Criminal Justice Act, 2007

• Jurisdiction: Ireland

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Number 29 of 2007

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CRIMINAL JUSTICE ACT 2007

REVISED

Updated to 27 December 2021

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This Revised Act is an administrative consolidation of the Criminal Justice Act 2007. 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 Maritime Area Planning Act 2021 (50/2021), enacted 23 December 2021, and all statutory instruments up to and including the Criminal Justice (Amendment) Act 2021 (Commencement) Order 2021 (S.I. No. 777 of 2021), made 21 December 2021, 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 29 of 2007

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CRIMINAL JUSTICE ACT 2007

REVISED

Updated to 27 December 2021

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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 first passed.

Related legislation

Bail Acts 1997 and 2007: this Act, Part 2, is one of a group of Acts included in this collective citation (Criminal Justice Act 2007 (29/2007), s. 1(3)). The Acts in the group are:

• Bail Act 1997 (16/1997)

• Criminal Justice Act 2007 (29/2007), Part 2

Misuse of Drugs Acts 1977 to 2017: this Act, Part 5, is one of a group of Acts included in this collective citation to be construed together as one (Misuse of Drugs (Supervised Injecting Facilities) Act 2017 (7/2017), s. 13(2)). The Acts in the group are:

• Misuse of Drugs Act 1977 (12/1977)

• Misuse of Drugs Act 1984 (18/1984)

• Criminal Justice Act 1999 (10/1999), Part II, other than s. 7

• Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), Part 2

• Criminal Justice Act 2006 (26/2006), Part 8, other than s. 86

• Criminal Justice Act 2007 (29/2007), Part 5

• Misuse Of Drugs (Amendment) Act 2015 (6/2015)

• Misuse Of Drugs (Amendment) Act 2016 (9/2016)

• Misuse Of Drugs (Supervised Injecting Facilities) Act 2017 (7/2017)

Firearms Acts 1925 to 2009: this Act, Part 6, is one of a group of Acts included in this collective citation to be construed together as one (Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 1(2)). The Acts in the group are:

• Firearms Act 1925 (17/1925)

• Firearms Act 1964 (1/1964)

• Firearms Act 1971 (13/1971)

• Firearms and Offensive Weapons Act 1990 (12/1990), Part II

• Firearms (Temporary Provisions) Act 1998 (32/1998), other than s.2

• Firearms (Firearms Certificates for Non-Residents) Act 2000 (20/2000), other than s.4

• Criminal Justice Act 2006 (26/2006), Part 5 and sch. 1

• Criminal Justice Act 2007 (29/2007), Part 6

• Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), Part 4

The Firearms (Proofing) Act 1968 (20/1968) is excluded from the collective citation from 14 July 2000 by the Firearms (Firearms Certificates for Non-Residents) Act 2000, s. 8(2).

The European Communities (European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), as amended, also deal with firearms.

Garda Síochána Acts 2005 to 2015: this Act, Part 7, is one of a group of Acts included in this collective citation (Garda Síochána (Amendment) Act 2015 (3/2015), s. 14(2)). The Acts in the group are:

• Garda Síochána Act 2005 (20/2005)

• Criminal Justice Act 2007 (29/2007), Part 7

• Garda Síochána (Amendment) Act 2015 (3/2015), other than ss. 12 and 13

Sea-Fisheries Acts 2003 to 2019: this Act, Part 8, is one of a group of Acts included in this collective citation (Sea-Fisheries (Amendment) Act 2019, s. 2(2)). The Acts in the group are:

• Fisheries (Amendment) Act 2003 (21/2003), other than Part 5

• Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), Part 2 and Part 4, Chapter 2

• Criminal Justice Act 2007 (29/2007), Part 8

• Sea-Fisheries (Amendment) Act 2019 (9/2019)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

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 (Amendment) Act 2021 (36/2021)

• Parole Act 2019 (28/2019)

• Criminal Justice Act 2017 (14/2017)

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

• Criminal Justice Act 2011 (22/2011)

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

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

All Acts up to and including Maritime Area Planning Act 2021 (50/2021), enacted 23 December 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 138 of 2011)

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

• Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 216 of 2010)

• Post-Release (Restrictions on Certain Activities) Orders Scheme 2010 (S.I. No. 330 of 2010)

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

• Criminal Justice Act 2007 (Commencement) Order 2009 (S.I. No. 165 of 2009)

• Criminal Justice Act 2007 (Commencement) Order 2007 (S.I. No. 236 of 2007)

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

All statutory instruments up to and including Criminal Justice (Amendment) Act 2021 (Commencement) Order 2021 (S.I. No. 777 of 2021), made 21 December 2021, were considered in the preparation of this revision.

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Number 29 of 2007

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CRIMINAL JUSTICE ACT 2007

REVISED

Updated to 27 December 2021

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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

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