Criminal justice act 2007

• Act Number: 29
• Enactment Date: 09 May 2007

Number 29 of 2007
CRIMINAL JUSTICE ACT 2007
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title, collective citations, construction and commencement.
2. Definitions.
3. Repeals.
4. Expenses.
PART 2
Amendment of Enactments Relating to Bail
5. Amendment of section 1 of Act of 1997.
6. Statement by applicants for bail charged with serious offences.
7. Evidence in applications for bail under section 2.
8. Amendment of section 5 of Act of 1997.
9. Amendment of section 6 of Act of 1997.
10. Application of section 6 in relation to certain appellants.
11. Electronic monitoring of certain persons admitted to bail.
12. Evidence of electronic monitoring.
13. Arrangements for electronic monitoring.
14. Amendment of section 8 of Act of 1997.
15. Estreatment of recognisance and forfeiture of moneys paid into court.
16. Regulations.
17. Amendment of Schedule to Act of 1997.
18. Amendment of section 22 of Act of 1967.
19. Amendment of section 28 of Act of 1967.
20. Amendment of section 31 of Act of 1967.
21. Amendment of section 68 of Children Act 2001.
22. Amendment of section 11 of Act of 1984.
23. Amendment of section 13 of Act of 1984.
PART 3
Sentencing
24. Interpretation (Part 3).
25. Commission of another offence within specified period.
26. Monitoring orders and protection of persons orders.
27. Amendment of Criminal Justice (Legal Aid) Act 1962.
PART 4
Inferences to be Drawn in Certain Circumstances
28. Inferences from failure or refusal to account for objects, marks, etc.
29. Inferences from failure or refusal to account for accused's presence at a particular place.
30. Inferences from failure of accused to mention particular facts.
31. Amendment of section 2 of Offences Against the State (Amendment) Act 1998.
32. Regulations.
PART 5
Misuse of Drugs
33. Amendment of section 27 of Misuse of Drugs Act 1977.
PART 6
Amendment of Firearms Acts 1925 to 2006
34. Amendment of section 2 of Act of 1925.
35. Amendment of section 15 of Act of 1925.
36. Amendment of section 26 of Act of 1964.
37. Amendment of section 27 of Act of 1964.
38. Amendment of section 27A of Act of 1964.
39. Amendment of section 27B of Act of 1964.
40. Amendment of section 12A of Act of 1990.
PART 7
Amendment of Garda Síochána Act 2005
41. Establishment and functions of Garda Síochána Executive Management Board.
42. Special inquiries relating to Garda Síochána.
43. Other amendments to Act of 2005.
PART 8
Amendments to the Sea-Fisheries Acts 2003 and 2006
44. Amendments to Sea-Fisheries Acts 2003 and 2006.
PART 9
Miscellaneous
45. Amendment of Garda Síochána (Complaints) Act 1986.
46. Amendment of Act of 2006.
47. Amendment of section 15 of Criminal Justice (Theft and Fraud Offences) Act 2001.
48. Amendment of Act of 1984.
49. Destruction of records.
50. Powers of detention for specified offences.
51. Rearrest.
52. Application of certain provisions of Act of 1984.
53. Amendment of Criminal Justice (Forensic Evidence) Act 1990.
54. Amendment of section 5 of Criminal Justice (Drug Trafficking) Act 1996.
55. Amendment of section 9 of Act of 1984.
56. Copy of recording of questioning by Garda Síochána to be given to accused.
57. Admission in evidence of recording of questioning of accused by Garda Síochána.
58. Amendment of section 8 of Criminal Assets Bureau Act 1996.
59. Amendment of section 29 of Courts of Justice Act 1924.
60. Amendment of section 99 of Act of 2006.
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.
	(2) This Act (other than 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.
	(3) The Bail Act 1997 and Part 2 may be cited together as the Bail Acts 1997 and 2007.
	(4) The Misuse of Drugs Acts 1977 to 2006 and Part 5 may be cited together as the Misuse of Drugs Acts 1977 to 2007 and shall be construed together as one.
	(5) The Firearms Acts 1925 to 2006 and Part 6 may be cited together as the Firearms Acts 1925 to 2007 and shall be construed together as one.
	(6) The Garda Síochána Act 2005 and Part 7 may be cited together as the Garda Síochána Acts 2005 to 2007.
	(7) The Sea-Fisheries Acts 2003 and 2006 and 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.
	(2) The repeal by subsection (1) of the enactments specified in Schedule 1 does not affect the application of those enactments to a failure to mention a fact to which those enactments relate if the failure occurred before the repeal comes into operation, and those enactments apply to such a failure as if they had not been repealed.
	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...