CRIMINAL JUSTICE ACT 2013
| Jurisdiction | Ireland |
| Citation | IR No. 19/2013 |
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Number 19 of 2013
CRIMINAL JUSTICE ACT 2013
REVISED
Updated to 26 November 2018
This Revised Act is an administrative consolidation of the Criminal Justice Act 2013. 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 Children’s Health Act 2018 (27/2018), enacted 20 November 2018 and all statutory instruments up to and including Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Section 25) (Prescribed Class of Designated Person) Regulations 2018 (S.I. No. 487 of 2018), made 22 November 2018, 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.
Number 19 of 2013
CRIMINAL JUSTICE ACT 2013
REVISED
Updated to 26 November 2018
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
Criminal Justice (Money Laundering and Terrorist Financing) Acts 2010 to 2018: this Act is one of a group of Acts included in this collective citation (Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26/2018), s. 1(3)). The Acts in this group are:
• Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (6/2010)
• Criminal Justice Act 2013 (19/2013), Part 2
• Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26/2018)
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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1979, 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 (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26/2018)
All Acts up to and including Children’s Health Act 2018 (27/2018), enacted 20 November 2018, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Criminal Justice Act 2013 (Sections 15 and16) (Commencement) Order 2014 (S.I. No. 80 of 2014)
• Criminal Justice Act 2013 (Commencement) Order 2013 (S.I. No. 196 of 2013)
All statutory instruments up to and including Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Section 25) (Prescribed Class of Designated Person) Regulations 2018 (S.I. No. 487 of 2018), made 22 November 2018, were considered in the preparation of this revision.
Number 19 of 2013
CRIMINAL JUSTICE ACT 2013
REVISED
Updated to 26 November 2018
Acts Referred to
Communications Regulation Act 2002 (No. 20)
Companies Act 1963 (No. 33)
Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6)
Criminal Justice (Terrorist Offences) Act 2005 (No. 2)
Criminal Justice Act 1994 (No. 15)
Number 19 of2013
CRIMINAL JUSTICE ACT 2013
REVISED
Updated to 26 November 2018
An Act to amend the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, to provide for the cessation of mobile communications services where necessary for the aversion of serious threats, and to provide for related matters. [12th June, 2013]
Be it enacted by the Oireachtas as follows:
PART 1
Preliminary and General
Short title, collective citation and commencement
1. (1) This Act may be cited as the Criminal Justice Act 2013.
(2) The Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 and Part 2 may be cited together as the Criminal Justice (Money Laundering and Terrorist Financing) Acts 2010 and 2013.
(3) Part 2 shall come into operation on such day or days as the Minister for Justice and Equality 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.
Annotations
Editorial Notes:
E1
Power pursuant to subs. (3) exercised (3.03.2014) by Criminal Justice Act 2013 (Sections 15 and 16) (Commencement) Order 2014 (S.I. No. 80 of 2014).
2. The 3rd day of March 2014 is appointed as the day on which sections 15 and 16 of the Criminal Justice Act 2013 (No. 19 of 2013) shall come into operation.
E2
Power pursuant to subs. (3) exercised (14.06.2013) by Criminal Justice Act 2013 (Commencement) Order 2013 (S.I. No. 196 of 2013).
2. The 14th day of June 2013 is appointed as the day on which Part 2, other than sections 5, 15 and 16, of the Criminal Justice Act 2013 (No. 19 of 2013) shall come into operation.
PART 2
Amendment of Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
Definition (Part 2)
2. In this Part, “Act of 2010” means Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
Amendment of section 17 of Act of 2010
3. Section 17 of the Act of 2010 is amended by the substitution of the following for subsection (4):
“(4) An application for an order under subsection (2)—
(a) shall be made ex parte and shall be heard otherwise than in public,
and
(b) shall be made to a judge of the District Court assigned to the district in which the order is proposed to be served.”.
Amendment of section 24 of Act of 2010
4. Section 24(1) of the Act of 2010 is amended by the substitution of the following for the definition of “occasional transaction”:
“’occasional transaction’ means, in relation to a customer of a designated person where the designated person does not have a business relationship with the customer, a single transaction, or a series of transactions that are or appear to be linked to each other, and—
(a) in a case where the designated person concerned is a person referred to in section 25(1)(h), that the amount of money or the monetary value concerned—
(i) paid to the designated person by the customer, or
(ii) paid to the customer by the designated person,
is in aggregate not less than €2,000,
(b) in a case where the transaction concerned consists of a transfer of funds (within the meaning of Regulation (EC) No. 1781/2006 1) that the amount of money to be transferred is in aggregate not less than €1,000, and
(c) in a case other than one referred to in paragraphs (a) or (b), that the amount or aggregate of amounts concerned is not less than €15,000;”.
Amendment of section 25 of Act of 2010
5. F1[…]
Annotations
Amendments:
F1
Repealed (26.11.2018) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26/2018), s. 40(a), S.I. No. 486 of 2018.
Amendment of section 33 of Act of 2010
6 . Section 33(1) of the Act of 2010 is amended by the substitution of the following for paragraph (c):
“(c) prior to carrying out any service for the customer, if, having regard to the circumstances, including—
(i) the customer, or the type of customer, concerned,
(ii) the type of any business relationship which the person has with the customer,
(iii) the type of service or of any transaction or product in respect of which the service is sought,
(iv) the purpose (or the customer’s explanation of the purpose) of the service or of any transaction or product in respect of which the service is sought,
(v) the value of any transaction or product in respect of which the service is sought,
(vi) the source (or the customer’s explanation of the source) of funds for any such transaction or product,
the person has reasonable grounds to suspect that the customer is involved in, or the service, transaction or product sought by the customer is for the purpose of, money laundering or terrorist financing, or”.
Amendment of section 34 of Act of 2010
7. Section 34 of the Act of 2010 is amended by the substitution of the following for subsection (1):
“(1) A designated person is not required to apply the measures specified in section 33(2) if the designated person, having taken such measures as are necessary to establish if the customer is a specified customer or the product is a specified product, is satisfied that—
(a) the customer is a specified customer, or
(b) the product is a specified product.”.
Amendment of section 36 of Act of 2010
8. Section 36 of the Act of 2010 is amended by the substitution of the following for subsection...
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