Criminal Procedure Act, 2010

• Jurisdiction: Ireland
• Citation: IR No. 27/2010

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• Act As Enacted
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Number 27 of 2010

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CRIMINAL PROCEDURE ACT 2010

REVISED

Updated to 28 February 2022

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This Revised Act is an administrative consolidation of the Criminal Procedure Act 2010. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 2010 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Electricity Costs (Domestic Electricity Accounts) Emergency Measures Act 2022 (1/2022), enacted 4 March 2022, and all statutory instruments up to and including the Criminal Procedure Act 2021 (Commencement) Order 2022 (S.I. No. 79 of 2022), made 23 February 2022, 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 27 of 2010

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CRIMINAL PROCEDURE ACT 2010

REVISED

Updated to 28 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 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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 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 (Corruption Offences) Act 2018 (9/2018)

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

• Criminal Law (Sexual Offences) Act 2017 (2/2017)

• Court of Appeal Act 2014 (18/2014)

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

All Acts up to and including Electricity Costs (Domestic Electricity Accounts) Emergency Measures Act 2022 (1/2022), enacted 4 March 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Criminal Procedure Act 2010 (Commencement) Order 2010 (S.I. No. 414 of 2010)

All statutory instruments up to and including Criminal Procedure Act 2021 (Commencement) Order 2022 (S.I. No. 79 of 2022), made 23 February 2022, were considered in the preparation of this revision.

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Number 27 of 2010

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CRIMINAL PROCEDURE ACT 2010

REVISED

Updated to 28 February 2022

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Acts Referred to

Air Navigation and Transport Act 1973	1973, No. 29
Air Navigation and Transport Act 1975	1975, No. 9
Broadcasting Act 2009	2009, No. 18
Child Trafficking and Pornography Act 1998	1998, No. 22
Children Act 2001	2001, No. 24
Courts Act 1991	1991, No. 20
Courts of Justice Act 1924	1924, No. 10
Criminal Damage Act 1991	1991, No. 31
Criminal Evidence Act 1992	1992, No. 12
Criminal Justice (Evidence) Act 1924	1924, No. 37
Criminal Justice (Legal Aid) Act 1962	1962, No. 12
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
Criminal Justice Act 1951	1951, No. 2
Criminal Justice Act 1984	1984, No. 22
Criminal Justice Act 1990	1990, No. 16
Criminal Justice Act 1993	1993, No. 6
Criminal Justice Act 1994	1994, No. 15
Criminal Justice Act 1999	1999, No. 10
Criminal Justice Act 2006	2006, No. 26
Criminal Law (Human Trafficking) Act 2008	2008, No. 8
Criminal Law (Insanity) Act 2006	2006, No. 11
Criminal Law (Rape) (Amendment) Act 1990	1990, No. 32
Criminal Law (Sexual Offences) Act 2006	2006, No. 15
Criminal Procedure Act 1967	1967, No. 12
Explosive Substances Act 1883	46 & 47 Vict., c. 3
Firearms Act 1925	1925, No. 17
Firearms Act 1964	1964, No. 1
International Criminal Court Act 2006	2006, No. 30
Maritime Security Act 2004	2004, No. 29
Misuse of Drugs Act 1977	1977, No. 12
Non-Fatal Offences Against the Person Act 1997	1997, No. 26
Offences Against the State (Amendment) Act 1998	1998, No. 39
Offences Against the State Act 1939	1939, No. 13
Prevention of Corruption Act 1906	6 Edw. 7, c. 34
Prisons Act 2007	2007, No. 10
Prosecution of Offences Act 1974	1974, No. 22
Punishment of Incest Act 1908	8 Edw. 7, c. 45

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Number 27 of 2010

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CRIMINAL PROCEDURE ACT 2010

REVISED

Updated to 28 February 2022

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AN ACT TO AMEND AND EXTEND THE CRIMINAL JUSTICE ACT 1993; TO AMEND CRIMINAL LAW AND PROCEDURE IN OTHER RESPECTS, INCLUDING MAKING PROVISION FOR EXCEPTIONS TO THE RULE AGAINST DOUBLE JEOPARDY SO AS TO ENABLE THE COURT OF CRIMINAL APPEAL TO HEAR AND DETERMINE APPLICATIONS BROUGHT IN CERTAIN CIRCUMSTANCES BY THE DIRECTOR OF PUBLIC PROSECUTIONS TO QUASH CERTAIN ACQUITTALS AND TO HAVE PERSONS WHO ARE THE SUBJECT OF THOSE APPLICATIONS RE-TRIED, AND TO PROVIDE FOR AN APPEAL TO THE SUPREME COURT ON A POINT OF LAW FROM A DETERMINATION OF THE COURT OF CRIMINAL APPEAL IN RESPECT OF SUCH APPLICATIONS; TO EXTEND THE POWERS OF THE GARDA SÍOCHÁNA IN RELATION TO THE INVESTIGATION OF CERTAIN OFFENCES; TO EXTEND THE CIRCUMSTANCES IN WHICH THE DIRECTOR OF PUBLIC PROSECUTIONS OR THE ATTORNEY GENERAL, AS MAY BE APPROPRIATE, MAY TAKE AN APPEAL IN CRIMINAL PROCEEDINGS; TO AMEND THE CRIMINAL JUSTICE (EVIDENCE) ACT 1924 AND TO AMEND AND EXTEND THE LAW RELATING TO EVIDENCE IN OTHER RESPECTS; TO AMEND THE CRIMINAL JUSTICE ACT 1994, THE COURTS ACT 1991, THE CRIMINAL PROCEDURE ACT 1967, THE CRIMINAL JUSTICE (LEGAL AID) ACT 1962, THE CRIMINAL JUSTICE ACT 1951, THE OFFENCES AGAINST THE STATE ACT 1939 AND THE COURTS OF JUSTICE ACT 1924; AND TO PROVIDE FOR RELATED MATTERS.

[20th July, 2010]

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 Procedure Act 2010.

(2) This Act shall come into operation on such day or days as the Minister 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 section exercised (31.08.2010) by Criminal Procedure Act 2010 (Commencement) Order 2010 (S.I. No. 414 of 2010).

2. The 1st day of September 2010 is appointed as the day on which the Criminal Procedure Act 2010 (No. 27 of 2010) shall come into operation.

2.

Interpretation.

2.— (1) In this Act unless the context otherwise requires—

“Act of 1962” means the Criminal Justice (Legal Aid) Act 1962;

“Act of 1967” means the Criminal Procedure Act 1967;

“Act of 1993” means the Criminal Justice Act 1993;

“broadcast” has the meaning it has in section 2 of the Broadcasting Act 2009;

“children detention school” has the meaning it has in section 3(1) of the Children Act 2001;

“Director” means the Director of Public Prosecutions;

F1[ ‘legal aid (appeal) certificate’ has the meaning it has in the Act of 1962;]

“legal aid (Supreme Court) certificate” has the meaning it has in the Act of 1962;

“legal aid (trial on indictment) certificate” has the meaning it has in the Act of 1962;

“Minister” means the Minister for Justice and Law Reform;

“prison” has the meaning it has in section 2 of the Prisons Act 2007;

“publication” means publication, other than by way of broadcast, to the public or a portion of the public.

(2) In this Act, unless the context otherwise requires, references to—

(a) a jury shall, in relation to proceedings conducted before a court sitting without a jury, be construed as references to that court, and

(b) a person being sent forward for trial include, where appropriate, references to such a person being sent or being sent forward for trial to, or charged before, a Special Criminal Court.

Annotations

Amendments:

F1

Inserted (28.10.2014) by Court of Appeal Act 2014 (18/2014), s. 71(a), S.I. No. 479 of 2014.

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