Criminal procedure act 2010

• Act Number: 27
• Enactment Date: 20 July 2010

Number 27 of 2010
CRIMINAL PROCEDURE ACT 2010
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title and commencement.
2. Interpretation.
3. Expenses.
PART 2
Impact of Crime on Victim
4. Amendment of section 5 of Act of 1993.
5. Evidence through television link.
6. Evidence through intermediary.
PART 3
Exceptions to rule against double jeopardy
Chapter 1
Interpretation
7. Interpretation (Part 3).
Chapter 2
Application for re-trial orders under Part 3
8. Application by Director seeking re-trial order where new and compelling evidence becomes available.
9. Application by Director for re-trial order where previous acquittal tainted.
10. Re-trial orders.
11. Amendment of Act of 1962.
12. Orders to safeguard fairness of re-trial.
13. Effect of re-trial order.
14. Appeals on point of law to Supreme Court.
Chapter 3
Approval of District Court for exercise of certain powers relating to persons acquitted of relevant offences
15. Certain powers may be used only in accordance with Act.
16. Arrest of person in respect of whom section 15 applies may be authorised by District Court in certain circumstances.
17. Arrest in certain circumstances of person in respect of whom section 15 applies where person is in prison etc.
18. Search warrant in aid of investigation relating to relevant offences may be authorised by District Court in certain circumstances.
Chapter 4
Miscellaneous
19. Admissibility of evidence in proceedings under Part.
20. Other appeals or review rights not affected.
21. Application of section 6 of Prosecution of Offences Act 1974.
22. Rules of court and expeditious hearings.
PART 4
Appeals and Matters Relating to Appeals
Chapter 1
With prejudice prosecution appeals
23. Appeals by Director etc., in certain criminal proceedings.
24. No appeal in certain circumstances.
25. Orders to safeguard fairness of re-trial.
26. Order for re-trial following appeal under section 23.
27. Amendment of section 3 of Criminal Justice Act 1994.
28. Other appeals or review rights not affected.
29. Application of section 6 of Prosecution of Offences Act 1974.
30. Rules of court and expeditious hearings.
Chapter 2
Miscellaneous matters relating to appeals
31. Amendment of Courts of Justice Act 1924.
32. Amendment of section 44 of Offences Against the State Act 1939.
PART 5
MISCELLANEOUS PROVISIONS
Chapter 1
Giving of Evidence
33. Amendment of Criminal Justice (Evidence) Act 1924.
34. Expert evidence adduced by defence.
35. Return or disposal of property to be used as evidence.
Chapter 2
Miscellaneous amendments
36. Amendment of section 22 of Courts Act 1991.
37. Amendment of Act of 1967.
38. Amendment to First Schedule to Criminal Justice Act 1951.
SCHEDULE
RELEVANT OFFENCES
Acts Referred to
Air Navigation and Transport Act 1973 1973, No. 29 Air Navigation and Transport Act 1975 1975, No. 9 Broadcasting Act 2009 2009, No. 18 Child Trafficking and Pornography Act 1998 1998, No. 22 Children Act 2001 2001, No. 24 Courts Act 1991 1991, No. 20 Courts of Justice Act 1924 1924, No. 10 Criminal Damage Act 1991 1991, No. 31 Criminal Evidence Act 1992 1992, No. 12 Criminal Justice (Evidence) Act 1924 1924, No. 37 Criminal Justice (Legal Aid) Act 1962 1962, No. 12 Criminal Justice (Terrorist Offences) Act 2005 2005, No. 2 Criminal Justice (Theft and Fraud Offences) Act 2001 2001, No. 50 Criminal Justice (United Nations Convention against Torture) Act 2000 2000, No. 11 Criminal Justice Act 1951 1951, No. 2 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 1999 1999, No. 10 Criminal Justice Act 2006 2006, No. 26 Criminal Law (Human Trafficking) Act 2008 2008, No. 8 Criminal Law (Insanity) Act 2006 2006, No. 11 Criminal Law (Rape) (Amendment) Act 1990 1990, No. 32 Criminal Law (Sexual Offences) Act 2006 2006, No. 15 Criminal Procedure Act 1967 1967, No. 12 Explosive Substances Act 1883 46 & 47 Vict., c. 3 Firearms Act 1925 1925, No. 17 Firearms Act 1964 1964, No. 1 International Criminal Court Act 2006 2006, No. 30 Maritime Security Act 2004 2004, No. 29 Misuse of Drugs Act 1977 1977, No. 12 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 Prevention of Corruption Act 1906 6 Edw. 7, c. 34 Prisons Act 2007 2007, No. 10 Prosecution of Offences Act 1974 1974, No. 22 Punishment of Incest Act 1908 8 Edw. 7, c. 45
Number 27 of 2010
CRIMINAL PROCEDURE ACT 2010
AN ACT TO AMEND AND EXTEND THE CRIMINAL JUSTICE ACT 1993; TO AMEND CRIMINAL LAW AND PROCEDURE IN OTHER RESPECTS, INCLUDING MAKING PROVISION FOR EXCEPTIONS TO THE RULE AGAINST DOUBLE JEOPARDY SO AS TO ENABLE THE COURT OF CRIMINAL APPEAL TO HEAR AND DETERMINE APPLICATIONS BROUGHT IN CERTAIN CIRCUMSTANCES BY THE DIRECTOR OF PUBLIC PROSECUTIONS TO QUASH CERTAIN ACQUITTALS AND TO HAVE PERSONS WHO ARE THE SUBJECT OF THOSE APPLICATIONS RE-TRIED, AND TO PROVIDE FOR AN APPEAL TO THE SUPREME COURT ON A POINT OF LAW FROM A DETERMINATION OF THE COURT OF CRIMINAL APPEAL IN RESPECT OF SUCH APPLICATIONS; TO EXTEND THE POWERS OF THE GARDA SÍOCHÁNA IN RELATION TO THE INVESTIGATION OF CERTAIN OFFENCES; TO EXTEND THE CIRCUMSTANCES IN WHICH THE DIRECTOR OF PUBLIC PROSECUTIONS OR THE ATTORNEY GENERAL, AS MAY BE APPROPRIATE, MAY TAKE AN APPEAL IN CRIMINAL PROCEEDINGS; TO AMEND THE CRIMINAL JUSTICE (EVIDENCE) ACT 1924 AND TO AMEND AND EXTEND THE LAW RELATING TO EVIDENCE IN OTHER RESPECTS; TO AMEND THE CRIMINAL JUSTICE ACT 1994, THE COURTS ACT 1991, THE CRIMINAL PROCEDURE ACT 1967, THE CRIMINAL JUSTICE (LEGAL AID) ACT 1962, THE CRIMINAL JUSTICE ACT 1951, THE OFFENCES AGAINST THE STATE ACT 1939 AND THE COURTS OF JUSTICE ACT 1924; AND TO PROVIDE FOR RELATED MATTERS.
[20th July, 2010]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1 Preliminary and General
	Short title and commencement.	1.— (1) This Act may be cited as the Criminal Procedure Act 2010.
	(2) This Act shall come 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.
	Interpretation.	2.— (1) In this Act unless the context otherwise requires—
	“Act of 1962” means the Criminal Justice (Legal Aid) Act 1962 ;
	“Act of 1967” means the Criminal Procedure Act 1967 ;
	“Act of 1993” means the Criminal Justice Act 1993 ;
	“broadcast” has the meaning it has in section 2 of the Broadcasting Act 2009 ;
	“children detention school” has the meaning it has in section 3 (1) of the Children Act 2001 ;
	“Director” means the Director of Public Prosecutions;
	“legal aid (Supreme Court) certificate” has the meaning it has in the Act of 1962;
	“legal aid (trial on indictment) certificate” has the meaning it has in the Act of 1962;
	“Minister” means the Minister for Justice and Law Reform;
	“prison” has the meaning it has in section 2 of the Prisons Act 2007 ;
	“publication” means publication, other than by way of broadcast, to the public or a portion of the public.
	(2) In this Act, unless the context otherwise requires, references to—
	(a) a jury shall, in relation to proceedings conducted before a court sitting without a jury, be construed as references to that court, and
	(b) a person being sent forward for trial include, where appropriate, references to such a person being sent or being sent forward for trial to, or charged before, a Special Criminal Court.
	Expenses.	3.— 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 Impact of Crime on Victim
	Amendment of section 5 of Act of 1993.	4.— The Act of 1993 is amended by the substitution of the following section for section 5:
	“Effect of certain offences on persons in respect of whom offence committed.
	5.— (1) This section applies to—
	(a) a sexual offence within the meaning of the Criminal Evidence Act 1992 ,
	(b) an offence involving violence or the threat of violence to a person,
	(c) an offence under the Non-Fatal Offences Against the Person Act 1997 , and
	(d) an offence consisting of attempting or conspiring to commit, or aiding, abetting, counselling, procuring or inciting the commission of, an offence mentioned in paragraph (a), (b) or (c).
	(2) (a) When imposing sentence on a person for an offence to which this section applies, a court shall take into account, and may, where necessary, receive evidence or submissions concerning, any effect (whether long-term or otherwise) of the offence on the person in respect of whom the offence was committed.
	(b) For the purposes of paragraph (a), a ‘person in respect of whom the offence was committed’ includes, where, as a result of the offence, that person has died, is ill or is otherwise incapacitated, a family member of that person.
	(3) (a) When imposing sentence on a person for an offence to which this section applies, a court shall, upon application by the person in respect of whom such offence was committed, hear the evidence of the person in respect of whom the offence was committed as to the effect...