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as applied by subsection (3) and if, upon the person’s being so brought before such a judge, he or she is not satisfied that the person’s detention is justified, the judge shall revoke the warrant and order the immediate release from custody of the person.

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(3)

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Section 50

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shall apply to a person arrested in connection with an offence to which that section relates under a warrant issued pursuant to subsection (1), as it applies to a person to whom that section applies, with the following and any other necessary modifications: (a) in subsection (3), the substitution for paragraphs (c) and (d) of the following paragraphs: “(c) 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 pursuant to a direction under paragraph (b) for a further period not exceeding 24 hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned. (d) On an application under paragraph (c) the judge concerned shall issue a warrant authorising the detention of the person to whom the application relates for a further period not exceeding 24 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.”; and (b) in paragraph (g)(i) of subsection (3), the substitution of “under a warrant issued pursuant to paragraph (d)” for “pursuant to a direction under paragraph (c)”.

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(4)A person arrested in connection with an offence other than one to which section 50 relates, under a warrant issued pursuant to subsection (1), shall, subject to subsection (2), be dealt with under section 4 of the Act of 1984 in like manner as a person arrested without warrant to whom the said section 4 applies.
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(5)Notwithstanding subsection (1), a person to whom that subsection relates may be arrested for any offence for the purpose of charging him or her with that offence forthwith.
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(6)Where a person who has been arrested under section 30 of the Offences Against the State Act 1939 or detained under section 4 of the Act of 1984 or section 2 of the Criminal Justice (Drug Trafficking) Act 1996 in connection with an offence is released without any charge having been made against him or her, he or she shall not be detained pursuant to section 50 — (a) in connection with the first-mentioned offence, or (b) in connection with an offence to which section 50 relates and 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.
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Application of certain provisions of Act of 1984.

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52.— Sections 4(4), 4(7), 4(8), 4(8A), 4(11), 5, 6(1) to (4), 6A, 8, 18, 19 and 19A of the Act of 1984 shall apply with any necessary modifications in relation to persons detained under section 50 as they apply to persons detained under section 4 of that Act.

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Amendment of Criminal Justice (Forensic Evidence) Act 1990.

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53.— The Criminal Justice (Forensic Evidence) Act 1990 is amended— (a) in section 2— (i) in subsection (1), by the substitution of “ section 2 of the Criminal Justice (Drug Trafficking) Act 1996 or section 50 of the Criminal Justice Act 2007,” for “or section 2 of the Criminal Justice (Drug Trafficking) Act, 1996 ,”, (ii) in subsection (3), by the insertion in paragraph (b) after “section 3(1) of the Criminal Justice Act, 1994 ” of “or an offence to which section 50 of the Criminal Justice Act 2007 applies”, and (iii) in subsection (5), by the insertion in paragraph (a)(ii) after “within the meaning of 3(1) of the Criminal Justice Act 1994 ” of “or an offence to which section 50 of the Criminal Justice Act 2007 applies”, and (b) in section 4(2), by the substitution of “ section 2 of the Criminal Justice (Drug Trafficking) Act 1996 or section 50 of the Criminal Justice Act 2007,” for “or section 2 of the Criminal Justice (Drug Trafficking) Act, 1996 ,”.

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Amendment of section 5 of Criminal Justice (Drug Trafficking) Act 1996.

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54.—

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Section 5

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of the Criminal Justice (Drug Trafficking) Act 1996 is amended by— (a) the insertion of “4(8A),” after “4(8),”, and (b) the substitution of “, 6A, 8, 18, 19 and 19A” for “and 8”.

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Amendment of section 9 of Act of 1984.

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55.— Section 9 of the Act of 1984 is amended by— (a) the insertion of “4(8A),” after “4(8),”, and (b) the substitution of “, 6(3), 6A, 18, 19 and 19A” for “and 6(3)”.

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Copy of recording of questioning by Garda Síochána to be given to accused.

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56.— (1) Where a person is before a court charged with an offence, a copy of any recording of the questioning of the person by a member of the Garda Síochána while he or she was detained in a Garda Síochána station, or such questioning elsewhere, in connection with the investigation of the offence shall be given to the person or his or her legal representative only if the court so directs and subject to such conditions (if any) as the court may specify.

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(2)A recording referred to in subsection (1) of the questioning of a person shall not be given to the person by the Garda Síochána except in accordance with a direction or order of a court made under that subsection or otherwise and Regulation 16 of the Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 ( S.I. No. 74 of 1997 ) is hereby revoked.
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(3)In this section— “ recording ” means a recording on tape of— (a) an oral communication, statement or utterance, or (b) a series of visual images which, when reproduced on tape, appear as a moving picture, or both; “ tape ” includes— (a) a disc, magnetic tape, soundtrack or other device in which sounds or signals may be embodied for the purpose of being reproduced (with or without the aid of some other instrument) in audible form, and (b) a film, disc, magnetic tape or other device in which visual images may be embodied for the purpose of being reproduced (with or without the aid of some other instrument) in visual form.
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Admission in evidence of recording of questioning of accused by Garda Síochána.

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57.— (1) A court may admit in evidence at the trial of a person in respect of an offence— (a) a recording by electronic or similar means, or (b) a transcript of such a recording, or both of the questioning of the person by a member of the Garda Síochána at a Garda Síochána station or elsewhere in connection with the investigation of the offence.

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(2)Any statement made by the person concerned that is recorded in a recording which is admitted in evidence under subsection (1) may be admissible in evidence at the trial concerned notwithstanding the fact that— (a) it was not taken down in writing at the time it was made, or (b) that statement is not in writing and signed by the person who made it, or both.
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(3)This section shall not affect the admissibility in evidence at the trial of a person in respect of an offence of any statement that is recorded in writing made by the person during questioning by a member of the Garda Síochána at a Garda Síochána station or elsewhere in connection with the investigation of the offence (whether or not that statement is signed by the person) and irrespective of whether the making of that statement is recorded by electronic or similar means.
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Amendment of section 8 of Criminal Assets Bureau Act 1996.

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58.—

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Section 8

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of the Criminal Assets Bureau Act 1996 is amended— (a) in subsection (2), by the substitution of “subject to subsections (5), (6), (6A), (6B), (6C) and (7)” for “subject to subsections (5), (6) and (7)”, and (b) by the insertion of the following subsections after subsection (6): “(6A) Without prejudice to the generality of subsection (6), a bureau officer who is an officer of the Revenue Commissioners or an officer of the Minister for Social and Family Affairs may, if and for so long as he or she is accompanied by a bureau officer who is a member of the Garda Síochána, attend at, and participate in, the questioning of a person detained pursuant to— (a) section 4 of the Criminal Justice Act 1984 , or (b) section 2 of the Criminal Justice (Drug Trafficking) Act 1996 (including that section as applied by section 4 of that Act), in connection with the investigation of an offence but only if the second-mentioned bureau officer requests the first-mentioned bureau officer to do so and the second-mentioned bureau officer is satisfied that the attendance at, and participation in, such questioning of the first-mentioned bureau officer is necessary for the proper investigation of the offence concerned. (6B) A bureau officer who attends at, and participates in, the questioning of a person in accordance with subsection (6A) may not commit any act or make any omission which, if committed or made by a member of the Garda Síochána, would be a contravention of any regulation made under section 7 of the Criminal Justice Act 1984 . (6C) An act committed or omission made by a bureau officer who attends at, and participates in, the questioning of a person in accordance with subsection (6A) which, if committed or made by a member of the Garda Síochána, would be a contravention of any regulation made under the said section 7 shall not of itself render the bureau officer liable to any criminal or civil proceedings or of itself affect the lawfulness of the custody of the detained person or the admissibility in evidence of any statement made by him or her.”.

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Amendment of section 29 of Courts of Justice Act 1924.

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59.—

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Section 29

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of the Courts of Justice Act 1924 is amended— (a) in subsection (1), by the substitution of “Subject to subsection (9A) of this section, no appeal shall lie” for “No appeal shall lie”, (b) by the insertion of the following subsection after subsection (5): “(5A) The Supreme Court, in an appeal under subsection (2) or (3) of this section, may, if it considers it appropriate to do so, hear argument and make a determination in relation to any part (not only the point of law of exceptional public importance which is the subject of the certificate concerned issued under whichever of those subsections is appropriate) of the decision of the Court of Criminal Appeal concerned.”, and (c) by the insertion of the following subsection after subsection (9): “(9A) This section shall not affect the operation of section 3 of the Criminal Justice Act 1993 .”.

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Amendment of section 99 of Act of 2006.

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60.— Section 99 of the Act of 2006 is amended— (a) in subsection (9), by the substitution of “the court before which proceedings for the offence are brought shall, before imposing sentence for that offence” for “the court before which proceedings for the offence were brought shall, after imposing sentence for that offence”, (b) in subsection (10), by the substitution of “other than a period spent in custody by the person in respect of an offence referred to in subsection (9)” for “other than a period during which the person was serving a sentence of imprisonment in respect of an offence referred to in subsection (9)”, (c) by the insertion of the following subsection after subsection (10): “(10A) The court referred to in subsection (10) shall remand the person concerned in custody or on bail to the next sitting of the court referred to in subsection (9) for the purpose of that court imposing sentence on that person for the offence referred to in that subsection.”, (d) in subsection (11), by the substitution of the following paragraph for paragraph (a): “(a) Where an order under subsection (1) is revoked under subsection (10), a sentence of imprisonment (other than a sentence consisting of imprisonment for life) imposed on the person concerned under subsection (10A) shall not commence until the expiration of any period of imprisonment required to be served by the person under subsection (10).”, and (e) by the addition of the following subsection: “(20) Where a court imposes a sentence of a term of imprisonment that is to run consecutively to a sentence of a term of imprisonment the operation of a part of which is suspended, the first-mentioned sentence shall commence at the expiration of the part of the second-mentioned sentence the operation of which is not suspended.”.

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SCHEDULE 1 Enactments Repealed

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Section 3

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.

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Number and Year

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(1)Short Title
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(2)Extent of Repeal
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(3)No. 29 of 1996 Criminal Justice (Drug Trafficking) Act 1996
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Section 7.

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No. 39 of 1998 Offences Against the State (Amendment) Act 1998

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Section 5.

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SCHEDULE 2 Offences for the purposes of Part 3 Sections 25 and 26 .

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Common Law Offences 1. Murder.

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Non-fatal offences against the person 2. An offence under any of the following provisions of the Non-Fatal Offences Against the Person Act 1997 : (a) section 4 (causing serious harm); (b) section 5 (threats to kill or cause serious harm); (c) section 15 (false imprisonment).

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Explosives offences 3. An offence under any of the following provisions of the Explosive Substances Act 1883 : (a) section 2 (causing explosion likely to endanger life or damage property); (b) section 3 (possession, etc., of explosive substances); (c) section 4 (making or possessing explosives in suspicious circumstances).

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Firearms offences 4. An offence under section 15 (possession of firearm with intent to endanger life) of the Act of 1925.

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5.An offence under any of the following provisions of the Act of 1964: (a) section 26 (possession of firearms while taking vehicle without authority); (b) section 27 (prohibition of use of firearms to assist or aid escape); (c) section 27A (possession of firearm or ammunition in suspicious circumstances); (d) section 27B (carrying firearm with criminal intent).
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6.An offence under section 12A (shortening barrel of shotgun or rifle) of the Act of 1990.
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Aggravated burglary 7. An offence under section 13 (aggravated burglary) of the Criminal Justice (Theft and Fraud Offences) Act 2001 .

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Drug trafficking offences 8. A drug trafficking offence within the meaning of section 3(1) of the Criminal Justice Act 1994 .

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Organised crime 9. An offence under any of the following provisions of the Act of 2006: (a) section 71 (offence of conspiracy); (b) section 72 (organised crime); (c) section 73 (commission of offence for criminal organisation).

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Blackmail, extortion and demanding money with menaces 10. An offence under section 17 (blackmail, extortion and demanding money with menaces) of the Criminal Justice (Public Order) Act 1994 .

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