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Number 26 of 2006 CRIMINAL JUSTICE ACT 2006 REVISED Updated to 7 April 2017 This Revised Act Is an Administrative Consolidation

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Number 26 of 2006 CRIMINAL JUSTICE ACT 2006 REVISED Updated to 7 April 2017 This Revised Act Is an Administrative Consolidation Number 26 of 2006 CRIMINAL JUSTICE ACT 2006 REVISED Updated to 7 April 2017 This Revised Act is an administrative consolidation of the Criminal Justice Act 2006. 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 Health (Amendment) Act 2017 (5/2017), enacted 31 March 2017, and all statutory instruments up to and including Prisons Act 2015 (Commencement) Order 2017 (S.I. No. 134 of 2017), made 5 April 2017, 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 [email protected]. Number 26 of 2006 CRIMINAL JUSTICE ACT 2006 REVISED Updated to 7 April 2017 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 Firearms Acts 1925 to 2009: this Act is one of a group of Acts included in this collective citation to be construed together as one (Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 1(2)). The Acts in the group are: • Firearms Act 1925 (17/1925) • Firearms Act 1964 (1/1964) • Firearms (Proofing) Act 1968 (20/1968) (from 1.01.1991 onwards, the Firearms (Proofing) Act 1968 (20/1968) is excluded from the collective citation) • Firearms Act 1971 (13/1971) • Firearms and Offensive Weapons Act 1990 (12/1990), Part II • Firearms (Temporary Provisions) Act 1998 (32/1998), other than s.2 • Firearms (Firearms Certificates for Non-Residents) Act 2000 (20/2000), other than s.4 • Criminal Justice Act 2006 (26/2006), Part 5 and sch. 1 • Criminal Justice Act 2007 (29/2007), Part 6 • Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), Part 4 The European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), as amended, also deal with firearms. Explosives Acts 1875 and 2006: this Act is one of a group of Acts included in this collective citation to be construed together as one (Criminal Justice Act 2006 (26/2006), s. 1(5)). The Acts in the group are: • Explosives Act 1875 (38 & 39 Vic., c. 17) • Criminal Justice Act 2006 (26/2006), Part 6 and sch. 2 Misuse of Drugs Acts 1977 to 2016: this Act is one of a group of Acts included in this collective citation to be construed together as one (Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 8(2)). The Acts in the group are: • Misuse of Drugs Act 1977 (12/1977) • Misuse of Drugs Act 1984 (18/1984) • Criminal Justice Act 1999 (10/1999) • Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), Part 2 i • Criminal Justice Act 2006 (26/2006), Part 8 other than s. 86 • Criminal Justice Act 2007 (29/2007), Part 5 • Misuse of Drugs (Amendment) Act 2015 (6/2015) • Misuse of Drugs (Amendment) Act 2016 (9/2016) Children Acts 2001 to 2015: this Act is one of a group of Acts included in this collective citation (Children (Amendment) Act 2015 (30/2015), s. 1(2)). The Acts in this group are: • Children Act 2001 (24/2001) • Health Act 2004 (42/2004), s. 75, in so far as it amends the Children Act 2001 • Criminal Justice Act 2006 (26/2006), Part 12 • Child Care (Amendment) Act 2007 (26/2007), Part 3 (except s. 21) and s. 1(3) • Child Care (Amendment) Act 2011 (19/2011), ss. 27, 32, 33, 37 to 45 and 47 • Children (Amendment) Act 2015 (30/2015), Parts 1 and 2 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 1996, 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 (Suspended Sentences of Imprisonment) Act 2017 (4/2017) • Prisons Act 2015 (57/2015) • Children (Amendment) Act 2015 (30/2015) • Merchant Shipping (Registration of Ships) Act 2014 (43/2014) • Court of Appeal Act 2014 (18/2014) • Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014) • Fines (Payment and Recovery) Act 2014 (7/2014) • Taxi Regulation Act 2013 (37/2013) • Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012) • Criminal Justice (Community Service) (Amendment) Act 2011 (24/2011) • Criminal Justice Act 2011 (22/2011) • Child Care (Amendment) Act 2011 (19/2011) • Criminal Procedure Act 2010 (27/2010) • Fines Act 2010 (8/2010) • Criminal Justice (Amendment) Act 2009 (32/2009) • Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009) • Housing (Miscellaneous Provisions) Act 2009 (22/2009) • Criminal Justice Act 2007 (29/2007) • Child Care (Amendment) Act 2007 (26/2007) • Bail Act 1997 (16/1997) • Offences Against the State Act 1939 (13/1939) ii • Firearms Act 1925 (17/1925) All Acts up to and including Health (Amendment) Act 2017 (5/2017), enacted 31 March 2017, were considered in the preparation of this revision. Statutory instruments which affect or previously affected this revision • Housing (Tenant Purchase of Apartments) Regulations 2011 (S.I. No. 679 of 2011) • Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011) • European Communities (Acquisition and Possession of Weapons and Ammunition) (Amendment) Regulations 2010 (S.I. No. 493 of 2010) • Criminal Justice Act 2006 (Electronic Monitoring Devices) Regulations 2010 (S.I. No. 409 of 2010) • Criminal Justice Act 2006 (Commencement) Order 2010 (S.I. No. 336 of 2010) • Housing (Incremental Purchase) Regulations 2010 (S.I. No. 252 of 2010) • Criminal Justice Act 2006 (Commencement) Order 2009 (S.I. No. 309 of 2009) • Criminal Justice Act 2006 (Commencement) (No. 4) Order 2007 (S.I. No. 848 of 2007) • Criminal Justice Act 2006 (Commencement) (No. 3) Order 2007 (S.I. No. 600 of 2007) • Criminal Justice Act 2006 (Commencement) (No. 2) Order 2007 (S.I. No. 65 of 2007) • Criminal Justice Act 2006 (Commencement) Order 2007 (S.I. No. 25 of 2007) • Criminal Justice Act 2006 (Commencement) (No. 5) Order 2006 (S.I. No. 689 of 2006) • Criminal Justice Act 1984 (Treatment of persons in custody in Garda Síochána Stations) (Amendment) Regulations 2006 (S.I. No. 641 of 2006) • Criminal Justice Act 2006 (Commencement) (No. 4) Order 2006 (S.I. No. 622 of 2006) • Children Act 2001 (Amendments to Part 11) (Commencement) Order 2006 (S.I. No. 590 of 2006). • Criminal Justice Act 2006 (Commencement) (No. 3) Order 2006 (S.I. No. 586 of 2006) • Criminal Justice Act 2006 (Commencement) (No. 2) Order 2006 (S.I. No. 529 of 2006) • Criminal Justice Act 2006 (Commencement) Order 2006 (S.I. No. 390 of 2006) • European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993) • Criminal Justice Act 1984 (Treatment of persons in custody in Garda Síochána Stations) Regulations 1987 (S.I. No. 119 of 1987) All statutory instruments up to and including Prisons Act 2015 (Commencement) Order 2017 (S.I. No. 134 of 2017), made 5 April 2017, were considered in the preparation of this revision. iii iv Number 26 of 2006 CRIMINAL JUSTICE ACT 2006 REVISED Updated to 7 April 2017 ARRANGEMENT OF SECTIONS PART 1 PRELIMINARY AND GENERAL Section 1. Short title and commencement. 2. Interpretation. 3. Regulations. 4. Expenses. PART 2 INVESTIGATION OF OFFENCES 5. Designation of place as crime scene. 6. Search warrants in relation to arrestable offences. 7. Power to seize and retain evidence. 8. Arrestable offences. 9. Amendment of section 4 of Act of 1984. 10. Amendment of Criminal Justice (Drug Trafficking) Act 1996. 11. Amendment of section 42 of Criminal Justice Act 1999. 12. Power of Garda Síochána to photograph arrested persons. 13. Amendment of Act of 1984. 14. Amendment of Criminal Justice (Forensic Evidence) Act 1990. PART 3 1 [No. 26.] Criminal Justice Act 2006 [2006.] ADMISSIBILITY OF CERTAIN WITNESS STATEMENTS 15. Definitions (Part 3). 16. Admissibility of certain witness statements. 17. Witness statements made to members of Garda Síochána. 18. Other witness statements. 19. Regulations concerning certain witness statements which are recorded. 20. Amendment of section 4E of Act of 1967. PART 4 APPEALS IN CERTAIN CRIMINAL PROCEEDINGS 21. Reference of question of law to Supreme Court. 22. Decision of Court of Criminal Appeal final save on certificate of Court, Attorney General or Director of Public Prosecutions.
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