Criminal Justice (Miscellaneous Provisions) Act 2023

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Number 24 of 2023

CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2023

CONTENTS

PART 1

Preliminary and general

Section

1. Short title, collective citation and commencement

2. Expenses

PART 2

Conspiracy to murder

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

4. Amendment of Criminal Justice Act 2006

5. Amendment of Criminal Justice Act 2007

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

PART 3

Amendment of Explosives Act 1875 and Firearms Act 1925

7. Definition (Part 3)

8. Amendment of section 5 of Explosives Act 1875

9. Amendment of section 2 of Act of 1925

10. Insertion of section 3DA into Act of 1925

11. Amendment of section 4A of Act of 1925

12. Insertion of new section 4AA into Act of 1925

13. Amendment of section 4B of Act of 1925

14. Amendment of section 4C of Act of 1925

15. Insertion of new section 14A into Act of 1925

16. Amendment of section 23 of Act of 1925

17. Amendment of section 24 of Act of 1925

18. Insertion of new section 26A into Act of 1925

PART 4

Amendment of Non-Fatal Offences against the Person Act 1997

19. Definition (Part 4)

20. Amendment of section 3 of Act of 1997

21. Non-fatal strangulation or non-fatal suffocation

22. Non-fatal strangulation or non-fatal suffocation causing serious harm

23. Harassment or stalking

24. Prohibition on publication or broadcast of certain material

25. Transitional provision

26. Amendment of section 25 of Act of 1997

PART 5

Civil orders against relevant conduct

27. Definitions (Part 5)

28. Order under section 28

29. Variation or discharge of order under section 28

30. Renewal of order under section 28

31. Application under section 28, 29 or 30 by member of Garda Síochána

32. Protection against cross-examination by applicant or respondent

33. Requirement to give reasons for certain decisions

34. Taking effect of relevant order

35. Copies of orders to be given to certain persons

36. Exercise of jurisdiction by court in civil proceedings

37. Hearing of proceedings

38. Special sitting of District Court

39. Evidence through television link for civil proceedings

40. Right to be accompanied in court in certain circumstances

41. Costs

42. Rules of court and service of documents

43. Extraterritoriality

44. Offence

45. Arrest without warrant

46. Prohibition on publication or broadcast of certain material relating to offence under section 44

47. Saver (Part 5)

PART 6

Amendment of Criminal Justice (Mutual Assistance) Act 2008

48. Definition (Part 6)

49. Amendment of section 2(1) of Act of 2008

50. Application for purposes of Part 7B

51. Amendment of section 53 of Act of 2008

52. Assistance in criminal matters between State and EPPO

53. Amendment of section 109 of Act of 2008

54. Amendment of Criminal Justice (Joint Investigation Teams) Act 2004

PART 7

Anonymity of witnesses in criminal proceedings

55. Anonymity of witnesses in criminal proceedings

PART 8

Forensic Science Ireland Certificate Evidence

56. Certificates relating to receipt, handling, transmission or storage

57. Amendment of section 10 of Misuse of Drugs Act 1984

58. Amendment of Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

59. Amendment of Schedule to Criminal Law (Jurisdiction) Act 1976

PART 9

Miscellaneous

60. Amendment of Criminal Evidence Act 1992

61. Amendment of section 2 of Criminal Justice Act 1993

62. Amendment of section 3 of Criminal Procedure Act 1993

63. Amendment of Criminal Justice (Public Order) Act 1994

64. Amendment of First Schedule to Extradition (Amendment) Act 1994

65. Amendment of Civil Legal Aid Act 1995

66. Amendment of Schedule to Bail Act 1997

67. Amendment of Second Schedule to Criminal Justice (Safety of United Nations Workers) Act 2000

68. Amendment of Criminal Justice (Theft and Fraud Offences) Act 2001

69. Amendment of Civil Liability and Courts Act 2004

70. Amendment of Criminal Justice (Terrorist Offences) Act 2005

71. Amendment of Garda Síochána Act 2005

72. Amendment of Schedule 1 to Criminal Law (Insanity) Act 2006

73. Amendment of Criminal Justice Act 2006

74. Amendment of Prisons Act 2007

75. Amendment of Schedule 2 to Criminal Justice Act 2007

76. Amendment of Schedule 3 to Broadcasting Act 2009

77. Amendment of Schedule to Criminal Procedure Act 2010

78. Amendment of Communications (Retention of Data) Act 2011

79. Amendment of Schedule 1 to Criminal Justice Act 2011

80. Amendment of Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012

81. Amendment of Schedule 1 to Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

82. Amendment of Domestic Violence Act 2018

83. Amendment of section 12 of Criminal Justice (Corruption Offences) Act 2018

84. Amendment of section 1 of Criminal Law (Extraterritorial Jurisdiction) Act 2019

85. Amendment of section 17 of Parole Act 2019

86. Provision relating to insertion of sections 6A to 6F of Communications (Retention of Data) Act 2011

87. Amendment of Schedule 2 to European Union (Passenger Name Record Data) Regulations 2018

Acts Referred to

Bail Act 1997 (No. 16)

Broadcasting Act 2009 (No. 18)

Broadcasting and Other Media Regulation Acts 2009 and 2022

Civil Legal Aid Act 1995 (No. 32)

Civil Liability and Courts Act 2004 (No. 31)

Communications (Retention of Data) (Amendment) Act 2022 (No. 25)

Communications (Retention of Data) Act 2011 (No. 3)

Courts (Supplemental Provisions) Act 1961 (No. 39)

Courts Act 1964 (No. 11)

Courts of Justice Act 1953 (No. 32)

Criminal Evidence Act 1992 (No. 12)

Criminal Justice (Corruption Offences) Act 2018 (No. 9)

Criminal Justice (Female Genital Mutilation) Act 2012 (No. 11)

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 (Mutual Assistance) Acts 2008 and 2015

Criminal Justice (Offences Relating to Information Systems) Act 2017 (No. 11)

Criminal Justice (Public Order) Act 1994 (No. 2)

Criminal Justice (Public Order) Acts 1994 to 2014

Criminal Justice (Safety of United Nations Workers) Act 2000 (No. 16)

Criminal Justice (Terrorist Offences) Act 2005 (No. 2)

Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50)

Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (No. 24)

Criminal Justice Act 1990 (No. 16)

Criminal Justice Act 1993 (No. 6)

Criminal Justice Act 2006 (No. 26)

Criminal Justice Act 2007 (No. 29)

Criminal Justice Act 2011 (No. 22)

Criminal Law (Extraterritorial Jurisdiction) Act 2019 (No. 6)

Criminal Law (Insanity) Act 2006 (No. 11)

Criminal Law (Jurisdiction) Act 1976 (No. 14)

Criminal Law (Sexual Offences) Act 2017 (No. 2)

Criminal Procedure Act 1993 (No. 40)

Criminal Procedure Act 2010 (No. 27)

Domestic Violence Act 2018 (No. 6)

Explosives Act 1875 (38 & 39 Vict., c. 17)

Extradition (Amendment) Act 1994 (No. 6)

Firearms (Firearm Certificates For Non-Residents) Act 2000 (No. 20)

Firearms (Proofing) Act 1968 (No. 20)

Firearms Act 1925 (No. 17)

Firearms Act 1964 (No. 1)

Firearms Acts 1925 to 2009

Garda Síochána Act 2005 (No. 20)

Interpretation Act 2005 (No. 23)

Medical Practitioners Act 2007 (No. 25)

Misuse of Drugs Act 1984 (No. 18)

Non-Fatal Offences against the Person Act 1997 (No. 26)

Offences against the Person Act 1861 (24 & 25 Vict., c. 100)

Parole Act 2019 (No. 28)

Prevention of Corruption Acts 1889 to 2010

Prisons Act 2007 (No. 10)

Number 24 of 2023

CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2023

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 Prosecutor’s 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.

[19th July, 2023]

Be it enacted by the Oireachtas as follows: