Criminal Justice Act, 2011

• Jurisdiction: Ireland
• Citation: IR No. 22/2011
• Year: 2011

• Full Act
• Act by Section
• Act As Enacted
• Amendments
• PDF annotated
• PDF unannotated

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Number 22 of 2011

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CRIMINAL JUSTICE ACT 2011

REVISED

Updated to 3 August 2021

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This Revised Act is an administrative consolidation of the Criminal Justice Act 2011. 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 Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, and all statutory instruments up to and including the Counterfeiting Act 2021 (Commencement) Order 2021 (S.I. No. 404 of 2021), made 29 July 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 22 of 2011

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CRIMINAL JUSTICE ACT 2011

REVISED

Updated to 3 August 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 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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1984, 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

• Counterfeiting Act 2021 (16/2021)

• Criminal Justice (Theft and Fraud Offences) (Amendment) Act 2021 (2/2021)

• Criminal Justice (Corruption Offences) Act 2018 (9/2018)

• Criminal Justice Act 2017 (14/2017)

• Criminal Justice (Offences Relating to Information Systems) Act 2017 (11/2017)

• Workplace Relations Act 2015 (16/2015)

• Competition and Consumer Protection Act 2014 (29/2014)

• Protected Disclosures Act 2014 (14/2014)

All Acts up to and including Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Criminal Justice Act 2011 (Commencement) Order 2011 (S.I. No. 411 of 2011)

All statutory instruments up to and including Counterfeiting Act 2021 (Commencement) Order 2021 (S.I. No. 404 of 2021), made 29 July 2021, were considered in the preparation of this revision.

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Number 22 of 2011

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CRIMINAL JUSTICE ACT 2011

REVISED

Updated to 3 August 2021

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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

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Number 22 of 2011

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CRIMINAL JUSTICE ACT 2011

REVISED

Updated to 3 August 2021

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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

1.

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.

Annotations

Editorial Notes:

E1

Power pursuant to section exercised (9.08.2011) by Criminal Justice Act 2011 (Commencement) Order 2011 (S.I. No. 411 of 2011).

2. The 9th day of August 2011 is appointed as the day on which the following provisions of the Criminal Justice Act 2011 (No. 22 of 2011) shall come into operation:

(a) Part 1 (other than section 5);

(b) sections 7 (other than paragraph (c)) and 8;

(c) Part 3;

(d) Schedules 1 and 2.

2.

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.

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)...