Criminal Justice (Mutual Assistance) Act, 2008

• Jurisdiction: Ireland
• Citation: IR No. 7/2008
• Year: 2008

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

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Number 7 of 2008

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CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008

REVISED

Updated to 1 February 2022

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This Revised Act is an administrative consolidation of the Criminal Justice (Mutual Assistance) Act 2008. 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 (Mutual Assistance) Act 2008 (Designation of United Kingdom) Order 2022 (S.I. No. 44 of 2022), made 1 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 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 7 of 2008

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CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008

REVISED

Updated to 1 February 2022

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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

Criminal Justice (Mutual Assistance) Acts 2008 and 2015: this Act is one of a group of Acts included in this collective citation (Criminal Justice (Mutual Assistance) (Amendment) Act 2015) (40/2015), s. 37(2)). The Acts in the group are:

• Criminal Justice (Mutual Assistance) Act 2008 (7/2008)

• Criminal Justice (Mutual Assistance) (Amendment) Act 2015 (40/2015)

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 (Perjury and Related Offences) Act 2021 (13/2021)

• Criminal Procedure Act 2021 (7/2021)

• Criminal Justice (International Co-Operation) Act 2019 (27/2019)

• Criminal Law (Extraterritorial Jurisdiction) Act 2019 (6/2019)

• Data Protection Act 2018 (7/2018)

• Protection of Cultural Property in the Event of Armed Conflict (Hague Convention) Act 2017 (36/2017)

• Prisons Act 2015 (57/2015)

• Criminal Justice (Mutual Assistance) (Amendment) Act 2015 (40/2015)

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

• Europol Act 2012 (53/2012)

• Central Bank Reform Act 2010 (23/2010)

• Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (6/2010)

• Criminal Justice Act 1994 (15/1994)

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

• Criminal Justice (Mutual Assistance) Act 2008 (Designation of United Kingdom) Order 2022 (S.I. No. 44 of 2021)

• European Union (Criminal Justice (Mutual Assistance) Act 2008) (Amendment) Regulations 2022 (S.I. No. 38 of 2021)

• Criminal Justice (Mutual Assistance) Act 2008 (Designation of Japan in Accordance with the Agreement with Japan) Order 2020 (S.I. No. 151 of 2020)

• European Union (Eurojust) Regulations 2019 (S.I. No. 637 of 2019)

• Criminal Justice (Mutual Assistance) Act 2008 (Designation of States in Accordance with the Protocol of Convention for the Protection of Cultural Property in the Event of Armed Conflict) Order 2018 (S.I. No. 300 of 2018)

• Criminal Justice (Mutual Assistance) Act 2008 (Commencement) Order 2014 (S.I. No. 541 of 2014)

• Criminal Justice (Mutual Assistance) Act 2008 (Section 4) Order 2012 (S.I. No. 222 of 2012)

• Criminal Justice (Mutual Assistance) Act, 2008 (Section 4) (No. 2) Order 2011 (S.I. No. 561 of 2011)

• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

• Criminal Justice (Mutual Assistance) Act 2008 (Section 4) Order 2011 (S.I. No. 60 of 2011)

• Criminal Justice (Mutual Assistance) Act 2008 (Section 4) (No. 2) Order 2010 (S.I. No. 372 of 2010)

• Criminal Justice (Mutual Assistance) Act 2008 (Section 4) Order 2010 (S.I. No. 42 of 2010)

• Criminal Justice (Mutual Assistance) Act 2008 (Commencement) Order 2008 (S.I. No. 338 of 2008)

All statutory instruments up to and including Criminal Justice (Mutual Assistance) Act 2008 (Designation of United Kingdom) Order 2022 (S.I. No. 44 of 2021), made 1 February 2022, were considered in the preparation of this revision.

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Number 7 of 2008

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CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008

REVISED

Updated to 1 February 2022

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Information about financial transactions for use in the State

Information about financial transactions for use in designated state

Supplementary

Introductory

Requests for interception where technical assistance required

Notifications of other interceptions

Miscellaneous

Evidence of prisoners

Evidence through television link

Evidence by telephone link for use outside State

Search for Evidence

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Acts Referred to

Bail Act 1997	1997, No. 16
Bankers’ Books Evidence Act 1879	42 & 43 Vic., c. 11
Bankruptcy Act 1988	1988, No. 27
Central Bank Act 1971	1971, No. 24
Children Act 2001	2001, No. 24
Companies Act 1963	1963, No. 33
Companies Acts 1963 to 2006
Courts (Supplemental Provisions) Act 1961	1961, No. 39
Criminal Assets Bureau Act 1996	1996, No. 31
Criminal Justice Act 1994	1994, No. 15
Criminal Justice Act 2006	2006, No. 26
Criminal Justice (Joint Investigation Teams) Act 2004	2004, No. 20
Criminal Justice (Miscellaneous Provisions) Act 1997	1997, No. 4
Criminal Justice (Terrorist Offences) Act 2005	2005, No. 2
Criminal Justice (Theft and Fraud Offences) Act 2001	2001, No. 50
Criminal Justice (United Nations Convention against Torture) Act 2000	2000, No. 11
Data Protection Act 1988	1988, No. 25
Data Protection Acts 1988 and 2003
Dentists Act 1985	1985, No. 9
European Arrest Warrant Act 2003	2003, No. 45
Europol Act 1997	1997, No. 38
Extradition Acts 1965 to 2001
Extradition (Amendment) Act 1994	1994, No. 6
Extradition (European Convention on the Suppression of Terrorism) Act 1987	1987, No. 1
Extradition (European Union Conventions) Act 2001	2001, No. 49
Garda Síochána Act 2005	2005, No. 20
Immigration Act 1999	1999, No. 22
Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993	1993, No. 10
Medical Practitioners Act 1978	1978, No. 4
Misuse of Drugs Act 1977	1977, No. 12
Nurses Act 1985	1985, No. 18
Official Secrets Act 1963	1963, No. 1
Police (Property) Act 1897	60 & 61 Vic., c. 30
Postal and Telecommunications Services Act 1983	1983, No. 24
Prisons Act 1970	1970, No. 11
Prisons Act 1972	1972, No. 7
Probation of Offenders Act 1907	7 Edw. 7., c. 17
Registration of Deeds and Title Act 2006	2006, No. 12
Registration of Deeds and Title Acts 1964 and 2006
Statutory Declarations Act 1938	1938, No. 37
Transfer of Sentenced Prisoners Act 1995	1995, No. 16

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Number 7 of 2008

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CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008

REVISED

Updated to 1 February 2022

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AN ACT—

(a) TO ENABLE EFFECT TO BE GIVEN IN THE STATE TO CERTAIN INTERNATIONAL AGREEMENTS, OR PROVISIONS OF SUCH AGREEMENTS, BETWEEN THE STATE AND OTHER STATES RELATING TO MUTUAL ASSISTANCE IN CRIMINAL MATTERS;

(b) TO REPEAL AND RE-ENACT, WITH AMENDMENTS, PART VII (INTERNATIONAL CO-OPERATION) OF THE CRIMINAL JUSTICE ACT 1994;

AND TO PROVIDE FOR RELATED MATTERS.

[28th April, 2008]

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 (Mutual Assistance) Act 2008.

(2) This Act shall come into operation on such day or days as may be appointed by order or orders of the Minister, either generally or with reference to a particular purpose or provision, and different days may be so appointed for...