Contempt of Court
CRIMINAL JUSTICE ACT, 1999
AN ACT TO CREATE A NEW DRUG OFFENCE, TO AMEND THE LAW RELATING TO PROCEEDINGS IN CRIMINAL MATTERS, TO AMEND THE LAW RELATING TO ENFORCEMENT OF PENALTIES AGAINST DRUG TRAFFICKERS, TO ESTABLISH RULES RELATING TO THE SENTENCING OF PERSONS WHO HAVE ENTERED GUILTY PLEAS, TO PROVIDE FOR EVIDENCE BY CERTIFICATE IN RELATION TO EXHIBITS, TO AMEND THE LAW RELATING TO THE CERTIFICATION, FOR EXTRADITION PURPOSES, OF CERTAIN OFFENCES UNDER THE LAW OF NORTHERN IRELAND AND SCOTLAND AND THE LAW DEFINING THE JUDGES WHO HAVE JURISDICTION TO HEAR EXTRADITION MATTERS, TO ABOLISH THE “YEAR AND A DAY” RULE, TO AMEND SECTION 4 OF THE CRIMINAL JUSTICE ACT, 1984, TO AMEND THE OFFENCES AGAINST THE STATE (AMENDMENT) ACT, 1998, TO PROVIDE FOR THE GIVING OF EVIDENCE THROUGH A LIVE TELEVISION LINK BY WITNESSES IN FEAR OR SUBJECT TO INTIMIDATION, FOR THE PROTECTION OF THE WHEREABOUTS AND IDENTITY OF WITNESSES UNDER A GARDA SíOCHáNA WITNESS PROTECTION PROGRAMME, FOR THE OFFENCE OF INTIMIDATION OF WITNESSES, JURORS AND OTHER PERSONS AND FOR THE ARREST AND DETENTION OF PRISONERS IN CONNECTION WITH THE INVESTIGATION OF OFFENCES AND TO PROVIDE FOR OTHER RELATED MATTERS. [26th May, 1999]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I
Preliminary And General
Interpretation.
1.—(1) In this Act—
“the Act of 1962” means the Criminal Justice (Legal Aid) Act, 1962 ;
“the Act of 1967” means the Criminal Procedure Act, 1967 ;
“the Act of 1973” means the Criminal Procedure (Amendment) Act, 1973 ;
“the Act of 1977” means the Misuse of Drugs Act, 1977 ;
“the Act of 1981” means the Criminal Law (Rape) Act, 1981 ;
“the Act of 1984” means the Criminal Justice Act, 1984 ;
“the Act of 1990” means the Criminal Justice (Forensic Evidence) Act, 1990 ;
“the Act of 1992” means the Criminal Evidence Act, 1992 ;
“the Act of 1994” means the Criminal Justice Act, 1994 ;
“the Act of 1997” means the Criminal Justice (Miscellaneous Provisions) Act, 1997 ;
“the Minister” means the Minister for Justice, Equality and Law Reform.
(2) A reference in this Act to any other enactment is to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.
Witnesses in fear or subject to intimidation.
39.—(1) Subject to subsection (2), in any proceedings on indictment for an offence (including proceedings under Part IA of the Act of 1967) a person other than the accused may, with the leave of the court, give evidence through a live television link.
(2) A court shall not grant leave under subsection (1) unless it is satisfied that the person is likely to be in fear or subject to intimidation in giving evidence otherwise.
(3) Evidence given under subsection (1) shall be videorecorded.
(4) In any proceedings referred to in subsection (1) in any circuit or district court district where the court is satisfied that leave should be granted for evidence to be given through a live television link pursuant to subsection (1) but the necessary facilities for doing so are not available in that circuit or district, the court may by order transfer the proceedings to a circuit or district court district where such facilities are available and, where such an order is made, the jurisdiction of the court to which the proceedings have been transferred may be exercised—
(a) in the case of the Circuit Court, by the judge of the circuit concerned, and
(b) in the case of the District Court, by the judge of that court for the time being assigned to the district court district concerned.
(5) Where evidence is given by a person (“the witness”) through a live television link pursuant to subsection (1)—
(a) in case evidence is given that the accused was known to the witness before the date on which the offence in question is alleged to have been committed, the witness shall not be required to identify the accused, unless the court in the interests of justice directs otherwise, and
(b) in any other case, evidence by a person other than the witness that the witness identified the accused as being the offender at an identification parade or by other means shall be admissible as evidence that the accused was so identified.
(6) This section is without prejudice to any other enactment providing for the giving of evidence through a live television link.
Relocated Witnesses.
40.—(1) A person who without lawful authority makes enquiries or takes any other steps whatever, whether within or outside the State, for the purpose of discovering—
(a) the whereabouts of a person whom he or she knows, or reasonably suspects, to be a relocated witness, or
(b) any new name or other particulars related to any new identity provided for such a witness,
shall be guilty of an offence.
(2) A person who without lawful authority discloses, whether within or outside the State, to any other person any information (including information lawfully obtained pursuant to subsection (1)) concerning—
(a) the whereabouts of a person whom he or she knows, or reasonably suspects, to be a relocated witness, or
(b) any new name or other particulars related to any new identity provided for such a person,
shall be guilty of an offence.
(3) In this section “relocated witness” means any person who intends to give or has given evidence in proceedings for an offence and who as a consequence has moved residence, under any programme operated by the Garda Síochána for the protection of witnesses, to any place, whether within or outside the State.
(4) In this section “lawful authority” means the authority of—
(a) a court in any proceedings involving the relocated witness, or
(b) a member of the Garda Síochána not below the rank of chief superintendent.
(5) A court shall give authority pursuant to subsection (1) or (2) only if it is satisfied—
(a) that to do so would be in the interests of justice, and
(b) that another way of proceeding which would not prejudice the continued participation of the relocated witness in the programme aforesaid, including, without prejudice to the generality of the foregoing, the transmission of any documents required to be served on the witness to the Commissioner of the Garda Síochána for the purpose of effecting such service, is not available.
(6) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding £1,500 or imprisonment for a term not exceeding 12 months or both, and
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding five years or both.
Intimidation etc. of witnesses, jurors and others.
41.—(1) Without prejudice to any provision made by any other enactment or rule of law, a person—
(a) who harms or threatens, menaces or in any other way intimidates or puts in fear another person who is assisting in the investigation by the Garda Síochána of an offence or is a witness or potential witness or a juror or potential juror in proceedings for an offence, or a member of his or her family,
(b) with the intention thereby of causing the investigation or the course of justice to be obstructed, perverted or interfered with,
shall be guilty of an offence.
(2) In this section, “potential juror” means a person who, at the time an offence under this section is alleged to have been committed, has been summoned for jury service but has not been empanelled as a juror to serve on a particular jury.
(3) In proceedings for an offence under this section, proof to the satisfaction of the court or jury, as the case may be, that the accused did an act referred to in subsection (1)(a) shall be evidence that the act was done with the intention required by subsection (1)(b).
(4) In subsection (1) the reference to a member of a person’s family includes a reference to—
(a) the person’s spouse,
(b) a parent, grandparent, step-parent, child (including a step-child or an adopted child), grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece of the person or his or her spouse, or
(c) any person who is cohabiting or residing with him or her.
(5) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding £1,500 or imprisonment for a term not exceeding 12 months or both, and
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 10 years or both.
Arrest and detention of prisoners in connection with investigation of other offences.
42.—(1) In this section—
“offence” means an arrestable offence as defined in section 2 of the Criminal Law Act, 1997 ;
“prison” means a place of custody administered by the Minister for Justice, Equality and Law Reform;
“prisoner” means a person who is in prison on foot of a sentence of imprisonment, on committal awaiting trial, on remand or otherwise.
(2) A member of the Garda Síochána may arrest a prisoner on the authority of a judge of the District Court who is satisfied on information supplied on oath by a member of the Garda Síochána not below the rank of superintendent that the following conditions are fulfilled—
(a) there are reasonable grounds for suspecting that the prisoner has committed an offence other than an offence in respect of which he or she is imprisoned;
(b) the arrest of the prisoner is necessary for the proper investigation of the offence which he or she is suspected of having committed;
(c) where the prisoner has previously been arrested for the same offence, whether prior to his or her imprisonment or under this section, further relevant information has since come to the knowledge of the Garda Síochána.
(3) A person arrested under this section—
(a) shall be taken forthwith to a Garda Station and may, subject to subsection (5), be detained there for such period as is authorised under section 4 of the Act of 1984, and
(b) shall, subject to this section, be dealt with as though he or she had been detained under that section.
(4) Section 4(4), (5), (5A) and 10 of the Act of 1984 shall not apply to a person arrested and detained under this section.
(5) If at any time during the detention of a person under this section there are no longer reasonable grounds for—
(a) suspecting that the person has committed the offence in respect of which he or she was arrested under this section, or
(b) believing that his or her detention is necessary for the proper investigation of that offence,
the detention shall be terminated forthwith.
(6) On termination of the detention in accordance with subsection (5) or by reason of the expiry of the period referred to in subsection (3)(a) the member of the Garda Síochána in charge of the Garda Station where the person is detained shall transfer him or her, or cause him or her to be transferred, forthwith back into the custody of the governor of the prison where the person was imprisoned at the time of the arrest.
(7) This section shall not prejudice any power conferred by law apart from this section in relation to the arrest, detention or transfer of prisoners.