Criminal Justice (Mutual Assistance) (Amendment) Act 2015

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Number 40 of 2015

CRIMINAL JUSTICE (MUTUAL ASSISTANCE) (AMENDMENT) ACT 2015

CONTENTS

Section

1. Interpretation

2. Amendment of section 2 of Principal Act

3. Amendment of section 31(1) of Principal Act

4. Amendment of section 32(6) (a) of Principal Act

5. Amendment of section 34(1) of Principal Act

6. Amendment of section 35(6) of Principal Act

7. Amendment of section 38 of Principal Act

8. Amendment of section 44 of Principal Act

9. Amendment of section 45(1) of Principal Act

10. Amendment of section 48 of Principal Act

11. Amendment of section 49 of Principal Act

12. External confiscation orders (designated states other than member states)

13. External confiscation orders (member states)

14. Refusal to confiscate

15. Postponement of confiscation

16. Variation or discharge of confiscation co-operation orders

17. Variation or discharge of external confiscation orders from member states

18. Termination of external confiscation orders from member states

19. Central Authority to inform competent authority

20. Amendment of section 53 of Principal Act

21. Amendment of section 56 of Principal Act

22. Amendment of section 57(b) of Principal Act

23. Application of provisions on enforcement and realisation to execution of external confiscation order from member states

24. Financial penalties

25. Amendment of section 67 of Principal Act

26. Amendment of section 68(2) (d) of Principal Act

27. Amendment of section 69(a) of Principal Act

28. Amendment of section 74 of Principal Act

29. Amendment of section 75 of Principal Act

30. Powers of officers of Revenue Commissioners

31. Special intervention units

32. Eurojust national member

33. Insertion of Schedules 5A, 5B, 7A, 7B and 7C to Principal Act

34. Amendment of section 65 of Criminal Justice Act 1994

35. Amendment of section 51(1) of Garda Síochána Act 2005

36. Repeals

37. Short title, collective citation and commencement

SCHEDULE 1

Text of Agreement Between the European Union and Japan on Mutual Legal Assistance in Criminal Matters

SCHEDULE 2

Text of Council Framework Decision 2005/214/JHA of 24 February 2005 on the Application of Mutual Recognition to Financial Penalties

SCHEDULE 3

Text of Council Framework Decision 2006/783/JHA of 6 October 2006 on the Application of the Principle of Mutual Recognition to Confiscation Orders

SCHEDULE 4

Text of Council Decision 2008/617/JHA of 23 June 2008 on the Improvement of Cooperation Between Special Intervention Units of the Member States of the European Union in Crisis Situations

SCHEDULE 5

Text of Council Decision 2009/426/JHA of 16 December 2008 on the Strengthening of Eurojust and Amending Decision 2002/187/JHA Setting up Eurojust with a view to Reinforcing the Fight Against Serious Crime

Acts Referred to

Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (No. 11)

Criminal Justice (Joint Investigation Teams) Act 2004 (No. 20)

Criminal Justice (Mutual Assistance) Act 2008 (No. 7)

Criminal Justice Act 1994 (No. 15)

Fines (Payment and Recovery) Act 2014 (No. 7)

Garda Síochána Act 2005 (No. 20)

Number 40 of 2015

CRIMINAL JUSTICE (MUTUAL ASSISTANCE) (AMENDMENT) ACT 2015

An Act to give effect to Council Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders ¹ , Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties² , Council Decision 2008/617/JHA of 23 June 2008 on the improvement of cooperation between special intervention units of the Member States of the European Union in crisis situations³ , Council Decision 2009/426/JHA of 16 December 2008 on the strengthening of Eurojust and amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime⁴ , Council Decision 2010/616/EU of 7 October 2010 on the conclusion of the Agreement between the European Union and Japan on mutual legal assistance in criminal matters⁵ ; to give further effect to Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial⁶ ; for those purposes, to amend the Criminal Justice (Mutual Assistance) Act 2008 , the Criminal Justice Act 1994 , the Criminal Justice (Joint Investigation Teams) Act 2004 and the Garda Síochána Act 2005 ; and to provide for related matters.

[1 st December, 2015]

Be it enacted by the Oireachtas as follows:

¹OJ L 328, 24.11.2006, p.59.

²OJ L 76, 2.03.2005, p.16.

³OJ L 210, 06.08.2008, p.73.

⁴OJ L 138, 04.06.2008, p.14.

⁵OJ L 271, 15.10.2010, p.3.

⁶OJ L 81, 27.03.2009, p.24.