Criminal Justice Act 2007

Criminal Justice Act 2007 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 2007 Criminal Justice Act 2007 Criminal Justice Act 2007 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 Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 29 of 2007 CRIMINAL JUSTICE ACT 2007 ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General Section

Section 1

Section 2

Section 3

Section 4

PART 2

Amendment of Enactments Relating to Bail

Section 5

Section 6

Section 7

Section 8

Section 9

Section 10

Section 11

Section 12

Section 13

Section 14

Section 15

Section 16

Section 17

Section 18

Section 19

Section 20

Section 21

Section 22

Section 23

PART 3

Sentencing

Section 24

Section 25

Section 26

Section 27

PART 4

Inferences to be Drawn in Certain Circumstances

Section 28

Section 29

Section 30

Section 31

Section 32

PART 5

Misuse of Drugs

Section 33

PART 6

Amendment of Firearms Acts 1925 to 2006

Section 34

Section 35

Section 36

Section 37

Section 38

Section 39

Section 40

PART 7

Amendment of Garda Síochána Act 2005

Section 41

Section 42

Section 43

PART 8

Amendments to the Sea-Fisheries Acts 2003 and 2006

Section 44

PART 9

Miscellaneous

Section 45

Section 46

Section 47

Section 48

Section 49

Section 50

Section 51

Section 52

Section 53

Section 54

Section 55

Section 56

Section 57

Section 58

Section 59

Section 60

SCHEDULE 1 Enactments Repealed SCHEDULE 2 Offences for the purposes of Part 3 Acts Referred to Bail Act 1997 1997, No. 16 Children Act 2001 2001, No. 24 Criminal Assets Bureau Act 1996 1996, No. 31 Continental Shelf Act 1968 1968, No. 14 Criminal Justice Act 1951 1951, No. 2 Criminal Justice Act 1960 1960, No. 27 Criminal Justice Act 1984 1984, No. 22 Criminal Justice Act 1990 1990, No. 16 Criminal Justice Act 1993 1993, No. 6 Criminal Justice Act 1994 1994, No. 15 Criminal Justice Act 2006 2006, No. 26 Criminal Justice (Drug Trafficking) Act 1996 1996, No. 29 Criminal Justice (Forensic Evidence) Act 1990 1990, No. 34 Criminal Justice (Legal Aid) Act 1962 1962, No. 12 Criminal Justice (Public Order) Act 1994 1994, No. 2 Criminal Justice (Theft and Fraud Offences) Act 2001 2001, No. 50 Criminal Law (Jurisdiction) Act 1976 1976, No. 14 Criminal Law Act 1997 1997, No. 14 Criminal Procedure Act 1967 1967, No. 12 European Parliament Elections Act 1997 1997, No. 2 Explosive Substances Act 1883 46 & 47 Vic., c. 3 Explosives Act 1875 38 & 39 Vic., c. 17 Firearms (Firearm Certificates for Non-Residents) Act 2000 2000, No. 20 Firearms Act 1925 1925, No. 17 Firearms Act 1964 1964, No. 1 Firearms Acts 1925 to 2006 Firearms and Offensive Weapons Act 1990 1990, No. 12 Garda Síochána (Complaints) Act 1986 1986, No. 29 Garda Síochána Act 2005 2005, No. 20 Misuse of Drugs Act 1977 1977, No. 12 Misuse of Drugs Acts 1977 to 2006 National Cultural Institutions Act 1997 1997, No. 11 Non-Fatal Offences against the Person Act 1997 1997, No. 26 Offences Against the State (Amendment) Act 1998 1998, No. 39 Offences Against the State Act 1939 1939, No. 13 Petty Sessions (Ireland) Act 1851 14 & 15 Vic., c. 30 Prisons Act 1970 1970, No. 11 Prisons Act 1972 1972, No. 7 Protection of Employees (Part-Time Work) Act 2001 2001, No. 45 Sea-Fisheries Acts 2003 and 2006 Sea-Fisheries and Maritime Jurisdiction Act 2006 2006, No. 8 The Courts of Justice Act 1924 1924, No. 10 Number 29 of 2007 CRIMINAL JUSTICE ACT 2007 AN ACT TO AMEND CERTAIN ENACTMENTS, INCLUDING THE BAIL ACT 1997, THE CRIMINAL JUSTICE ACT 1984, THE CRIMINAL JUSTICE (LEGAL AID) ACT 1962, THE OFFENCES AGAINST THE STATE (AMENDMENT) ACT 1998, THE MISUSE OF DRUGS ACT 1977, THE FIREARMS ACTS 1925 TO 2006, THE GARDA SÍOCHÁNA ACT 2005, THE CRIMINAL JUSTICE ACT 2006, THE CRIMINAL ASSETS BUREAU ACT 1996 AND THE SEA-FISHERIES ACTS 2003 AND 2006, TO AMEND THE LAW IN RELATION TO SENTENCING IN CERTAIN RESPECTS, TO MAKE PROVISION IN RELATION TO THE ADMINISTRATION OF CAUTIONS BY MEMBERS OF THE GARDA SÍOCHÁNA TO PERSONS IN RELATION TO OFFENCES, TO PROVIDE FOR ADDITIONAL POWERS OF DETENTION BY THE GARDA SÍOCHÁNA OF PERSONS SUSPECTED OF CERTAIN OFFENCES FOLLOWING ARREST OR REARREST OF SUCH PERSONS IN CONNECTION WITH THE INVESTIGATION OF SUCH OFFENCES, AND TO PROVIDE FOR RELATED MATTERS.

[9th May, 2007] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General Short title, collective citations, construction and commencement.

1.— (1) This Act may be cited as the Criminal Justice Act 2007.

Part 8

) comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or different provisions.

Part 2

may be cited together as the Bail Acts 1997 and 2007.

Part 5

may be cited together as the Misuse of Drugs Acts 1977 to 2007 and shall be construed together as one.

Part 6

may be cited together as the Firearms Acts 1925 to 2007 and shall be construed together as one.

Part 7

may be cited together as the Garda Síochána Acts 2005 to 2007.

Part 8

may be cited together as the Sea-Fisheries Acts 2003 to 2007.

Definitions.

2.— In this Act— “Act of 1925” means Firearms Act 1925; “Act of 1964” means Firearms Act 1964; “Act of 1967” means Criminal Procedure Act 1967; “Act of 1984” means Criminal Justice Act 1984; “Act of 1990” means Firearms and Offensive Weapons Act 1990; “Act of 1997” means Bail Act 1997; “Act of 2005” means Garda Síochána Act 2005; “Act of 2006” means Criminal Justice Act 2006; “explosive” means an explosive within the meaning of the Explosives Act 1875 and any other substance or thing that is an explosive substance within the meaning of the Explosive Substances Act 1883 ; “firearm” has the meaning it has in section 1 of the Act of 1925; “Minister” means Minister for Justice, Equality and Law Reform.

Repeals.

3.— (1) Subject to subsection (2), the enactments specified in Schedule 1 are repealed to the extent specified in column 3 of that Schedule.

Expenses.

4.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2

Amendment of Enactments Relating to Bail Amendment of section 1 of Act of 1997.

5.— Section 1 of the Act of 1997 is amended in subsection (1) by the insertion of the following definitions: “ ‘authorised person’ means a person who is appointed in writing by the Minister, or a person who is one of a prescribed class of persons, to be an authorised person for the purposes of sections 6B and 6C; ‘ Minister ’ means Minister for Justice, Equality and Law Reform; ‘prescribed’ means prescribed by regulations made by the Minister;”.

Statement by applicants for bail charged with serious offences.

6.— The Act of 1997 is amended by the insertion of the following section after section 1: “1A.— (1) A person who is charged with a serious offence and applies for bail (in this section referred to as ‘the applicant’) shall, subject to subsections (4) and (5)(c), furnish to the prosecutor a written statement duly signed by the applicant and containing the following information relating to the applicant: (a) his or her name and any other name or names previously used; (b) his or her current occupation and any previous occupation or occupations within the immediately preceding 3 years; (c) his or her source or sources of income within the immediately preceding 3 years; (d) his or her property, whether wholly or partially owned by, or under the control of, the applicant and whether within or outside the State; (e) any previous conviction or convictions of the applicant for a serious offence; (f) any previous conviction or convictions of the applicant for an offence or offences committed while on bail; (g) any previous application or applications by the person for bail, indicating whether or not it was granted and, if granted, the conditions to which the recognisance was subject.

Evidence in applications for bail under section 2.

7.— The Act of 1997 is amended by the insertion of the following section after section 2: “2A.— (1) Where a member of the Garda Síochána not below the rank of chief superintendent, in giving evidence in proceedings under section 2, states that he or she believes that refusal of the application is reasonably necessary to prevent the commission of a serious offence by that person, the statement is admissible as evidence that refusal of the application is reasonably necessary for that purpose.

Amendment of section 5 of Act of 1997.

8.— Section 5 of the Act of 1997 is amended— (a) in subsection (1), by the substitution of “any moneys to be paid into court under a recognisance” for “any recognisance”, (b) in subsection (2), by the substitution of the following paragraph for paragraph (a): “(a) Where a court requires payment of moneys into court by a person or any surety as a condition of a recognisance, it may accept as security, in lieu of such payment, any instrument that it considers to be adequate evidence of the title of a person to property (other than land or any estate, right or interest in or over land).”, and (c) in subsection (3), by the substitution of “moneys paid” for “recognisance paid”.

Amendment of section 6 of Act of 1997.

9.— Section 6 of the Act of 1997 is amended— (a) in subsection (1), by the substitution of the following paragraph for paragraph (a): “(a) the recognisance shall, in addition to the condition requiring his or her appearance before the court at the end of the period of remand of the accused person, be subject to the condition that the accused person shall not commit an offence while on bail,”, and (b) by the insertion of the following subsection after subsection (3): “(3A) A recognisance referred to in subsection (3) shall contain a statement that the accused person may apply to the court at any time to vary or revoke a condition of the recognisance.”.

Application of section 6 in relation to certain appellants.

10.— The Act of 1997 is amended by the insertion of the following section after section 6: “6A.— Section 6 applies in relation to recognisances entered into by persons appealing against sentences of imprisonment imposed by the District Court with the following modifications: (a) by the substitution of the following paragraph for paragraph (a) of subsection (1): ‘(a) the recognisance shall be subject to the following conditions, namely, that the appellant shall— (i) prosecute the appeal, (ii) attend the sittings of the Circuit Court until the appeal has been determined, and (iii) not commit an offence while on bail,’; (b) references in that section to an accused person or a person charged with an offence are to be construed as references to persons so appealing; (c) the reference to a court in subsection (8) is to be construed as a reference to the District Court; and with any other necessary modifications.”.

Electronic monitoring of certain persons admitted to bail.

11.— The Act of 1997 is amended by the insertion of the following section after section 6A: “6B.— (1) Subject to subsection (2), where a person (in this section referred to as ‘the person’) who— (a) is charged with a serious offence or is appealing against a sentence of imprisonment imposed by the District Court, and (b) is admitted to bail on entering into a recognisance which is subject to any of the conditions mentioned in subparagraphs (i) and (iv) of section 6(1)(b), the court may make the recognisance subject to the following further conditions: (i) that the person’s movements while on bail are monitored electronically so that his or her compliance or non-compliance with a condition mentioned in any of the said subparagraphs can be established; (ii) that for that purpose the person has an electronic monitoring device attached to his or her person, either continuously or for such periods as may be specified; and (iii) that an authorised person is responsible for monitoring the person’s compliance or non-compliance with any condition mentioned in the said subparagraphs or in paragraph (ii) of this subsection.

Evidence of electronic monitoring.

12.— The Act of 1997 is amended by the insertion of the following section after section 6B: “6C.— (1) Where the movements of a person are subject to electronic monitoring as a condition of the recognisance entered into by the person, evidence of his or her— (a) presence or absence in or from a particular district or place at a particular time, or (b) compliance or non-compliance with a condition imposed under section 6B(1)(ii) in relation to the wearing of an electronic monitoring device, may, subject to this section, be given in any proceedings by the production of the following documents: (i) a statement purporting to be generated automatically or otherwise by a prescribed device by which the person’s whereabouts were electronically monitored; (ii) a certificate— (I) that the statement relates to the whereabouts of the person at the dates and times shown in it, and (II) purporting to be signed by an authorised person who is responsible for monitoring electronically the accused person’s compliance with a condition mentioned in subparagraph (i) or (iv) of section 6(1)(b) or in section 6B(1).

Arrangements for electronic monitoring.

13.— The Act of 1997 is amended by the insertion of the following section after section 6C: “6D.— The Minister may, with the consent of the Minister for Finance, make such arrangements, including contractual arrangements, as he or she considers appropriate with such persons as he or she thinks fit for monitoring electronically the compliance or non-compliance of persons with a condition mentioned in subparagraph (i) or (iv) of section 6(1)(b) or in section 6B(1)(ii).”.

Amendment of section 8 of Act of 1997.

14.— Section 8 of the Act of 1997 is amended— (a) in subsection (1), by the insertion of “(if any)” after “amounts”, (b) in subsection (2), by the substitution of “any moneys conditioned to be paid under a recognisance” for “any recognisance”, and (c) in subsection (3), by the substitution of “where the courthouse at which the arrested person is conditioned to appear is situate” for “in which the Garda Síochána station is situate”.

Estreatment of recognisance and forfeiture of moneys paid into court.

15.— The Act of 1997 is amended by the substitution of the following section for section 9: “9.— (1) This section applies where— (a) an accused person or a person who is appealing against a sentence of imprisonment imposed by the District Court (in either case referred to in this section as ‘the person’) is admitted to bail on entering into a recognisance conditioned for his or her appearance before a specified court on a specified date at a specified time and place, and (b) the person— (i) fails to appear in accordance with the recognisance and the court issues a warrant for his or her arrest, or (ii) is brought before the court in accordance with subsection (7) and the court is satisfied that the person has contravened a condition of the recognisance.

Regulations.

16.— The Act of 1997 is amended by the insertion of the following section after section 11: “11A.— (1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or for the purpose of enabling any provision of this Act to have full effect.

Amendment of Schedule to Act of 1997.

17.— The Schedule to the Act of 1997 is amended— (a) by the substitution of the following paragraph for paragraph 14: “14. Any offence under the following provisions of the Firearms Act 1925 : (a) section 2 (restrictions on possession, use, and carriage of firearms); (b) section 3 (applications for, and form and effect of, firearm certificates); (c) section 4A(18) (authorisation of rifle or pistol clubs or shooting ranges); (d) section 10A (reloading of ammunition); (e) section 15 (possession of firearms with intent to endanger life); (f) section 25 (punishments).”, (b) by the substitution of the following paragraph for paragraph 16: “16. Any offence under the following provisions of the Firearms and Offensive Weapons Act 1990 : (a) section 7 (possession, sale, etc., of silencers); (b) section 8 (reckless discharge of firearm); (c) section 9 (possession of knives and other articles); (d) section 10 (trespassing with a knife, weapon of offence or other article); (e) section 11 (production of article capable of inflicting serious injury); (f) section 12 (power to prohibit manufacture, importation, sale, hire or loan of offensive weapons); (g) section 12A (shortening barrel of shotgun or rifle).”, (c) by the insertion of the following paragraph after paragraph 16: “16A. Any offence under section 3 of the Firearms (Firearm Certificates for Non-Residents) Act 2000 (prohibition of false information and alteration of firearm certificates).”, and (d) by the substitution of the following paragraph for paragraph 30: “30. An offence of attempting or conspiring to commit, or inciting the commission of, any offence mentioned in this Schedule.”.

Amendment of section 22 of Act of 1967.

18.— Section 22 of the Act of 1967 is amended— (a) by the insertion of the following subsection after subsection (1): “(1A) The Court may admit a person to bail without imposing a condition in the recognisance as to payment of moneys into court by the person if it considers it appropriate to do so, having regard to the circumstances of the case, including the means of the person and the nature of the offence in relation to which the person is in custody.”, (b) by the substitution of the following subsections for subsections (2) and (3): “(2) The Court may, instead of taking a recognisance from a person in accordance with subsection (1)— (a) determine the conditions to be contained in the recognisance, including the amount of any moneys to be paid into court under it, with a view to its being subsequently taken, and (b) in the meantime commit the person concerned to custody in accordance with paragraph (a) of that subsection.

Amendment of section 28 of Act of 1967.

19.— Section 28 of the Act of 1967 is amended by the substitution of the following subsection for subsection (3): “(3) (a) An applicant for bail or the prosecutor may appeal to the High Court if dissatisfied with a refusal or grant of the application for bail or, where bail is granted, with any matter relating to the bail. (b) Where the applicant has been remanded in custody by the District Court and the offence with which the applicant is charged is triable by the Circuit Court, the High Court may transfer the appeal to the judge of the Circuit Court for the circuit in which the prison or place of detention to which the applicant has been remanded is situated. (c) The judge of the Circuit Court referred to in paragraph (b) shall exercise jurisdiction in respect of the appeal. (d) An appeal against a decision by the Circuit Court under this section lies to the High Court at the instance of the applicant or prosecutor.”.

Amendment of section 31 of Act of 1967.

20.— Section 31 of the Act of 1967 is amended by the substitution of the following subsection for subsection (3): “(3) If the recognisance is conditioned for the payment of a sum of money, that sum may be accepted in lieu of a surety or sureties.”.

Amendment of section 68 of Children Act 2001.

21.—

Section 68

of the Children Act 2001 is amended by the substitution of the following subsection for subsection (4): “(4) If the recognisance is conditioned for the payment of a sum of money, that sum may be accepted in lieu of a surety or sureties.”.

Amendment of section 11 of Act of 1984.

22.— Section 11 of the Act of 1984 is amended by the substitution of the following subsection for subsection (1): “(1) Any sentence of imprisonment passed on a person for an offence— (a) committed while on bail, whether committed before or after the commencement of section 22 of the Criminal Justice Act 2007, or (b) committed after such commencement while the person is unlawfully at large after the issue of a warrant for his or her arrest for non-compliance with a condition of the recognisance concerned, shall be consecutive on any sentence passed on him or her for a previous offence or, if he or she is sentenced in respect of two or more previous offences, on the sentence last due to expire, so however that, where two or more consecutive sentences as required by this section are passed by the District Court, the aggregate term of imprisonment in respect of those consecutive sentences shall not exceed 2 years.”.

Amendment of section 13 of Act of 1984.

23.— Section 13 of the Act of 1984 is amended— (a) in subsection (1), by the substitution of “€5,000” for “£1,000”, and (b) by the addition of the following subsection: “(6) Notwithstanding section 10

PART 3

Sentencing Interpretation (Part 3).

24.— (1) In this Part— “ imprisonment ” includes— (a) detention in Saint Patrick’s Institution, (b) detention in a place provided under section 2 of the Prisons Act 1970 , and (c) detention in a place specified under section 3 of the Prisons Act 1972 , and “ prison ” and “ sentence of imprisonment ” shall be construed accordingly; “ remission from the sentence ” means, in relation to the sentence imposed on a person, the remission which he or she may earn from that sentence under the rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct.

Commission of another offence within specified period.

25.— (1) Subject to subsections (2) and (3), where a person (other than a person under the age of 18 years)— (a) has been convicted on indictment of an offence specified in Schedule 2 (in this section referred to as “the first offence”), (b) has been sentenced to imprisonment for a term of not less than 5 years in respect of that offence, and (c) who is convicted on indictment of an offence specified in Schedule 2 (in this section referred to as “the subsequent offence”) that is committed— (i) during the period of 7 years from the date of conviction of the first offence and, for the purpose of determining that period, there shall be disregarded any period of imprisonment in respect of the first offence or the subsequent offence, or (ii) during any such period of imprisonment, (in this section the total period comprising the periods referred to in subparagraphs (i) and (ii) is referred to as “the specified period”), the court shall, in imposing sentence on the person in respect of the subsequent offence, specify as the minimum term of imprisonment to be served by the person, a term of not less than three quarters of the maximum term of imprisonment prescribed by law in respect of such an offence and, if the maximum term so prescribed is life imprisonment, the court shall specify a term of imprisonment of not less than 10 years.

Monitoring orders and protection of persons orders.

26.— (1) Where a person (other than a person under the age of 18 years) (in this section referred to as “the offender”) is convicted on indictment of an offence specified in Schedule 2 , the court shall consider whether it is appropriate to make an order or orders under this section in relation to the offender for the purpose of monitoring the offender after release from prison or for the purpose of protecting any person.

Amendment of Criminal Justice (Legal Aid) Act 1962.

27.— The Criminal Justice (Legal Aid) Act 1962 is amended— (a) by the insertion of the following sections after section 6: “Legal aid (monitoring order) certificate.

6A.— (1) Where— (a) a monitoring order has been made in relation to a person, and (b) a certificate for free legal aid (in this Act referred to as a ‘legal aid (monitoring order) certificate’) is granted in respect of him or her by the court to which an application is made to vary or revoke the order, the person shall be entitled to free legal aid in the preparation and conduct of an application under section 26

Legal aid (protection of persons order) certificate.

6B.— (1) Where— (a) a protection of persons order has been made in relation to a person, and (b) a certificate for free legal aid (in this Act referred to as a ‘legal aid (protection of persons order) certificate’) is granted in respect of him or her by the court to which an application is made to vary or revoke the order, the person shall be entitled to free legal aid in the preparation and conduct of an application under section 26

PART 4

Inferences to be Drawn in Certain Circumstances Inferences from failure or refusal to account for objects, marks, etc.

28.— (1) The Act of 1984 is amended by the substitution of the following section for section 18: “18.— (1) Where in any proceedings against a person for an arrestable offence evidence is given that the accused— (a) at any time before he or she was charged with the offence, on being questioned by a member of the Garda Síochána in relation to the offence, or (b) when being charged with the offence or informed by a member of the Garda Síochána that he or she might be prosecuted for it, was requested by the member to account for any object, substance or mark, or any mark on any such object, that was— (i) on his or her person, (ii) in or on his or her clothing or footwear, (iii) otherwise in his or her possession, or (iv) in any place in which he or she was during any specified period, and which the member reasonably believes may be attributable to the participation of the accused in the commission of the offence and the member informed the accused that he or she so believes, and the accused failed or refused to give an account, being an account which in the circumstances at the time clearly called for an explanation from him or her when so questioned, charged or informed, as the case may be, then, the court, in determining whether a charge should be dismissed under Part IA of the Criminal Procedure Act 1967 or whether there is a case to answer and the court (or, subject to the judge’s directions, the jury) in determining whether the accused is guilty of the offence charged (or of any other offence of which he or she could lawfully be convicted on that charge) may draw such inferences from the failure or refusal as appear proper; and the failure or refusal may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence in relation to which the failure or refusal is material.

Inferences from failure or refusal to account for accused's presence at a particular place.

29.— (1) The Act of 1984 is amended by the substitution of the following section for section 19: “19.— (1) Where in any proceedings against a person for an arrestable offence evidence is given that the accused— (a) at any time before he or she was charged with the offence, on being questioned by a member of the Garda Síochána in relation to the offence, or (b) when being charged with the offence or informed by a member of the Garda Síochána that he or she might be prosecuted for it, was requested by the member to account for his or her presence at a particular place at or about the time the offence is alleged to have been committed, and the member reasonably believes that the presence of the accused at that place and at that time may be attributable to his or her participation in the commission of the offence and the member informed the accused that he or she so believes, and the accused failed or refused to give an account, being an account which in the circumstances at the time clearly called for an explanation from him or her when so questioned, charged or informed, as the case may be, then, the court, in determining whether a charge should be dismissed under Part IA of the Criminal Procedure Act 1967 or whether there is a case to answer and the court (or, subject to the judge’s directions, the jury) in determining whether the accused is guilty of the offence charged (or of any other offence of which he or she could lawfully be convicted on that charge) may draw such inferences from the failure or refusal as appear proper; and the failure or refusal may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence in relation to which the failure or refusal is material.

Inferences from failure of accused to mention particular facts.

30.— The Act of 1984 is amended by the insertion of the following section after section 19: “19A.— (1) Where in any proceedings against a person for an arrestable offence evidence is given that the accused— (a) at any time before he or she was charged with the offence, on being questioned by a member of the Garda Síochána in relation to the offence, or (b) when being charged with the offence or informed by a member of the Garda Síochána that he or she might be prosecuted for it, failed to mention any fact relied on in his or her defence in those proceedings, being a fact which in the circumstances existing at the time clearly called for an explanation from him or her when so questioned, charged or informed, as the case may be, then, the court, in determining whether a charge should be dismissed under Part IA of the Criminal Procedure Act 1967 or whether there is a case to answer and the court (or, subject to the judge’s directions, the jury) in determining whether the accused is guilty of the offence charged (or of any other offence of which he or she could lawfully be convicted on that charge) may draw such inferences from the failure as appear proper; and the failure may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence in relation to which the failure is material.

Amendment of section 2 of Offences Against the State (Amendment) Act 1998.

31.— (1)

Section 2

of the Offences Against the State (Amendment) Act 1998 is amended— (a) in subsection (1), by— (i) the substitution of “in determining whether a charge should be dismissed under Part IA of the Criminal Procedure Act 1967 ” for “in determining whether to send forward the accused for trial”, and (ii) the substitution of “a person shall not be convicted of the offence solely or mainly on an inference drawn from such a failure” for “a person shall not be convicted of the offence solely on an inference drawn from such a failure”, (b) by the substitution of the following subsection for subsection (2): “(2) Subsection (1) shall not have effect unless— (a) the accused was told in ordinary language when being questioned what the effect of such a failure might be, and (b) the accused was afforded a reasonable opportunity to consult a solicitor before such a failure occurred.”, and (c) by the insertion of the following subsections after subsection (3): “(3A) The court (or, subject to the judge’s directions, the jury) shall, for the purposes of drawing an inference under this section, have regard to whenever, if appropriate, an answer to the question concerned was first given by the accused. (3B) This section shall not apply in relation to the questioning of a person by a member of the Garda Síochána unless it is recorded by electronic or similar means or the person consents in writing to it not being so recorded. (3C) References in subsection (1) to evidence shall, in relation to the hearing of an application under Part IA of the Criminal Procedure Act 1967 for the dismissal of a charge, be taken to include a statement of the evidence to be given by a witness at the trial.”.

Regulations.

32.— (1) The Minister may make regulations providing for the administration of cautions by members of the Garda Síochána to persons in relation to offences.

PART 5

Misuse of Drugs Amendment of section 27 of Misuse of Drugs Act 1977.

33.—

Section 27

of the Misuse of Drugs Act 1977 is amended by the substitution of the following subsections for subsections (3A) to (3K): “(3A) Every person guilty of an offence under section 15A or 15B of this Act shall be liable, on conviction on indictment— (a) to imprisonment for life or such shorter term as the court may determine, subject to subsections (3C) and (3D) of this section or, where subsection (3F) of this section applies, to that subsection, and (b) at the court’s discretion, to a fine of such amount as the court considers appropriate. (3B) The court, in imposing sentence on a person for an offence under section 15A or 15B of this Act, may, in particular, have regard to whether the person has a previous conviction for a drug trafficking offence. (3C) Where a person (other than a person under the age of 18 years) is convicted of an offence under section 15A or 15B of this Act, the court shall, in imposing sentence, specify a term of not less than 10 years as the minimum term of imprisonment to be served by the person. (3D) (a) The purpose of this subsection is to provide that in view of the harm caused to society by drug trafficking, a court, in imposing sentence on a person (other than a person under the age of 18 years) for an offence under section 15A or 15B of this Act, shall specify a term of not less than 10 years as the minimum term of imprisonment to be served by the person, unless the court determines that by reason of exceptional and specific circumstances relating to the offence, or the person convicted of the offence, it would be unjust in all the circumstances to do so. (b) Subsection (3C) of this section shall not apply where the court is satisfied that there are exceptional and specific circumstances relating to the offence, or the person convicted of the offence, which would make a sentence of not less than 10 years imprisonment unjust in all the circumstances and for that purpose the court may, subject to this subsection, have regard to any matters it considers appropriate, including— (i) whether that person pleaded guilty to the offence and, if so— (I) the stage at which he or she indicated the intention to plead guilty, and (II) the circumstances in which the indication was given, and (ii) whether that person materially assisted in the investigation of the offence. (c) The court, in considering for the purposes of paragraph (b) of this subsection whether a sentence of not less than 10 years imprisonment is unjust in all the circumstances, may have regard, in particular, to—

(i) whether the person convicted of the offence concerned was previously convicted of a drug trafficking offence, and (ii) whether the public interest in preventing drug trafficking would be served by the imposition of a lesser sentence. (3E) Subsections (3C) and (3D) of this section apply and have effect only in relation to a person convicted of a first offence under section 15A or 15B of this Act (other than a person who falls under paragraph (b) of subsection (3F) of this section), and accordingly references in those first-mentioned subsections to an offence under section 15A or 15B of this Act are to be construed as references to a first such offence. (3F) Where a person (other than a person under the age of 18 years)— (a) is convicted of a second or subsequent offence under section 15A or 15B of this Act, or (b) is convicted of a first offence under one of those sections and has been convicted under the other of those sections, the court shall, in imposing sentence, specify a term of not less than 10 years as the minimum term of imprisonment to be served by the person. (3G) The power conferred by section 23 of the Criminal Justice Act 1951 to commute or remit a punishment shall not, in the case of a person serving a sentence imposed under subsection (3A) of this section, be exercised before the expiry of the minimum term specified by the court under subsection (3C) or (3F), as may be appropriate, of this section less any reduction of that term under subsection (3H) of this section. (3H) The rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct shall apply in the case of a person serving a sentence imposed under subsection (3A) of this section and the minimum term specified by the court under subsection (3C) of this section shall be reduced by the amount of any remission so earned by the person. (3I) Any powers conferred by rules made under section 2 of the Criminal Justice Act 1960 to release temporarily a person serving a sentence of imprisonment shall not, in the case of a person serving a sentence imposed under subsection (3A) of this section, be exercised during the term for which the commutation or remission of his or her punishment is prohibited by subsection (3G) of this section unless for a grave reason of a humanitarian nature, and any release so granted shall be only of such limited duration as is justified by such reason. (3J) In imposing a sentence on a person convicted of an offence under section 15A or 15B of this Act, a court—

(a) may inquire whether at the time of the commission of the offence the person was addicted to one or more controlled drugs, and (b) if satisfied that the person was so addicted at that time and that the addiction was a substantial factor leading to the commission of the offence, may list the sentence for review after the expiry of not less than one-half of the term specified by the court under subsection (3C) or (3F), as may be appropriate, of this section. (3K) On reviewing a sentence listed under subsection (3J)(b) of this section, the court— (a) may suspend the remainder of the sentence on any conditions it considers fit, and (b) in deciding whether to exercise its powers under this subsection, may have regard to any matters it considers appropriate. (3L) Paragraph (a) of section 13(2) of the Criminal Procedure Act 1967 shall not apply in relation to an offence under section 15A or 15B of this Act, but each of those offences shall be deemed for the purposes of paragraph (b) of section 13(2) of that Act to be an offence to which section 13 of that Act applies. (3M) The reference in subsection (3I) of this section to section 2 of the Criminal Justice Act 1960 shall be construed to include that section as applied by section 4 of the Prisons Act 1970 . (3N) In subsections (3B) and (3D) of this section ‘drug trafficking offence’ has the meaning it has in section 3(1) of the Criminal Justice Act 1994 and in subsection (3D) of this section ‘drug trafficking’ has the meaning it has in the said section 3(1).”.

PART 6

Amendment of Firearms Acts 1925 to 2006 Amendment of section 2 of Act of 1925.

34.— Section 2 of the Act of 1925 is amended— (a) in subsection (5)(a), by the substitution of “, (j) or (k)” for “or (j)”, and (b) by the insertion of the following subsection after subsection (6): “(7) The superintendent of any district may authorise the Board of the National Museum in writing to possess for a specified period a firearm that is a museum heritage object within the meaning of the National Cultural Institutions Act 1997 .”.

Amendment of section 15 of Act of 1925.

35.— Section 15 of the Act of 1925 is amended— (a) by the insertion of the following subsection after subsection (4): “(4A) The purpose of subsections (5) and (6) of this section is to provide that in view of the harm caused to society by the unlawful possession and use of firearms, a court, in imposing sentence on a person (except a person under the age of 18 years) for an offence under this section, shall specify as the minimum term of imprisonment to be served by the person a term of not less than 10 years, unless the court determines that by reason of exceptional and specific circumstances relating to the offence, or the person convicted of it, it would be unjust in all the circumstances to do so.”, and (b) in subsection (5), by the insertion of “, subject to subsection (6),” after “and for this purpose the court may”.

Amendment of section 26 of Act of 1964.

36.— Section 26 of the Act of 1964 is amended— (a) by the insertion of the following subsection after subsection (4): “(4A) The purpose of subsections (5) and (6) of this section is to provide that in view of the harm caused to society by the unlawful possession and use of firearms, a court, in imposing sentence on a person (other than a person under the age of 18 years) for an offence under this section, shall specify as the minimum term of imprisonment to be served by the person a term of not less than 5 years, unless the court determines that by reason of exceptional and specific circumstances relating to the offence, or the person convicted of it, it would be unjust in all the circumstances to do so.”, and (b) in subsection (5), by the insertion of “, subject to subsection (6),” after “and for this purpose the court may”.

Amendment of section 27 of Act of 1964.

37.— Section 27 of the Act of 1964 is amended— (a) by the insertion of the following subsection after subsection (4): “(4A) The purpose of subsections (5) and (6) of this section is to provide that in view of the harm caused to society by the unlawful possession and use of firearms, a court, in imposing sentence on a person (other than a person under the age of 18 years) for an offence under this section, shall specify as the minimum term of imprisonment to be served by the person a term of not less than 10 years, unless the court determines that by reason of exceptional and specific circumstances relating to the offence, or the person convicted of it, it would be unjust in all the circumstances to do so.”, and (b) in subsection (5), by the insertion of “, subject to subsection (6),” after “and for this purpose the court may”.

Amendment of section 27A of Act of 1964.

38.— Section 27A of the Act of 1964 is amended— (a) in subsection (1), by the insertion of “or ammunition” after “firearm”, (b) by the insertion of the following subsection after subsection (4): “(4A) The purpose of subsections (5) and (6) of this section is to provide that in view of the harm caused to society by the unlawful possession and use of firearms, a court, in imposing sentence on a person (other than a person under the age of 18 years) for an offence under this section, shall specify as the minimum term of imprisonment to be served by the person a term of not less than 5 years, unless the court determines that by reason of exceptional and specific circumstances relating to the offence, or the person convicted of it, it would be unjust in all the circumstances to do so.”, and (c) in subsection (5), by the insertion of “, subject to subsection (6),” after “and for this purpose the court may”.

Amendment of section 27B of Act of 1964.

39.— Section 27B of the Act of 1964 is amended— (a) by the insertion of the following subsection after subsection (4): “(4A) The purpose of subsections (5) and (6) of this section is to provide that in view of the harm caused to society by the unlawful possession and use of firearms, a court, in imposing sentence on a person (other than a person under the age of 18 years) for an offence under this section, shall specify as the minimum term of imprisonment to be served by the person a term of not less than 5 years, unless the court determines that by reason of exceptional and specific circumstances relating to the offence, or the person convicted of it, it would be unjust in all the circumstances to do so.”, and (b) in subsection (5), by the insertion of “, subject to subsection (6),” after “and for this purpose the court may”.

Amendment of section 12A of Act of 1990.

40.— Section 12A of the Act of 1990 is amended— (a) by the insertion of the following subsection after subsection (9): “(9A) The purpose of subsections (10) and (11) is to provide that in view of the harm caused to society by the unlawful possession and use of firearms, a court, in imposing sentence on a person (other than a person under the age of 18 years) for an offence under this section, shall specify as the minimum term of imprisonment to be served by the person a term of not less than 5 years, unless the court determines that by reason of exceptional and specific circumstances relating to the offence, or the person convicted of it, it would be unjust in all the circumstances to do so.”, (b) in subsection (10), by the insertion of “, subject to subsection (11),” after “and for this purpose the court may”, and (c) in subsection (13)(b), by the insertion of “27” after “section 26,”.

PART 7

Amendment of Garda Síochána Act 2005 Establishment and functions of Garda Síochána Executive Management Board.

41.— The Act of 2005 is amended by the insertion of the following Chapter after section 33: “Chapter 3A Establishment and functions of Garda Síochána Executive Management Board Establishment day.

33A.— The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Chapter.

Establishment of Garda Síochána Executive Management Board.

33B.— On the establishment day, a body to be known as An Bord Bainistíochta Feidhmiúcháin an Gharda Síochána or, in the English language, the Garda Síochána Executive Management Board (in this Chapter referred to as “the Board”) stands established to perform the function assigned to it by this Chapter.

Membership of Board.

33C.— (1) The Board consists of— (a) executive members who are responsible for performing the Board’s function, and (b) 3 non-executive members, who participate in an advisory capacity in relation to the performance of that function.

Appointment, etc., of non-executive members.

33D.— (1) The non-executive members of the Board shall— (a) be appointed by the Government on the nomination of the Minister, (b) be persons who have expertise in the strategic and financial management of organisations, the management of their human resources or the planning and review functions relating to them or have other relevant experience, and (c) serve on the Board in a non-executive capacity to provide advice in relation to annual policing plans, budgetary matters, allocation of resources, technology, equipment, setting of targets, training, development and leadership and other related matters.

Function of Board.

33E.— (1) The function of the Board is to keep under review the performance by the Garda Síochána of its functions and the arrangements and strategies in place to support and enhance the performance of those functions.

Provision of information to non-executive members by Garda Commissioner.

33F.— The Garda Commissioner shall make available to the non-executive members of the Board any information which is relevant to the performance of their functions.

Reports to Minister.

33G.— (1) The Board shall furnish to the Minister, at six-monthly intervals, a report on the performance of its function.

Saving.

33H.— The performance by the Board of its function is without prejudice to, and in no way limits, the performance by the Garda Commissioner of his or her functions under section 26 or his or her accountability for the direction, control, management and operational efficiency of the Garda Síochána.”.

Special inquiries relating to Garda Síochána.

42.— The Act of 2005 is amended by the substitution of the following section for section 42: “Special inquiries relating to Garda Síochána.

42.— (1) The Minister, with respect to any matter considered by him or her to be of public concern, may by order appoint a person to— (a) inquire into any aspect of administration, operation, practice or procedure of the Garda Síochána, or the conduct of its members, and (b) make a report to the Minister on the conclusion of the inquiry.

Other amendments to Act of 2005.

43.— The Act of 2005 is amended— (a) in section 11(2), by the substitution of “, Deputy Garda Commissioner or Assistant Garda Commissioner” for “Deputy Garda Commissioner”, (b) in section 15, by the addition of the following subsection: “(6) A reserve member is a volunteer and does not perform his or her functions as such a member under a contract of employment.”, (c) in section 39— (i) in subsection (1), by the insertion of “or a designated officer of the Ombudsman Commission” after “rank”, and (ii) in subsections (3) and (4), by the insertion of “or designated officer” after “rank”, (d) in section 44— (i) in subsection (2)(a), by the insertion of “or a member of the civilian staff of the Garda Commissioner of a grade equivalent to that of Deputy Garda Commissioner” after “Deputy Garda Commissioner”, and (ii) by the addition of the following subsection: “(7) The audit committee may act notwithstanding one or more than one vacancy in its membership, including a vacancy that results in subsection (2) not being complied with.”, (e) in section 47(3), by the substitution of the following paragraph for paragraph (a): “(a) the period beginning on 1 July 2007 and ending 3 months after that date, and”, (f) in section 75(3)(c), by the insertion of “chairperson of the” after “the”, (g) in section 79(10), by the insertion of “Commission” after “Ombudsman”, (h) in section 82(2), by the substitution of “under the provisions” for “under the provision”, (i) in section 94(7), by the substitution of “may have been committed” for “has been committed”, (j) in section 98(1), by the deletion of “, in relation to the member of the Garda Síochána under investigation,”, (k) in section 99(1), by the deletion of “in the prescribed form”, (l) in section 117(6)(b), by the substitution of “with such police service or” for “with any”, and (m) in section 122(1)(h), by the insertion of “, including the retirement ages of reserve members and other ranks in the Garda Síochána” after “members”.

PART 8

Amendments to the Sea-Fisheries Acts 2003 and 2006 Amendments to Sea-Fisheries Acts 2003 and 2006.

44.— The Sea-Fisheries and Maritime Jurisdiction Act 2006 is amended— (a) by inserting after section 17 the following new section: “Search warrants.

17A.— (1) This section applies to an offence under the Sea-Fisheries Acts 2003 to 2007.

PART 9

Miscellaneous Amendment of Garda Síochána (Complaints) Act 1986.

45.— (1) Paragraph 2 of the First Schedule to the Garda Síochána (Complaints) Act 1986 is amended by the insertion of the following subparagraph after subparagraph (3): “(3A) Notwithstanding subparagraphs (2) and (3), the term of office of a member of the Board ceases on the commencement of Schedule 1 to the Garda Síochána Act 2005 in so far as that Schedule relates to the repeal of this Act.”.

Amendment of Act of 2006.

46.— The Act of 2006 is amended by the substitution of the following sections for section 183: “Possession of article intended for use in connection with certain offences.

183.— (1) A person is guilty of an offence if he or she possesses or controls any article in circumstances giving rise to a reasonable inference that he or she possesses or controls it for a purpose connected with the commission, preparation, facilitation or instigation of— (a) an offence under section 15 of the Non-Fatal Offences against the Person Act 1997 , (b) a drug trafficking offence within the meaning of section 3(1) of the Criminal Justice Act 1994 , (c) murder, (d) murder to which section 3 of the Criminal Justice Act 1990 applies, or (e) the common law offence of kidnapping to which section 2 of, and paragraph 4 of the Schedule to, the Criminal Law (Jurisdiction) Act 1976 applies.

Possession of monies intended for use in connection with certain offences.

183A.— (1) A person is guilty of an offence if he or she possesses or controls monies of a value of not less than €5,000 in circumstances giving rise to a reasonable inference that he or she possesses or controls the assets concerned for a purpose connected with the commission, preparation, facilitation or instigation of— (a) an offence under section 14 of the Criminal Justice (Theft and Fraud Offences) Act 2001 , (b) an offence under section 15 of the Non-Fatal Offences against the Person Act 1997 , (c) a drug trafficking offence within the meaning of section 3(1) of the Criminal Justice Act 1994 , (d) an offence under section 17 of the Criminal Justice (Public Order) Act 1994 , (e) murder, (f) murder to which section 3 of the Criminal Justice Act 1990 applies, or (g) the common law offence of kidnapping to which section 2 of, and paragraph 4 of the Schedule to, the Criminal Law (Jurisdiction) Act 1976 applies.

Amendment of section 15 of Criminal Justice (Theft and Fraud Offences) Act 2001.

47.— The Criminal Justice (Theft and Fraud Offences) Act 2001 is amended— (a) in section 15— (i) in subsection (1), by the insertion of the following paragraph after paragraph (a): “(aa) robbery,”, and (ii) by the substitution of the following subsection for subsection (2): “(2) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence the article concerned was not in his or her possession for a purpose specified in subsection (1).”, and (b) in section 19(2), by the substitution of “€5,000” for “£1,500”.

Amendment of Act of 1984.

48.— The Act of 1984 is amended— (a) in section 6— (i) by the insertion of the following subsection after subsection (1): “(1A) Where photographs or fingerprints and palm prints, taken pursuant to subsection (1), are lost or damaged or are otherwise imperfect, they may be taken on a second or further occasion.”, and (ii) by the substitution of the following subsection for subsection (2): “(2) The powers conferred by subsections (1)(c), (1)(d) or (1A) shall not be exercised except on the authority of a member of the Garda Síochána not below the rank of inspector.”, and (b) by the insertion of the following section after section 6: “Use of reasonable force in certain circumstances.

6A.— (1) Without prejudice to the generality of section 6, a member of the Garda Síochána may, where— (a) a person is detained under section 4, and (b) he or she fails or refuses to allow his or her photograph or fingerprints and palm prints to be taken pursuant to section 6, use such force as he or she reasonably considers to be necessary to take the photograph or fingerprints and palm prints.

Destruction of records.

49.— The Act of 1984 is amended by the substitution of the following section for section 8: “8.— (1) Where a person (in this section referred to as ‘the requester’) has had records taken in pursuance of powers conferred by section 6 or 6A of this Act or section 12 of the Act of 2006, and proceedings for an offence to which section 4 applies— (a) are not instituted against the requester within the period of twelve months from the date of the taking of the records, and the failure to institute such proceedings within that period is not due to the fact that he or she has absconded or cannot be found, or (b) have been so instituted and— (i) the requester is acquitted, (ii) the charge against the requester in respect of the offence concerned is dismissed under section 4E of the Criminal Procedure Act 1967 , or (iii) the proceedings are discontinued, he or she may request the Commissioner to have the records concerned destroyed or their use limited.

Powers of detention for specified offences.

50.— (1) This section applies to— (a) murder involving the use of a firearm or an explosive, (b) murder to which section 3 of the Criminal Justice Act 1990 applies, (c) an offence under section 15 of the Act of 1925, or (d) an offence under section 15 of the Non-Fatal Offences against the Person Act 1997 involving the use of a firearm.

(h) (i) A member of the Garda Síochána not below the rank of chief superintendent may apply to a judge of the Circuit Court or District Court for a warrant authorising the detention of a person detained under a warrant issued pursuant to paragraph (g)(ii) for a further period not exceeding 48 hours, if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned. (ii) On an application pursuant to subparagraph (i) the judge concerned shall issue a warrant authorising the detention of the person to whom the application relates for a further period not exceeding 48 hours if, but only if, the judge is satisfied that such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously.

Rearrest.

51.— (1) Where a person is detained pursuant to section 50 and is released without any charge having been made against him or her, he or she shall not— (a) be arrested again in connection with the offence to which the detention related, or (b) be arrested for any other offence which, at the time of the first arrest, the member of the Garda Síochána by whom he or she was arrested suspected, or ought reasonably to have suspected, him or her of having committed, except under the authority of a warrant issued by a judge of the Circuit Court or District Court who is satisfied on information supplied on oath by a member of the Garda Síochána not below the rank of superintendent that further information has come to the knowledge of the Garda Síochána since the person’s release as to his or her suspected participation in the offence for which his or her arrest is sought.