Criminal Justice (Miscellaneous Provisions) Act 2023

JurisdictionIreland
Year2023
CitationIR No. 24/2023


Criminal Justice (Miscellaneous Provisions) Act 2023

2023 24

An Act to amend the Offences against the Person Act 1861 and the Criminal Justice Act 2006 in relation to the offences of conspiracy to murder under those Acts; and for that purpose to provide for consequential amendments of other enactments; to amend the Explosives Act 1875 and the Firearms Act 1925; to provide for offences relating to non-fatal strangulation, non-fatal suffocation, harassment and stalking and for those purposes and other purposes to amend the Non-Fatal Offences against the Person Act 1997; to provide for the making of court orders to protect persons against certain conduct; to provide for assistance between the State and the European Public Prosecutors Office, and for that purpose and other purposes to amend the Criminal Justice (Mutual Assistance) Act 2008 and the Criminal Justice (Joint Investigation Teams) Act 2004; to provide for circumstances in which a court may order the anonymity of a witness in criminal proceedings; to provide for certificates of evidence relating to the receipt, handling, transmission or storage of certain items, and for that purpose to provide for amendments to the Misuse of Drugs Act 1984; and for those and other purposes to amend the Criminal Evidence Act 1992, the Criminal Justice Act 1993, the Criminal Procedure Act 1993, the Criminal Justice (Public Order) Act 1994, the Bail Act 1997, the Criminal Justice (Theft and Fraud Offences) Act 2001, the Criminal Law (Insanity) Act 2006, the Broadcasting Act 2009, the Communications (Retention of Data) Act 2011, the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014, the Domestic Violence Act 2018 and certain other enactments; and to provide for related matters.

[19 July 2023]

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S-1 Short title, collective citation and commencement

1 Short title, collective citation and commencement

(1) This Act may be cited as the Criminal Justice (Miscellaneous Provisions) Act 2023.

(2) Part 3 and the Firearms Acts 1925 to 2009 may be cited as the Firearms Acts 1925 to 2023 and shall be construed together as one.

(3) The Criminal Justice (Mutual Assistance) Acts 2008 and 2015 and Part 6 may be cited together as the Criminal Justice (Mutual Assistance) Acts 2008 to 2023.

(4) The Criminal Justice (Public Order) Acts 1994 to 2014 and section 63 may be cited together as the Criminal Justice (Public Order) Acts 1994 to 2023.

(5) This Act shall come into operation on such day or days as may be appointed by order or orders made by the Minister for Justice, either generally or by reference to any particular purpose or provisions, and different days may be so appointed for different purposes or different provisions.

S-2 Expenses

2 Expenses

2. The expenses incurred by the Minister for Justice in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of monies provided by the Oireachtas.

S-3 Amendment of section 4 of Offences against the Person Act 1861

3 Amendment of section 4 of Offences against the Person Act 1861

3. Section 4 of the Offences against the Person Act 1861 is amended by the substitution of “to imprisonment for life or a lesser term of imprisonment” for “to be kept in penal servitude for any term not more than ten years”.

S-4 Amendment of Criminal Justice Act 2006

4 Amendment of Criminal Justice Act 2006

4. The Criminal Justice Act 2006 is amended—

(a) in section 70(1), by the insertion of the following definition:

“‘Act of 1861’ means the Offences against the Person Act 1861;”,

(b) in section 71—

(i) by the substitution of the following subsection for subsection (4):

“(4) A person charged with an offence under this section—

(a) subject to paragraph (b), is liable to be indicted, tried and punished as a principal offender, or

(b) where the offence, the subject of the conspiracy, is murder, is liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment.”,

and

(ii) by the insertion of the following subsection after subsection (4):

“(4A) This section shall not apply in respect of a conspiracy to commit murder to which section 4 of the Act of 1861 applies.”,

(c) in section 72A(1), by the substitution of “for an offence under this Part or the offence of conspiracy to murder under section 4 of the Act of 1861” for “for an offence under this Part”,

(d) in section 76(1), by the substitution of “Where an offence under this Part or the offence of conspiracy to murder under section 4 of the Act of 1861 is committed” for “Where an offence under this Part is committed”, and

(e) by the substitution of the following section for section 77:

“Double jeopardy

77. A person who is acquitted or convicted of an offence in a place outside the State shall not be proceeded against for an offence—

(a) under section 71 consisting of the act, or the conspiracy to do an act, that constituted the offence,

(b) under section 72 consisting of the act that constituted the offence, or

(c) of conspiracy to murder under section 4 of the Act of 1861 consisting of the act, or the conspiracy to do the act, that constituted the offence,

of which the person was so acquitted or convicted.”.

S-5 Amendment of Criminal Justice Act 2007

5 Amendment of Criminal Justice Act 2007

5. The Criminal Justice Act 2007 is amended—

(a) in section 2, by the insertion of the following definition:

“‘Act of 1861’ means the Offences against the Person Act 1861;”,

(b) in section 26A(1)—

(i) in paragraph (a), by the substitution of “Part 7 of the Act of 2006,” for “Part 7 of the Act of 2006, or”,

(ii) by the insertion of the following paragraph after paragraph (a):

“(aa) the offence of conspiracy to murder under section 4 of the Act of 1861, or”,

and

(iii) in paragraph (b), by the substitution of “(other than an offence referred to in paragraph (a) or (aa))” for “(other than an offence referred to in paragraph (a) )”,

and

(c) in section 50(1)—

(i) in paragraph (d), by the substitution of “the use of a firearm,” for “the use of a firearm, or”,

(ii) in paragraph (e), by the substitution of “Criminal Justice Act 2006, or” for “Criminal Justice Act 2006.”, and

(iii) by the insertion of the following paragraph after paragraph (e):

“(f) the offence of conspiracy to murder under section 4 of the Act of 1861.”.

S-6 Amendment of European Union (Passenger Name Record Data) Regulations 2018

6 Amendment of European Union (Passenger Name Record Data) Regulations 2018

6. Schedule 2 to the European Union (Passenger Name Record Data) Regulations 2018 (S.I. No. 177 of 2018) is amended by the substitution of the following paragraph for paragraph 15:

“15.Organised and armed robbery.

An offence under—

section 4, 12, 13, 14, 15, 17 or 18 of the Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50 of 2001),

section 71, 71A, 72 or 73 of the Criminal Justice Act 2006 (No. 26 of 2006),

section 4, in relation to conspiracy to murder, of the Offences against the Person Act 1861”.

S-7 Definition (Part 3)

7 Definition (Part 3)

7. In this Part, “Act of 1925” means the Firearms Act 1925.

S-8 Amendment of section 5 of Explosives Act 1875

8 Amendment of section 5 of Explosives Act 1875

8. Section 5 of the Explosives Act 1875 is amended—

(a) in the second subsection (2.), by the substitution of “conveyance of gunpowder; or” for “conveyance of gunpowder.”, and

(b) by the insertion of the following subsection after the second subsection (2.) referred to inparagraph (a):

“(3) To the keeping of gunpowder by a person for the purpose of lawfully selling it directly to the public—

(a) where the total amount of gunpowder on the premises does not exceed 5kg,

(b) where the gunpowder is, or is part of—

(i) a Category F1 firework, namely a firework that presents a very low hazard and negligible noise level and that is intended for use in confined areas and includes fireworks that are intended for use inside domestic buildings,

(ii) a Category P1 pyrotechnic article, namely a pyrotechnic article, other than fireworks and theatrical pyrotechnic articles, that presents a low hazard, or

(iii) an article classified as UN No. 0014, namely blank cartridges for weapons, blank cartridges for small arms or blank cartridges for tools, to which the United Nations Serial Number UN No. 0014 was assigned in the manual published by the United Nations and entitled ‘Twenty-second revised edition of the Recommendations by the United Nations Committee of Experts on the Transport of Dangerous Goods’ or in any later revised edition of those Recommendations for the time being in force,

and

(c) where the gunpowder referred to in paragraph (b) is kept—

(i) in an area designated by the person—

(I) to which unauthorised access is prevented, and

(II) that is located well away from sources of ignition, sparks and flammable materials,

and

(ii) in a manner that does not compromise emergency escape routes.”.

S-9 Amendment of section 2 of Act of 1925

9 Amendment of section 2 of Act of 1925

(3) of the Act of 1925 is amended—

(a)

in paragraph (b), by the substitution of “or by a member of the civilian staff of the Garda Síochána, in the performance of” for “in the performance of”, and

(b)

by the insertion of the following paragraph after paragraph (b):

“(ba) the possession, use, or carriage of a firearm or ammunition by an officer of the Minister assigned to perform functions in Forensic Science Ireland, in the course of the performance by him or her of such functions;”.

S-10 Insertion of section 3DA into Act of 1925

10 Insertion of section 3DA into Act of 1925

10. The Act of 1925 is amended by the insertion of the following section after section 3D:

“Restrictions on firearm certificates for semi-automatic centre-fire rifles

3DA. (1) On and after the...

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