Criminal Justice Act, 1984

JurisdictionIreland
CitationIR No. 22/1984


Number 22 of 1984


CRIMINAL JUSTICE ACT 1984

REVISED

Updated to 28 February 2022


This revised Act is an administrative consolidation of the Criminal Justice Act 1984. 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 Electricity Costs (Domestic Electricity Accounts) Emergency Measures Act 2022 (1/2022), enacted 4 March 2022, and all statutory instruments up to and including the Criminal Procedure Act 2021 (Commencement) Order 2022 (S.I. No. 79 of 2022), made 23 February 2022, were considered in the preparation of this revision.

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 do not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 22 of 1984


CRIMINAL JUSTICE ACT 1984

REVISED

Updated to 28 February 2022


Introduction

This revision presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first 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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 Procedure Act 2021 (7/2021)

Criminal Justice Act 2017 (14/2017)

Competition and Consumer Protection Act 2014 (29/2014)

State Airports (Shannon Group) Act 2014 (27/2014)

Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014)

Animal Health and Welfare Act 2013 (15/2013)

Criminal Justice Act 2011 (22/2011)

Criminal Procedure Act 2010 (27/2010)

Criminal Justice (Amendment) Act 2009 (32/2009)

Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009)

Criminal Justice Act 2007 (29/2007)

Criminal Justice Act 2006 (26/2006)

Garda Síochána Act 2005 (20/2005)

Criminal Justice (Theft and Fraud Offences) Act 2001 (50/2001)

Children Act 2001 (24/2001)

Criminal Justice Act 1999 (10/1999)

Bail Act 1997 (16/1997)

Criminal Justice (Miscellaneous Provisions) Act 1997 (4/1997)

Criminal Assets Bureau Act 1996 (31/1996)

Criminal Justice (Drug Trafficking) Act 1996 (29/1996)

Criminal Justice (Forensic Evidence) Act 1990 (34/1990)

Garda Síochána (Complaints) Act 1990 (29/1986)

All Acts up to and including Electricity Costs (Domestic Electricity Accounts) Emergency Measures Act 2022 (1/2022), enacted 4 March 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Criminal Justice Act 1984 (Suspension of Detention under Section 4(3A)) (Persons under 18 years of age) Regulations 2017 (S.I. No. 380 of 2017)

European Union (Identification of Equidae) Regulations 2015 (S.I. No. 62 of 2016)

European Union (Identification of Equidae) Regulations 2014 (S.I. No. 207 of 2014)

European Union (Animal By-Products) Regulations 2014 (S.I. No. 187 of 2014)

European Union (Protection of Animals at the Time of Killing) Regulations 2013 (S.I. No. 292 of 2013)

European Union (Cereal Seed) Regulations 2013 (S.I. No. 217 of 2013)

European Communities (Spirits Drinks)(Amendment) Regulations 2013 (S.I. No. 118 of 2013)

European Communities (Pet Passport) Regulations 2012 (S.I. No. 504 of 2012)

European Communities (Import of Personal Consignments of Products of Animal Origin) Regulations 2012 (S.I. No. 374 of 2012)

Criminal Justice Act 1984 (Suspension of Detention under section 4(3A)) Regulations 2011 (S.I. No. 416 of 2011)

Criminal Justice Act 1984 (Electronic Recording of Interviews) (Amendment) Regulations 2010 (S.I. No. 560 of 2010)

Criminal Justice Act 1984 (Electronic Recording of Interviews) (Amendment) Regulations 2009 (S.I. No. 168 of 2009)

Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda SÍochána Stations) (Amendment) Regulations 2006 (S.I. No. 641 of 2006)

Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 (S.I. No. 74 of 1997)

Criminal Justice Act 1984 (Commencement) Order 1987 (S.I. No. 150 of 1987)

Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 (S.I. No. 119 of 1987)

Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987 (S.I. No. 119 of 1987)

All statutory instruments up to and including Criminal Procedure Act 2021 (Commencement) Order 2022 (S.I. No. 79 of 2022), made 23 February 2022, were considered in the preparation of this revision.


Number 22 of 1984


CRIMINAL JUSTICE ACT 1984

REVISED

Updated to 28 February 2022


ARRANGEMENT OF SECTIONS


Acts Referred to

Children Act, 1908

1908, c. 67

Criminal Justice Act, 1951

1951, No. 2

Criminal Justice (Evidence) Act, 1924

1924, No. 37

Criminal Law Act, 1976

1976, No. 32

Criminal Law (Jurisdiction) Act, 1976

1976, No. 14

Criminal Procedure Act, 1865

1865, c. 18

Criminal Procedure Act, 1967

1967, No. 12

Explosive Substances Act, 1883

1883, c. 3

Firearms Act, 1925

1925, No. 17

Firearms Act, 1964

1964, No. 1

Firearms Acts, 1925 to 1971

Misuse of Drugs Act, 1977

1977, No. 12

Offences against the State Act, 1939

1939, No. 13

Probation of Offenders Act, 1907

1907, c. 17


Number 22 of 1984


CRIMINAL JUSTICE ACT 1984

REVISED

Updated to 28 February 2022


AN ACT TO AMEND CRIMINAL LAW AND PROCEDURE. [6th December, 1984]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Commencement.

1

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

(2) An order shall not be made under subsection (1) in respect of any of the following sections namely, sections 4 to 6, 8 to 10, 15, 16, 18 and 19 until provisions relating to the investigation of complaints from the public against F1[members (within the meaning of the Garda Síochána (Complaints) Act, 1986)] and the adjudication by a body other than the Garda Síochána of such complaints have been enacted by the Oireachtas and have come into operation and until regulations under section 7 have been made.

(3) Sections 12 and 14 shall not apply in relation to offences committed before the commencement of the section concerned.

Annotations

Amendments:

F1

Substituted (15.07.1986) by Garda Síochána (Complaints) Act 1986 (29/1986), s. 16, commenced on enactment.

Editorial Notes:

E1

Power pursuant to section exercised (1.07.1987) by Criminal Justice Act 1984 (Commencement) Order 1987 (S.I. No. 150 of 1987).

2. Sections 4 to 6, 8 to 10, 15, 16, 18 and 19 of the Criminal Justice Act, 1984 (No. 22 of 1984), shall come into operation on the 1st day of July, 1987.

E2

Power pursuant to section exercised (1.03.1985) by Criminal Justice Act 1984 (Commencement) Order 1985 (S.I. No. 17 of 1985).

2. The Criminal Justice Act, 1984, other than sections 4 to 6, 8 to 10, 15, 16, 18 and 19, shall come into operation on the 1st day of March, 1985.

Duration of certain sections.

2

2.Each of the following sections, namely, sections 4 to 6, 8 to 10, 15, 16, 18 and 19 shall cease to be in operation at the expiry of four years from the commencement of that section unless a resolution has been passed by each House of the Oireachtas resolving that that section should continue in operation.

Interpretation.

3

3.(1) In this Act, except where the context otherwise requires—

the Act of 1939” means the Offences against the State Act, 1939;

F2["Commissioner" means the Commissioner of the Garda Síochána;]

imprisonment” includes penal servitude and detention in Saint Patrick’s Institution;

place” includes any building or part of a building, vehicle, vessel, aircraft or hovercraft and any other place whatsoever.

F2["photograph" includes a negative or any other image howsoever produced of a photograph.]

(2) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires...

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