Criminal Justice (Perjury and Related Offences) Act 2021
Jurisdiction | Ireland |
Citation | IR No. 13/2021 |
Year | 2021 |
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Number 13 of 2021 | ||
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Criminal Justice (Perjury and Related Offences) Act 2021 | ||
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CONTENTS | ||
1. Definitions and Application | ||
2. Perjury | ||
3. Subornation of perjury | ||
4. References to perjury or subornation of perjury | ||
5. False statements on oath made otherwise than in judicial or other proceedings | ||
6. False statutory declarations and other false statements without oath | ||
7. Fabrication of evidence | ||
8. Incitement to commit offence | ||
9. Corroboration | ||
10. Proof of certain proceedings on which perjury is assigned | ||
11. Form of oath and perjury, etc. | ||
12. Penalties | ||
13. Liability of directors and officers of corporate bodies | ||
14. Proceedings for offences | ||
15. Savings | ||
16. Repeals and amendments | ||
17. Short title and commencement | ||
SCHEDULE 1 | ||
SCHEDULE 2 | ||
SCHEDULE 3 | ||
Amendments to Relevant Acts | ||
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Acts Referred to | ||
Anchors and Chain Cables Act 1899 (62 & 63 Vict.) c. 23 | ||
Arterial Drainage Act 1925 (No. 33) | ||
Assurance Companies Act 1909 (9 Edw. 7) c. 49 | ||
Attachment of Goods (Ireland) Act 1850 (13 & 14 Vict.) c. 73 | ||
Bail Act 1997 (No. 16) | ||
Bankruptcy Act 1988 (No. 27) | ||
Barrow Drainage Act 1927 (No. 26) | ||
Bills of Sale (Ireland) Acts 1879 and 1883 | ||
Cemeteries Clauses Act 1847 (10 & 11 Vict.) c. 65 | ||
Central Bank Act 1942 (No. 22) | ||
Chancery and Common Law Offices (Ireland) Act 1867 (30 & 31 Vict.) c. 129 | ||
Chancery Taxing Master (Ireland) Act 1845 (8 & 9 Vict.) c. 115 | ||
Checkweighing in Various Industries Act 1919 (9 & 10 Geo. 5) c. 51 | ||
Child Abduction and Enforcement of Custody Orders Act 1991 (No. 6) | ||
Children Act 1997 (No. 40) | ||
Children Act 2001 (No. 24) | ||
Church Temporalities Act 1833 (3 & 4 Will.) c. 37 | ||
Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (No. 13) | ||
Civil Procedure Act 1833 (3 & 4 Will.) c. 42 | ||
Civil Registration Act 2004 (No. 3) | ||
Coast Protection Act 1963 (No. 12) | ||
Commission to Inquire into Child Abuse Act 2000 (No. 7) | ||
Commissioners For Oaths (Ireland) Act 1872 (35 & 36 Vict.) c. 75 | ||
Commissioners For Oaths Act 1889 (52 & 53 Vict.) c. 10 | ||
Common Law Procedure (Ireland) Act 1821 (1 & 2 Geo. 4) c. 53 | ||
Common Law Procedure Amendment Act (Ireland) 1856 (19 & 20 Vict.) c. 102 | ||
Companies Act 2014 (No. 38) | ||
Convict Prisons (Ireland) Act 1854 (17 & 18 Vict.) c. 76 | ||
Cork Harbour Act 1933 (No. 1P) | ||
Court of Justice of the European Communities (Perjury) Act 1975 (No. 12) | ||
Criminal Evidence Act 1992 (No. 12) | ||
Criminal Jurisdiction Act 1802 (42 Geo. 3) c. 85 | ||
Criminal Justice (Mutual Assistance) Act 2008 (No. 7) | ||
Criminal Justice Act 1951 (No. 2) | ||
Criminal Law (Insanity) Act 2006 (No. 11) | ||
Criminal Law (Jurisdiction) Act 1976 (No. 14) | ||
Criminal Procedure Act 1851 (14 & 15 Vict.) c. 100 | ||
Criminal Procedure Act 2010 (No. 27) | ||
Diplomatic and Consular Officers (Provision of Services) Act 1993 (No. 33) | ||
Dublin Carriage Act 1853 (16 & 17 Vict.) c. 112 | ||
Dublin Police Magistrates Act 1808 (48 Geo. 3.) c. 140 | ||
Dundalk Harbour and Port Act 1925 (No. 3P) | ||
Electoral Act 1992 (No. 23) | ||
Electricity (Supply) Act 1927 (No. 27) | ||
Employment Permits Act 2006 (No. 16) | ||
Endowed Schools (Ireland) Act 1813 (53 Geo. 3) c. 107 | ||
Ethics in Public Office Act 1995 (No. 22) | ||
European Parliament Elections Act 1997 (No. 2) | ||
Evidence (Ireland) Act 1815 (55 Geo. 3.) c. 157 | ||
Evidence By Commission Act 1859 (22 Vict.) c. 20 | ||
Evidence on Commission Act 1831 (1 Will. 4.) c. 22 | ||
Explosive Substances Act 1883 (46 & 47 Vic.) c. 3 | ||
Extradition Act 1965 (No. 17) | ||
Financial Services and Pensions Ombudsman Act 2017 (No. 22) | ||
Fines Act (Ireland) 1851 (14 & 15 Vict.) c. 90 | ||
Fishery Harbour Centres Act 1968 (No. 18) | ||
Foreign Marriage Act 1892 (55 & 56 Vict.) c. 23 | ||
Foreign Tribunals Evidence Act 1856 (19 & 20 Vict.) c. 113 | ||
Friendly Societies Act 1896 (59 & 60 Vict., c. 25) | ||
Friendly Societies Act 1896 (59 & 60 Vict.,) c. 25 | ||
Friendly Societies Act 1896 (59 & 60 Vict.) c. 25 | ||
Friendly Societies Acts 1896 to 2018 | ||
Galway Harbour Act 1935 (No. 2P) | ||
Gas Act 1976 (No. 30) | ||
Gasworks Clauses Act 1847 (10 & 11 Vict.) c. 15 | ||
Government Annuities Act 1853 (16 & 17 Vict.) c. 45 | ||
Government Annuities Act 1882 (45 & 46 Vict.) c. 51 | ||
Harbours, Docks, and Piers Clauses Act 1847 (10 & 11 Vict.) c. 27 | ||
Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 (No. 33) | ||
Industrial Alcohol Act 1938 (No. 23) | ||
Industrial and Provident Societies Act 1893 (56 & 57 Vict.) c. 39 | ||
Industrial and Provident Societies Acts 1893 to 2018 | ||
Insurance Acts 1909 to 2018 | ||
Interpretation Act 2005 (No. 23) | ||
Judicial Council Act 2019 (No. 33) | ||
Lands Clauses Consolidation Act 1845 (9 Vict.) c. 18 | ||
Law of Distress Amendment Act 1908 (8 Edw. 7) c. 53 | ||
Limerick Harbour Act 1926 (No. 2P) | ||
Limited Partnerships Act 1907 (7 Edw. 7) c. 24 | ||
Local Elections (Petitions and Disqualifications) Act, 1974 (No. 8) | ||
Maintenance and Embracery Act 1540 (32 Hen. 8) c. 9 | ||
Maintenance and Embracery Act 1634 (10 Chas. 1) c. 15 | ||
Markets and Fairs Clauses Act 1847 (10 & 11 Vict.) c. 14 | ||
Marriage With Foreigners Act 1906 (6 Edw. 7) c. 40 | ||
Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870 (33 & 34 Vict.) c. 110 | ||
Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1871 (34 & 35 Vict.) c. 49 | ||
Medical Act 1858 (21 & 22 Vict.) c. 90 | ||
Mental Health Act 2001 (No. 25) | ||
Oaths Act 1838 (1 & 2 Vict.) c. 105 | ||
Oaths Act 1888 (51 & 52 Vict.) c. 46 | ||
Patents Act 1992 (No. 1) | ||
Pensions Commutation Act 1871 (34 & 35 Vict.) c. 36 | ||
Perjury Act 1586 (28 Eliz.) c. 1 | ||
Perjury Act 1729 (3 Geo. 2) c. 4 | ||
Perpetuation of Testimony Act 1842 (5 & 6 Vict.) c. 69 | ||
Piracy Act 1850 (13 & 14 Vict.) c. 26 | ||
Probate Duty (Ireland) Act 1816 (56 Geo. 3) c. 56 | ||
Proceeds of Crime Act 1996 (No. 30) | ||
Public Works Loans Act 1875 (38 & 39 Vict.) c. 89 | ||
Quakers and Moravians Act 1833 (3 & 4 Will. 4) c. 49 | ||
Quakers and Moravians Act 1838 (1 & 2 Vict.4) c. 77 | ||
Railway Regulation Act 1840 (3 & 4 Vict.) c. 97 | ||
Railways Clauses Consolidation Act 1845 (8 & 9 Vict.) c. 20 | ||
Redundancy Payments Act 1967 (No. 21) | ||
Referendum Act 1994 (No. 12) | ||
Regulation of Railways Act 1868 (31 & 32 Vict.) c. 119 | ||
Regulation of Railways Act 1871 (34 & 35 Vict.) c. 78 | ||
Residential Institutions Redress Act 2002 (No. 13) | ||
River Owenmore Drainage Act 1926 (No. 3) | ||
Shops (Hours of Trading) Act 1938 (No. 3) | ||
Slave Trade Act 1873 (36 & 37 Vict.) c. 88 | ||
Solicitors (Amendment) Act 1960 (No. 37) | ||
Statutory Declarations Act 1835 (5 & 6 Will. 4) c. 52 | ||
Statutory Declarations Act 1938 (No. 37) | ||
Taxes Consolidation Act 1997 (No. 39) | ||
Town Police Clauses Act 1847 (10 & 11 Vict.) c. 89 | ||
Tumultuous Risings Act 1775 (15 & 16 Geo. 3.) c. 21 | ||
Turf Development Act 1946 (No. 10) | ||
Valuation Act 2001 (No. 13) | ||
Vexatious Indictments Act 1859 (22 & 23 Vict.) c. 17 | ||
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Number 13 of 2021 | ||
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CRIMINAL JUSTICE (PERJURY AND RELATED OFFENCES) ACT 2021 | ||
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An Act to provide for offences relating to perjury, subornation of perjury, the making of certain false statements, the fabrication of evidence and other related matters; for those purposes to amend certain enactments; and to provide for related matters. | ||
[21st June, 2021] | ||
Be it enacted by the Oireachtas as follows: | ||
Definitions and Application |
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1. (1) In this Act— | ||
“Act of 2020” means the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 ; |
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“affidavit”, in the case of a person for the time being allowed by law to declare instead of swearing, includes declaration; |
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“enactment” has the same meaning as it has in the Interpretation Act 2005 ; |
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“judicial or other proceeding” means a proceeding before any— |
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(a) court, |
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(b) tribunal, including a tribunal of inquiry or a commission of investigation, or |
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(c) person having by law power to hear, receive and examine evidence on oath; |
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“oath”, in the case of a person for the time being allowed by law to affirm or declare instead of swearing, includes affirmation or declaration; |
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“perjury” shall, except where the context otherwise requires, be construed in accordance with section 2 (1); |
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“statutory declaration” means a declaration made under the Statutory Declarations Act 1938 ; |
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“subornation of perjury” shall, except where the context otherwise requires, be construed in accordance with section 3 (1); |
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“swear”, in the case of a person for the time being allowed by law to affirm or declare instead of swearing, includes affirm and declare. |
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(2) Section 21(3) of the Act of 2020 shall not apply in respect of any reference in this Act to an affidavit or a statutory declaration. |
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Perjury |
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2. (1) A person commits an offence (in this Act referred to as perjury) if he or she, in, or for the purpose of, a judicial or other proceeding, gives a statement material in the proceeding— | ||
(a) while lawfully sworn as a witness or as an interpreter, |
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(b) on affidavit, or |
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(c) in a statement of truth made in place of an affidavit in accordance with section 21 of the Act of 2020, |
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that is false, and he or she knows to be false. |
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(2) Where, pursuant to an enactment, a statement is made by a person in a manner specified in paragraph (a), (b) or (c) of subsection (1)— |
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(a) within the State for the purposes of a proceeding outside the State and such proceeding corresponds to a judicial or other proceeding in the State, or |
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(b) outside the State for the purposes of a judicial or other proceeding within the State, |
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the statement shall be treated for the purposes of this Act as a statement made in such a manner in, or for the... |
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