Criminal justice act 2011

• Enactment Date: 02 August 2011
• Act Number: 22

Number 22 of 2011
CRIMINAL JUSTICE ACT 2011
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title and commencement.
2. Interpretation.
3. Relevant offences for purposes of this Act.
4. Orders and regulations.
5. Repeals.
6. Expenses.
PART 2
Detention
7. Amendment of section 4 of Act of 1984.
8. Failure to return to Garda Síochána station as required pursuant to section 4 of Act of 1984.
9. Further amendment of Act of 1984.
10. Amendment of section 2 of Offences against the State (Amendment) Act 1998.
11. Amendment of section 72A of Criminal Justice Act 2006.
12. Amendment of section 3 of Criminal Justice (Forensic Evidence) Act 1990.
13. Amendment of section 5 of Criminal Justice (Drug Trafficking) Act 1996.
14. Amendment of section 52 of Criminal Justice Act 2007.
PART 3
Provisions relating to Documents and Information
15. Order to produce documents or provide information.
16. Privileged legal material.
17. Concealing facts disclosed by documents.
18. Presumptions relating to documents.
19. Withholding information.
20. Protection for employees from penalisation for disclosing information relating to relevant offences.
21. Offences, etc.
22. Liability for offences by bodies corporate.
SCHEDULE 1
“RELEVANT OFFENCES” FOR THE PURPOSES OF THIS ACT
SCHEDULE 2
REDRESS FOR CONTRAVENTION OF SECTION 20(1)
Acts Referred to
Bankruptcy Act 1988 1988, No. 27 Central Bank Act 1971 1971, No. 24 Central Bank Reform Act 2010 2010, No. 23 Companies (Amendment) (No. 2) Act 1999 1999, No. 2 Companies (Amendment) Act 1986 1986, No. 25 Companies Act 1963 1963, No. 33 Companies Act 1990 1990, No. 33 Companies Acts Consumer Credit Act 1995 1995, No. 24 Consumer Protection Act 2007 2007, No. 19 Criminal Damage Act 1991 1991, No. 31 Criminal Evidence Act 1992 1992, No. 12 Criminal Justice (Drug Trafficking) Act 1996 1996, No. 10 Criminal Justice (Forensic Evidence) Act 1990 1990, No. 34 Criminal Justice (Miscellaneous Provisions) Act 2009 2009, No. 28 Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 2010, No. 6 Criminal Justice (Terrorist Offences) Act 2005 2005, No. 2 Criminal Justice (Theft and Fraud Offences) Act 2001 2001, No. 50 Criminal Justice Act 1984 1984, No. 22 Criminal Justice Act 2006 2006, No. 26 Criminal Justice Act 2007 2007, No. 29 Criminal Law Act 1997 1997, No. 14 Debtors (Ireland) Act 1840 3 & 4 Vic., c. 105 Employment Permits Act 2006 2006, No. 16 Insurance Act 1989 1989, No. 3 Investment Funds, Companies and Miscellaneous Provisions Act 2005 2005, No. 12 Investment Intermediaries Act 1995 1995, No. 11 Investment Limited Partnerships Act 1994 1994, No. 24 Investor Compensation Act 1998 1998, No. 37 Markets in Financial Instruments and Miscellaneous Provisions Act 2007 2007, No. 37 National Asset Management Agency Act 2009 2009, No. 34 Offences against the State (Amendment) Act 1998 1998, No. 39 Petty Sessions (Ireland) Act 1851 14 & 15 Vic., c. 93 Prevention of Corruption (Amendment) Act 2001 2001, No. 27 Prevention of Corruption Act 1906 6 Edw. 7, c. 34 Protection of Employees (Employers’ Insolvency) Act 1984 1984, No. 21 Protection of Employees (Fixed-Term Work) Act 2003 2003, No. 29 Registration of Title Act 1964 1964, No. 16 Trustee Savings Banks Act 1989 1989, No. 21 Unfair Dismissals Act 1977 1977, No. 10 Unfair Dismissals Acts 1977 to 2007 Unit Trusts Act 1990 1990, No. 37
Number 22 of 2011
CRIMINAL JUSTICE ACT 2011
AN ACT TO AMEND CRIMINAL LAW AND PROCEDURE RELATING TO THE INVESTIGATION AND PROSECUTION OF CERTAIN OFFENCES AND, FOR THAT PURPOSE, TO AMEND THE CRIMINAL JUSTICE ACT 1984 TO PROVIDE FOR THE SUSPENSION IN CERTAIN CIRCUMSTANCES OF THE DETENTION OF PERSONS DETAINED BY THE GARDA SÍOCHÁNA UNDER THAT ACT IN CONNECTION WITH THE INVESTIGATION OF SUCH OFFENCES; TO PROVIDE A POWER FOR JUDGES OF THE DISTRICT COURT TO ORDER PERSONS IN CERTAIN CIRCUMSTANCES TO PRODUCE DOCUMENTS OR PROVIDE INFORMATION OR BOTH FOR THE PURPOSES OF THE INVESTIGATION OF SUCH OFFENCES; TO AMEND THE CRIMINAL JUSTICE ACT 1984 TO MAKE FURTHER AND BETTER PROVISION FOR PERSONS DETAINED BY THE GARDA SÍOCHÁNA UNDER THAT ACT BETWEEN THE HOURS OF MIDNIGHT AND 8 A.M.; TO AMEND THAT ACT AND CERTAIN OTHER ENACTMENTS TO MAKE FURTHER AND BETTER PROVISION FOR CONSULTATION WITH A SOLICITOR BY PERSONS DETAINED BY THE GARDA SÍOCHÁNA UNDER THAT ACT AND THOSE ENACTMENTS IN CONNECTION WITH THE INVESTIGATION OF OFFENCES; TO PROVIDE FOR OFFENCES RELATING TO THE CONCEALMENT OF FACTS DISCLOSED BY DOCUMENTS AND THE WITHHOLDING OF INFORMATION IN CERTAIN CIRCUMSTANCES; AND TO PROVIDE FOR RELATED MATTERS.
[2nd August, 2011]
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 Justice Act 2011 .
	(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.
	Interpretation.	2.— In this Act—
	“Act of 1984” means the Criminal Justice Act 1984 ;
	“arrestable offence” has the meaning it has in section 2 (as amended by section 8 of the Criminal Justice Act 2006 ) of the Criminal Law Act 1997 ;
	“document” includes information recorded in any form and any thing on or in which information is recorded and from which information can be extracted;
	“enactment” means a statute or an instrument made under a power conferred by statute;
	“Minister” means the Minister for Justice and Equality;
	“relevant offence” shall be construed in accordance with section 3 .
	Relevant offences for purposes of this Act.	3.— (1) In this Act a relevant offence means—
	(a) an arrestable offence under a provision of an enactment, or at common law, specified in Schedule 1 ,
	(b) an arrestable offence under a provision of an enactment, or at common law, specified in an order made under subsection (2),
	(c) an offence consisting of aiding, abetting, counselling or procuring the commission of an offence specified in Schedule 1 or in an order made under subsection (2), or
	(d) an offence consisting of conspiring to commit, or inciting the commission of, an offence specified in Schedule 1 or in an order made under subsection (2).
	(2) The Minister may by order specify as a relevant offence an arrestable offence under a provision of an enactment, or at common law, relating to any of the following areas, namely—
	(a) banking, investment of funds and other financial activities,
	(b) company law,
	(c) money laundering and financing terrorism,
	(d) theft and fraud,
	(e) bribery and corruption,
	(f) competition and consumer protection,
	(g) criminal acts involving the use of electronic communication networks and information systems or against such networks or systems or both, or
	(h) the raising and collection of taxes and duties,
	if the Minister considers that it is proper to do so and he or she is of opinion that the powers conferred by this Act in relation to the investigation of relevant offences are necessary for the investigation of such an offence by reason of the nature of the offence concerned and the prolonged period of time that is generally required for the investigation of such an offence as a result of the complexity that generally arises in such an investigation due to any one or more of the following factors, namely—
	(i) the number of witnesses,
	(ii) the volume of documents,
	(iii) the wide distribution and proliferation of documents arising from the use of electronic means of communication,
	(iv) the number of transactions,
	(v) the complexity of transactions, or
	(vi) other factor,
	that may be expected to be involved.
	(3) An order under subsection (2) shall only be made after consultation by the Minister with any other Minister of the Government who, in the opinion of the Minister, having regard to the functions of that other Minister of the Government under the enactment concerned or in relation to the offence at common law concerned, ought to be consulted.
	Orders and regulations.	4.— (1) Regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations.
	(2) Every order under section 3 (2), or regulation under this Act, shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
	Repeals.	5.— Sections 47 and 52 of the Criminal Justice (Miscellaneous Provisions) Act 2009 are repealed.
	Expenses.	6.— 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 Detention
	Amendment of section 4 of Act of 1984.	7.— Section 4 of the Act of 1984 is amended—
	(a) by the insertion of the following subsections after subsection (3):
	“(3A) (a) Notwithstanding the generality of subsection (3), if a person is detained...