Remote Evidence
CRIMINAL PROCEDURE ACT 2010
REVISED
Updated to 1 November 2023
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
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.
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.
Expenses.
3.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Evidence through television link.
5.— The Act of 1993 is amended by the insertion of the following section after section 5:
“5A.— (1) (a) A child or a person with a mental disorder in respect of whom an offence to which section 5 applies was committed, may give evidence pursuant to section 5(3), whether from within or outside the State, through a live television link unless the court sees good reason to the contrary.
(b) Any other person in respect of whom an offence to which section 5 applies was committed may, with the leave of the court, give evidence pursuant to section 5(3), whether from within or outside the State, through a live television link.
(2) Evidence given under subsection (1) shall be videorecorded.
(3) While evidence is being given pursuant to subsection (1) (except through an intermediary pursuant to section 5B(1)), neither the judge, nor the barrister or solicitor concerned in the examination of the witness, shall wear a wig or gown.”.
Evidence through intermediary.
6.— The Act of 1993 is amended by the insertion of the following section after section 5A:
“5B.— (1) Where a child or a person with a mental disorder is giving, or is to give evidence through a live television link, pursuant to section 5A, the court may, on the application of the prosecution or the accused, if satisfied that, having regard to the age or mental condition of the witness, the interests of justice require that any questions to be put to the witness be put through an intermediary, direct that any such questions be so put.
(2) Questions put to a witness through an intermediary under this section shall be either in the words used by the questioner or so as to convey to the witness in a way which is appropriate to his or her age and mental condition, the meaning of the questions being asked.
(3) An intermediary referred to in subsection (1) shall be appointed by the court and shall be a person who, in its opinion, is competent to act as such.”