Criminal Justice (Corruption Offences) Act 2018

• Act Number: 9
• Enactment Date: 05 June 2018

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Number 9 of 2018

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CRIMINAL JUSTICE (CORRUPTION OFFENCES) ACT 2018

REVISED

Updated to 1 November 2023

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This Revised Act is an administrative consolidation of the Criminal Justice (Corruption Offences) Act 2018. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Screening of Third Country Transactions Act 2023 (28/2023), enacted 31 October 2023, and all statutory instruments up to and including the Criminal Justice (Miscellaneous Provisions) Act 2023 (Commencement) (No. 2) Order 2023 (S.I. No. 525 of 2023), made 31 October 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 9 of 2018

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CRIMINAL JUSTICE (CORRUPTION OFFENCES) ACT 2018

REVISED

Updated to 1 November 2023

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023)

• Online Safety and Media Regulation Act 2022 (41/2022)

• Fines Act 2010 (8/2010)

All Acts up to and including Screening of Third Country Transactions Act 2023 (28/2023), enacted 31 October 2023, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Criminal Justice (Corruption Offences) Act 2018 (Commencement) Order 2018 (S.I. No. 298 of 2018)

All statutory instruments up to and including Criminal Justice (Miscellaneous Provisions) Act 2023 (Commencement) (No. 2) Order 2023 (S.I. No. 525 of 2023), made 31 October 2023, were considered in the preparation of this revision.

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Number 9 of 2018

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CRIMINAL JUSTICE (CORRUPTION OFFENCES) ACT 2018

REVISED

Updated to 1 November 2023

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Acts Referred to

Bail Act 1997 (No. 16)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)

Companies Act 2014 (No. 38)

Coroners Act 1962 (No. 9)

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6)

Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50)

Criminal Justice Act 1994 (No. 15)

Criminal Justice Act 1999 (No. 10)

Criminal Justice Act 2011 (No. 22)

Criminal Procedure Act 2010 (No. 27)

Defence Act 1954 (No. 18)

Electoral Act 1992 (No. 23)

Electoral Act 1997 (No. 25)

Ethics in Public Office Act 1995 (No. 22)

European Communities Act 1972 (No. 27)

European Parliament Elections Act 1997 (No. 2)

Local Elections (Disclosure of Donations and Expenditure) Act 1999 (No. 7)

Local Government Act 2001 (No. 37)

Merchant Shipping (Registration of Ships) Act 2014 (No. 43)

Misuse of Drugs Act 1977 (No. 12)

Official Secrets Act 1963 (No. 1)

Planning and Development Acts 2000 to 2016

Prevention of Corruption (Amendment) Act 2001 (No. 27)

Prevention of Corruption (Amendment) Act 2010 (No. 33)

Prevention of Corruption Act 1906 (6 Edw. 7, c. 34)

Prevention of Corruption Act 1916 (6 & 7 Geo. 5, c. 64)

Prevention of Corruption Acts 1889 to 2010

Proceeds of Crime (Amendment) Act 2005 (No. 1)

Proceeds of Crime Act 1996 (No. 30)

Public Bodies Corrupt Practices Act 1889 (52 & 53 Vict., c. 69)

Seanad Electoral (Panel Members) Act 1947 (No. 42)

Seanad Electoral (University Members) Act 1937 (No. 30)

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Number 9 of 2018

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CRIMINAL JUSTICE (CORRUPTION OFFENCES) ACT 2018

REVISED

Updated to 1 November 2023

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An Act to amend the law regarding the prevention of corruption (including offences relating to corruption) and, in doing so, to give effect to the Convention drawn up on the basis of Article K.3(2)(c) of the Treaty on European Union on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union done at Brussels on 26 May 19971 O.J. No. C195, 25. 6.1997, p.2 , the Organisation for Economic Co-operation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions adopted at Paris on 21 November 1997, the Council of Europe Criminal Law Convention on Corruption done at Strasbourg on 27 January 1999, the Additional Protocol to the Council of Europe Criminal Law Convention on Corruption done at Strasbourg on 15 May 2003 and the United Nations Convention Against Corruption done at New York on 31 October 2003 and to give partial effect to Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 20172 O.J. No. L198, 28. 7.2017, p.28 on the fight against fraud to the Union’s financial interests by means of criminal law; for that purpose, to repeal the Prevention of Corruption Acts 1889 to 2010 and to provide for consequential amendments to other enactments; and to provide for related matters.

[5th June, 2018]

Be it enacted by the Oireachtas as follows:

PART 1

Preliminary and General

1

Short title and commencement

1. (1) This Act may be cited as the Criminal Justice (Corruption Offences) Act 2018.

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

Annotations:

Editorial Notes:

E1

Power pursuant to subs. (2) exercised (30.07.2018) by Criminal Justice (Corruption Offences) Act 2018 (Commencement) Order 2018 (S.I. No. 298 of 2018).

2. The 30th day of July 2018 is appointed as the day on which the Criminal Justice (Corruption Offences) Act 2018 (No. 9 of 2018) shall come into operation.

2

Interpretation

2. (1) In this Act—

“company” means a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act;

“consideration” includes valuable consideration of any kind;

“corruptly” includes acting with an improper purpose personally or by influencing another person, whether—

(a) by means of making a false or misleading statement,

(b) by means of withholding, concealing, altering or destroying a document or other information, or

(c) by other means;

“court”—

(a) in relation to the State, includes a court-martial, and

(b) in relation to any other state, includes a military court by whatever name called;

“director” means—

(a) in relation to a company, a director within the meaning of the Companies Act 2014, and

(b) in the case of an Irish public body that is not a company, a person who is a member of the body or a member of a board by whatever name called that controls, manages or administers the body;

“enactment” means a statute or an instrument made under a power conferred by statute;

“foreign official” means—

(a) a member of the government of any other state,

(b) a member of a parliament, regional or national, of any other state,

(c) a member of the European Parliament other than a person who is such a member by virtue of the European Parliament Elections Act 1997,

(d) a member of the Court of Auditors of the European Union,

(e) a member of the European Commission,

(f) a public prosecutor in any other state,

(g) a judge of a court in any other state, including a coroner’s court by whatever name called,

(h) a judge of a court established under an international agreement to which the State is a party,

(i) a member of a jury in court proceedings (whether criminal or civil), including an inquest in relation to the death of a person, in any other state,

(j) an arbitrator, including any member of an arbitral board, panel or tribunal, in arbitral proceedings not governed by the law of the State,

(k) a member of, or any other person employed by, or acting for or on behalf of, an organisation or body established under an international agreement to which the State is a party,

(l) any other person employed by or acting on behalf of the public administration of any other state, including a person under the direct or indirect control of the government of such a state, or

(m) a member of, or any other person employed by, or acting...