(c) be heard otherwise than in public.”, (k) in section 7D— (i) in subsection (5)(b)— (I) by the substitution, in subparagraph (i), of “unavailable, or” for “unavailable,”, (II) by the substitution, in subparagraph (ii), of “impeded.” for “impeded, or”, and (III) by the deletion of subparagraph (iii), and (ii) in subsection (16)— (I) in paragraph (a), by the substitution of “ex parte,” for “ex parte, and”, (II) in paragraph (b), by the substitution of “made, and” for “made.”, and (III) by the insertion of the following paragraph after paragraph (b): “(c) be heard otherwise than in public.”, (l) in section 9— (i) in subsection (1), by the substitution of “7C or 7D” for “7C(1) or 7D(1)”, (ii) in subsection (2), by the substitution of “7C or 7D” for “7C(2) or 7D(2)”, (iii) in subsection (3), by the substitution of “7C or 7D” for “7C(6) or 7D(6)”, (iv) in subsection (3A), by the substitution of “7C or 7D” for “7C(7) or 7D(7)”, and (v) in subsection (5)(c), by the substitution of “date on which the disclosure requirement was made” for “disclosure requirement”, (m) in section 10(10), by the substitution of “the requirement” for “the request”, (n) in section 12— (i) in subsection (2)(b), by the substitution of “requirement” for “request”, (ii) in subsection (3), by the substitution of “the requirement” for “the request”, and (iii) in subsection (4), by the substitution of “disclosure requirements” for “disclosure requests”, (o) in section 12A(1), by the substitution of “section” for “sections”, (p) in section 12F(2), by the substitution of the following paragraph for paragraph (c): “(c) the procedures for making a requirement under section 6 or 6F and for making an application under section 6A, 6B, 6C, 6D, 6E, 7A, 7B, 7C or 7D.”, (q) in section 12G(3)— (i) by the substitution of the following paragraph for paragraph (b): “(b) an authorisation issued under section 6B,”, and (ii) by the substitution of the following paragraph for paragraph (d): “(d) a temporary production order made under section 7D(3).”, (r) in section 12I— (i) by the substitution of “Commission” for “Authority”, and (ii) by the deletion of “6E(1),”, and (s) in section 12J(2), by the substitution of “section” for “sections”.</p>\n<p class=\"lf-p\">Amendment of Schedule 1 to Criminal Justice Act 2011 79. Schedule 1 to the Criminal Justice Act 2011 is amended in paragraph 28A by the substitution of “9, 10 or 12” for “9 or 10”.</p>\n<p class=\"lf-p\">Amendment of Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 80. The Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 is amended— (a) in Schedule 1, in paragraph 18, 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 Schedule 2, by the substitution of the following paragraph for paragraph 11: “11. An offence under any of the following provisions of the Non-Fatal Offences against the Person Act 1997 — (a) section 3 (assault causing harm), (b) section 3A (non-fatal strangulation or non-fatal suffocation).”.</p>\n<p class=\"lf-p\">Amendment of Schedule 1 to Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 81. Schedule 1 to the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 is amended— (a) by the repeal of paragraph 1(5), (b) in paragraph 1(7), by the substitution of “human rights, data protection” for “human rights”, and (c) in paragraph 2(6), by the deletion of “and the person nominated for appointment by the Data Protection Commissioner”.</p>\n<p class=\"lf-p\">Amendment of Domestic Violence Act 2018 82. The Domestic Violence Act 2018 is amended— (a) in section 15(2)— (i) in paragraph (d), by the substitution of “1991,” for “1991, or”, (ii) in paragraph (e), by the substitution of “Act of 2010, or” for “Act of 2010.”, and (iii) by the insertion of the following paragraph after paragraph (e): “(f) Part 5 of the Criminal Justice (Miscellaneous Provisions) Act 2023.”, and (b) in section 40(5), in the definition of “relevant offence”, by the substitution of the following paragraph for paragraph (a): “(a) an offence under section 2 , 3 , 3A, 4 , 4A or sections 5 to 15 of the Non-Fatal Offences against the Person Act 1997 ,”.</p>\n<p class=\"lf-p\">Amendment of section 12 of Criminal Justice (Corruption Offences) Act 2018 83.</p>\n<h3 class=\"lf-part\">Section 12</h3>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>(c) of the Criminal Justice (Corruption Offences) Act 2018 is amended by the deletion of the words “the act constitutes an offence under the law of the place where it was done and”.</div>\n<p class=\"lf-p\">Amendment of section 1 of Criminal Law (Extraterritorial Jurisdiction) Act 2019 84.</p>\n<h3 class=\"lf-part\">Section 1</h3>\n<p class=\"lf-p\">of the Criminal Law (Extraterritorial Jurisdiction) Act 2019 is amended, in paragraph (a) of the definition of “relevant offence”, by— (a) the insertion of “3A,” after “3,”, and (b) the insertion of “4A,” after “4,”.</p>\n<p class=\"lf-p\">Amendment of section 17 of Parole Act 2019 85.</p>\n<h3 class=\"lf-part\">Section 17</h3>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>of the Parole Act 2019 is amended by the substitution of “Board” for “Commission”.</div>\n<p class=\"lf-p\">Provision relating to insertion of sections 6A to 6F of Communications (Retention of Data) Act 2011 86. It is hereby confirmed that, notwithstanding section 6 of the Communications (Retention of Data) (Amendment) Act 2022 (“Act of 2022”), sections 6A to 6F contained in section 6 of the Act of 2022 were, on the date on which section 6 of the Act of 2022 came into operation, inserted into the Communications (Retention of Data) Act 2011 after section 6 of that Act.</p>\n<p class=\"lf-p\">Amendment of Schedule 2 to European Union (Passenger Name Record Data) Regulations 2018 87. Schedule 2 to the European Union (Passenger Name Record Data) Regulations 2018 ( S.I. No. 177 of 2018 ) is amended in paragraph 12 by— (a) the insertion of “3A,” after “3,”, and (b) the insertion of “4A,” after “4,”.</p>\n<p class=\"lf-p\">1OJ No. L333, 19.12.2015, p. 62.</p>\n<p class=\"lf-p\">2OJ No. L65, 8.3.2018, p. 1.</p>\n<p class=\"lf-p\">3OJ L 283, 31.10.2017, p. 1-71 4OJ L 431, 21.12.2020, p. 1-4 5OJ L 283, 31.10.2017, p. 1-71 6OJ L 431, 21.12.2020, p. 1-4 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais</p></div>", "next": 0}