General Criteria

Table of Contents

CRIMINAL JUSTICE ADMINISTRATION ACT 1914

Committals to Borstal Institutions.

Power to send youthful delinquents to Borstal institutions.

Edw. 7. c. 59.

8 Edw. 7. c. 15.

7 Edw. 7. c. 23.

10.—(1) Where a person is summarily convicted of any offence for which the court has power to impose a sentence of imprisonment for one month or upwards without the option of a fine, and—

(a) it appears to the court that the offender is not less than sixteen nor more than twenty-one years of age; and

(b) it is proved that the offender has previously been convicted of any offence or, that having been previously discharged on probation, he failed to observe a condition of his recognizance; and

(c) it appears to the court that by reason of the offender’s criminal habits or tendencies, or association with persons of bad character, it is expedient that he should be subject to detention for such term and under such instruction and discipline as appears most conducive to his reformation and the repression of crime,

it shall be lawful for the court, in lieu of passing sentence, to commit the offender to prison until the next quarter sessions, and the court of quarter sessions shall inquire into the circumstances of the case, and, if it appears to the court that the offender is of such age as aforesaid and that for any such reason as aforesaid it is expedient that the offender should be subject to such detention as aforesaid, shall pass such sentence of detention in a Borstal institution as is authorised by Part I. of the Prevention of Crime Act, 1908, as amended by this Act; otherwise the court shall deal with the case in any way in which the court of summary jurisdiction might have dealt with it.

(2) A court of summary jurisdiction or court of quarter sessions, before dealing with any case under this section, shall consider any report or representations which may be made to it by or on behalf of the Prison Commissioners as to the suitability of the offender for such detention as aforesaid, and a court of summary jurisdiction shall, where necessary, adjourn the case for the purpose of giving an opportunity for such a report or representations being made.

(3) Where a person is committed to prison under this section his treatment in prison shall, so far as practicable, be similar to that in Borstal institutions, or he may, if the Secretary of State so directs, be transferred to a Borstal institution.

(4) The Costs in Criminal Cases Act, 1908, shall apply in the case of a person committed to prison by a court of summary jurisdiction under this section as if that person were committed for trial for an indictable offence.

(5) A person sentenced by a court of quarter sessions under this section to detention in a Borstal institution may appeal against the sentence to the Court of Criminal Appeal as if he had been convicted on indictment, and the provisions of the Criminal Appeal Act, 1907, shall apply accordingly.

(6) This section shall come into operation on the first day of September nineteen hundred and fifteen.

Amendment and application of Part I. of the Prevention of Crime Act, 1908.

11.—(1) The term for which a person or youthful offender may be sentenced to detention in a Borstal institution under section one or section two of the Prevention of Crime Act, 1908, shall not be less than two years, and accordingly “two years” shall be substituted for “one year” in subsection (1) of section one and in section two respectively of that Act.

(2) The period for which a person sentenced to detention in a Borstal institution is on the expiration of the term of his sentence to remain under the supervision of the Prison Commissioners shall be one year, and accordingly “one year” shall be substituted for “six months” in subsection (1) of section six of the same Act.

(3) The maximum period for which a person so under the supervision of the Prison Commissioners may on recall to a Borstal institution be detained in such an institution shall be one year, and he may be so detained notwithstanding that the period of supervision has expired, and accordingly “one year” shall be substituted for “three months” in subsection (2) of section six of that Act.

(4) The provisions of Part I. of the Prevention of Crime Act, 1908, as so amended, shall apply to persons sentenced to detention in a Borstal institution under this Act in like manner as they apply to persons sentenced under that Part of that Act.

New Powers of dealing with Offenders.

Power to order detention for one day in precincts of the court.

12. Where a court of summary jurisdiction has power to pass a sentence of imprisonment, the court, in lieu of passing a sentence of imprisonment, may order that the offender be detained within the precincts of the court, or at any police station, till such hour, not later than eight in the evening on the day on which he is convicted, as the court may direct:

Provided that a court of summary jurisdiction shall, before making an order of detention under this section, take into consideration the distance between the place of detention and the offender’s abode (if his abode is known to, or ascertainable by, the court), and shall not make any such order of detention under this section as will deprive the offender of a reasonable opportunity of returning to his abode on the day on which such order of detention is made.

Substitution of police custody for imprisonment in case of short sentences.

40 & 41 Vict. c. 21.

53 & 54 Vict. c. 45.

13.—(1) No person shall be sentenced to imprisonment by a court of summary jurisdiction for a period of less than five days.

(2) Where a person is liable to be sentenced to imprisonment by a court of summary jurisdiction, the court may, if any suitable places provided and certified in manner hereinafter appearing are available for the purpose, order the person to be detained therein for such period not exceeding four days as the court thinks fit, and the order shall be delivered with the offender to the person in charge of the place where the offender is to be detained, and shall be a sufficient authority for his detention in that place in accordance with the tenour thereof.

(3) The expenses of the maintenance of persons detained under this section shall be defrayed in like manner as the expenses of the maintenance of prisoners in prisons to which the Prison Act, 1877, applies.

(4) The Secretary of State may, on the application of any police authority, certify any police cells, bridewells, or other similar places provided by the authority to be suitable places for the detention of persons sentenced to detention under this section, and may make regulations for the inspection of places so provided, the treatment of persons detained therein, and generally for carrying this section into effect:

Provided that no place so certified shall be used for the detention of females unless provision is made for their supervision by female officers.

(5) For the purposes of this section the expression “police authority,” with respect to the City of London, means the Commissioner of City Police, and with respect to other places has the same meaning as in the Police Act, 1890.

Provisions as to malicious damage to property.

14.—(1) If any person wilfully or maliciously commits any damage to any real or personal property whatsoever, either of a public or private nature, and the amount of the damage does not, in the opinion of the court, exceed twenty pounds, he shall be liable on summary conviction—

(a) if the amount of the damage, in the opinion of the court, exceeds five pounds, to imprisonment for a term not exceeding three months or to a fine not exceeding twenty pounds; and

(b) if the amount of the damage is, in the opinion of the court, five pounds or less, to imprisonment for a term not exceeding two months or to a fine not exceeding five pounds;

and in either case to the payment of such further amount as appears to the court reasonable compensation for the damage so committed which last-mentioned amount shall be paid to the party aggrieved:

Provided that this provision shall not apply where the alleged offender acted under a fair and reasonable supposition that he had a right to do the act complained of.

24 & 25 Vict. c. 97.

(2) So much of section fifty-one of the Malicious Damage Act, 1861, as limits the cases which may be dealt with under that section to cases where the damage, injury or spoil exceeds five pounds, shall be repealed but a court of summary jurisdiction shall not commit any person for trial for an offence under that section unless it is of opinion that the damage, injury or spoil exceeds five pounds.

(3) Except so far as otherwise provided in the last foregoing subsection, nothing in this section shall be construed as preventing a court of summary jurisdiction from committing a person for trial for an offence notwithstanding that the offence is an offence which the court has power to deal with summarily under this section.

Extension of powers to deal with cases summarily.

62 & 63 Vict. c. 22.

15.—(1) “Twenty pounds” shall be substituted for “forty shillings” wherever those words occur in the second column of the First Schedule to the Summary Jurisdiction Act, 1879, or in the second column of the Schedule to the Summary Jurisdiction Act, 1899, in which columns are set forth the indictable offences for which an adult may, with his consent, be dealt with summarily.

In section twelve of the Summary Jurisdiction Act, 1879, after the words “not exceeding twenty pounds” there shall be inserted the following words “or, if the value of the property which was the subject of the offence, in the opinion of the court before which the charge is brought, exceeds forty shillings, to be imprisoned with or without hard labour for any term not exceeding six months or to pay a fine not exceeding fifty pounds.”

(2) Section fourteen of the same Act (which imposes certain restrictions on the power to deal summarily with adults charged with indictable offences) is hereby repealed.

(3) Where a child is charged before a court of summary jurisdiction with a felony, and the court, in pursuance of the power conferred by section ten of the same Act, as amended by any subsequent enactment, deals with the case summarily, the court may, notwithstanding anything in that section, inflict a fine not exceeding forty shillings as a punishment.

Imprisonment.

Hard labour and classification of prisoners.

61 & 62 Vict. 41.

16.—(1) Where imprisonment is imposed by any court in respect of the non-payment of any sum adjudged by that or any other court to be paid the imprisonment shall be without hard labour.

Where a person convicted by or before any court of an offence is sentenced to imprisonment without the option of a fine, the imprisonment may, in the discretion of the court, be either with or without hard labour, notwithstanding that the offence is an offence at common law or that the statute under which the sentence is passed does not authorise the imposition of hard labour or requires the imposition of hard labour.

(2) If no direction is given by a court in pursuance of the powers conferred by section six of the Prison Act, 1898, as to the division in which an offender is to be placed, the offender shall, subject to the provisions of that section, be treated as an offender of the third division unless the visiting committee consider the case suitable for treatment in the second division, and direct that the offender be so treated.

Subsection (2) of that section shall be amended by the insertion after the words “without hard labour” of the words “or committed to prison for non-payment of a fine.”

(3) A court or visiting committee shall not direct an offender to be treated as an offender of the second division if his character and antecedents are such that he is likely to exercise a bad influence on first offenders.

(4) The provisions of subsections (1) and (2) of section six of the Prison Act, 1898, as amended by this section, which relate to the classification of offenders sentenced to imprisonment for offences, shall apply to cases where the person is sentenced to imprisonment for failing to do or to abstain from doing any act or thing required to be done or left undone.

(5) Subsection (3) of the same section (which requires that certain prisoners shall be placed in a separate division and treated under special rules and shall not be placed in association with criminal prisoners nor be compelled to wear prison dress unless their own clothing is unfit for use), shall extend to persons committed to prison for contempt of court, and accordingly the words “or for contempt of court” shall be inserted in that subsection after the words “hard labour.”

Commitment and removal of prisoners.

17. There shall be substituted for sections twenty-four, twenty-five, twenty-six, and twenty-seven of the Prison Act, 1877, the following provisions:—

(1) The Secretary of State may from time to time by any general or special rule under the Prison Acts, 1865 to 1902, appropriate, either wholly or partially, particular prisons within his jurisdiction to particular classes of prisoners:

(2) A prisoner sentenced to imprisonment or committed to prison on remand, or pending trial, or otherwise, may be lawfully confined in any prison to which the Prison Acts, 1865 to 1902, apply:

(3) Prisoners shall be committed to such prisons as the Secretary of State may from time to time direct; and may on the like direction be removed therefrom during the term of their imprisonment to any other prison:

(4) Where a prisoner is discharged from a prison situate beyond the limits of the county, borough, or place in which he was arrested, the cost of his return to the place in which he was at the time of his arrest or to the place where he was convicted, whichever is the nearest, shall be paid out of moneys provided by Parliament on account of prisons:

(5) A prisoner shall not in any case be liable to pay the costs of his conveyance to prison:

(6) The Secretary of State, on being satisfied that a prisoner is suffering from disease and cannot be properly treated in the prison, or that he should undergo and desires to undergo a surgical operation which cannot properly be performed in the prison, may order that the prisoner be taken to a hospital or other suitable place for the purpose of treatment or the operation, and while absent from the prison in pursuance of such an order the prisoner shall be deemed to be in legal custody.

Consecutive sentences of imprisonment.

18. Where a sentence of imprisonment is passed on any person by a court of summary jurisdiction, the court may order that the sentence shall commence at the expiration of any other term of imprisonment to which that person has been previously sentenced, so however that where two or more sentences passed by a court of summary jurisdiction are ordered to run consecutively the aggregate term of imprisonment shall not exceed six months, unless such sentences included at least two sentences for indictable offences dealt with summarily by consent or on a plea of guilty, in which case the aggregate term of imprisonment shall not exceed twelve months.

CRIMINAL JUSTICE ACT 1984

Offences Committed while on Bail and other Offences

Offences committed while on bail: consecutive sentences.

11.—F43[(1) Any sentence of imprisonment passed on a person for an offence—

(a) committed while on bail, whether committed before or after the commencement of section 22 of the Criminal Justice Act 2007, or

(b) committed after such commencement while the person is unlawfully at large after the issue of a warrant for his or her arrest for non-compliance with a condition of the recognisance concerned,

shall be consecutive on any sentence passed on him or her for a previous offence or, if he or she is sentenced in respect of two or more previous offences, on the sentence last due to expire, so however that, where two or more consecutive sentences as required by this section are passed by the District Court, the aggregate term of imprisonment in respect of those consecutive sentences shall not exceed 2 years.]

(2) Subsection (1) shall not apply where any such sentence is one of imprisonment for life or is a sentence of detention under section 103 of the Children Act, 1908.

(3) Subsection (1) shall apply notwithstanding anything contained in section 5 of the Criminal Justice Act, 1951.

F44[(4) Where a court—

(a) is determining the sentence to be imposed on a person for an offence committed while he or she was on bail,

and

(b) is required by subsection (1) to impose two or more consecutive sentences,

then, the fact that the offence was committed while the person was on bail shall be treated for the purpose of determining the sentence as an aggravating factor and the court shall (except where the sentence for the previous offence is one of imprisonment for life or where the court considers that there are exceptional circumstances justifying its not doing so) impose a sentence that is greater than that which would have been imposed in the absence of such a factor.]

Annotations

Amendments:

F43
Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 22, S.I. No. 236 of 2007.

F44
Inserted (2.06.1998) by Bail Act 1997 (16/1997), s. 10, S.I. No. 140 of 1998.

Increase of aggregate term of imprisonment in certain cases.

12.—(1) Section 5 of the Criminal Justice Act, 1951 (which provides that, where two or more sentences passed by the District Court are ordered to run consecutively, the aggregate term of imprisonment shall not exceed twelve months) is hereby amended by the substitution, for “twelve months”, of “two years”. In that section “imprisonment” shall include detention in Saint Patrick’s Institution.

(2) Section 13(1) of the Criminal Law Act, 1976 (which provides for consecutive sentences in the case of an offence committed by a person while he is serving a sentence) is hereby amended by the substitution, for “twelve months”, of “two years”.

Failure to surrender to bail.

13.—(1) If a person who has been released on bail in criminal proceedings fails to appear before a court in accordance with his recognisance, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F45[€5,000] or to imprisonment for a term not exceeding twelve months or to both.

(2) It shall be a defence in any proceedings for an offence under subsection (1) for the accused to show that the he had a reasonable excuse for not so appearing.

(3) For the purpose of section 11 an offence under this section shall be treated as an offence committed while on bail.

(4) Where a person has failed to appear before a court in answer to his bail and the court has directed that a warrant be issued for the arrest of that person by reason of his failure to answer his bail, a member of the Garda Síochána may arrest such a person notwithstanding that he does not have the warrant in his possession at the time of the arrest.

(5) Where a person is arrested pursuant to subsection (4) the member arresting him shall as soon as practicable produce and serve on the said person the said warrant.

F46[(6) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this section may be instituted within 12 months from the date on which the offence was committed.]

Annotations

Amendments:

F45
Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 23(a), S.I. No. 236 of 2007. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(2) and table ref. no. 1, S.I. No. 662 of 2010.

F46
Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 23(b), S.I. No. 236 of 2007.

Increase of penalties for certain firearms offences.

14.—(1) Section 15 of the Firearms Act, 1925, as amended by section 21 (4) of the Criminal Law (Jurisdiction) Act, 1976 (possessing firearm or ammunition with intent to endanger life or cause serious injury to property) is hereby amended by the substitution, for “imprisonment for a term not exceeding fourteen years”, of “imprisonment for life”.

(2) Section 26 (1) of the Firearms Act, 1964, as amended by section 21 (6) (b) of the Criminal Law (Jurisdiction) Act, 1976 (possession of firearm while taking vehicle without authority) is hereby amended by the substitution, for “seven years”, of “fourteen years”.

(3) Section 27 (2) of the Firearms Act, 1964, as amended by section 21 (6) (c) of the Criminal Law (Jurisdiction) Act, 1976 (use of firearm to resist arrest or aid escape) is hereby amended by the substitution, for “imprisonment for a term not exceeding fourteen years”, of “imprisonment for life”.

(4) Section 27A (1) of the Firearms Act, 1964, inserted by section 8 of the Criminal Law (Jurisdiction) Act, 1976 (possession of firearm or ammunition in suspicious circumstances) is hereby amended by the substitution, for “five years”, of “ten years”.

(5) Section 27B (1) of the Firearms Act, 1964, inserted by section 9 of the Criminal Law (Jurisdiction) Act, 1976 (carrying firearm with criminal intent) is hereby amended by the substitution, for “ten years”, of “fourteen years”.

Withholding information regarding firearms or ammunition.

15.—(1) Where a member of the Garda Síochána—

(a) finds a person in possession of any firearm or ammunition,

(b) has reasonable grounds for believing that the person is in possession of the firearm or ammunition in contravention of the criminal law, and

he may require that person to give him any information which is in his possession, or which he can obtain by taking reasonable steps, as to how he came by the firearm or ammunition and as to any previous dealings with it, whether by himself or by any other person.

(2) If that person fails or refuses, without reasonable excuse, to give the information or gives information that he knows to be false or misleading, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F47[€5,000] or to imprisonment for a term not exceeding twelve months or to both.

(3) Subsection (2) shall not have effect unless the accused when required to give the information was told in ordinary language by the member of the Garda Síochána what the effect of his failure or refusal might be.

(4) Any information given by a person in compliance with a requirement under subsection (1) shall not be admissible in evidence against that person or his spouse in any proceedings, civil or criminal, other than proceedings for an offence under subsection (2).

Annotations

Amendments:

F47
Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 48(c), S.I. No. 236 of 2007. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(2) and table ref. no. 1, S.I. No. 662 of 2010.

Editorial Notes:

E30
Previous affecting provision: subs. (2) amended (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 62, S.I. No. 390 of 2006; superseded as per F-note above.

Withholding information regarding stolen property, etc.

16.— F48[…]

Annotations

Amendments:

F48
Repealed (1.08.2002) by Criminal Justice (Theft and Fraud Offences) Act 2001 (50/2001), s. 3 and sch. 1, S.I. No. 252 of 2002, subject to transitional provisions in s. 65.

Maximum fine on summary conviction of certain indictable offences.

17.—Section 4 (1) of the Criminal Justice Act, 1951, and section 13 (3) (a) of the Criminal Procedure Act, 1967 (each of which provides for a maximum fine of £100 on summary conviction of certain indictable offences) are hereby amended by the substitution, in each of those provisions, of “£1,000” for “£100”.

Inferences from Accused’s Failure to Account for Certain Matters

CRIMINAL JUSTICE ACT 1993

REVISED

Updated to 1 August 2023

AN ACT TO ENABLE THE COURT OF CRIMINAL APPEAL TO REVIEW UNDULY LENIENT SENTENCES, TO MAKE OTHER PROVISION IN RELATION TO SENTENCING, TO PROVIDE FOR THE PAYMENT BY OFFENDERS OF COMPENSATION FOR INJURY OR LOSS RESULTING FROM THEIR OFFENCES, TO AMEND THE CRIMINAL PROCEDURE ACT, 1967, AND THE PUNISHMENT OF INCEST ACT, 1908, AND TO PROVIDE FOR CONNECTED MATTERS. [3rd April, 1993]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1. — (1) In this Act, unless the context otherwise requires—

“ compensation order ” and “ injured party ” have the meanings assigned to them by section 6 ;

“ imprisonment ” includes detention in Saint Patrick’s Institution;

“ sentence ” includes a sentence of imprisonment and any other order made by a court in dealing with a convicted person other than—

(a) an order under section 17 of the Lunacy (Ireland) Act, 1821, or section 2 (2) of the Trial of Lunatics Act, 1883, or

(b) an order postponing sentence for the purpose of obtaining a medical or psychiatric report or a report by a probation officer;

“ sentencing court ” means the court referred to in section 2 (1).

(2) References in sections 2 (1) and 4 (1) to conviction of a person on indictment include references to conviction of a person after signing a plea of guilty and being sent forward for sentence under section 13 (2) (b) of the Criminal Procedure Act, 1967.

(3) This Act shall not apply to sentences imposed on persons convicted before its commencement.

(4) In this Act—

(a) a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended, and

(b) a reference to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

Review of certain sentences.

2. — (1) If it appears to the Director of Public Prosecutions that a sentence imposed by a court (in this Act referred to as the “ sentencing court ”) on conviction of a person on indictment was unduly lenient, he may apply to the Court of Criminal Appeal to review the sentence.

(2) An application under this section shall be made, on notice given to the convicted person, within 28 days F1[, or such longer period not exceeding 56 days as the Court may, on application to it in that behalf, determine,] from the day on which the sentence was imposed.

(3) On such an application, the Court may either—

(a) quash the sentence and in place of it impose on the convicted person such sentence as it considers appropriate, being a sentence which could have been imposed on him by the sentencing court concerned, or

(b) refuse the application.

(4) Section 6 of the Prosecution of Offences Act, 1974 (which prohibits certain communications in relation to criminal proceedings), shall apply, with any necessary modifications, to communications made to the persons mentioned in that section for the purpose of influencing the making of a decision in relation to an application under this section as it applies to such communications made for the purpose of making a decision to withdraw or not to initiate criminal proceedings or any particular charge in criminal proceedings.

F2[(5) Where the convicted person in relation to whom an application under this section is made is a person who was under the age of 18 years when the sentence was imposed on him by the sentencing court concerned and he has attained the age of 18 years on or before the date on which the application is determined by the Court, the reference in subsection (3)(a) to a sentence which could have been imposed on him by the sentencing court concerned shall be construed as a reference to a sentence which could have been imposed on him by the sentencing court concerned had he attained that age at the time when the sentence was so imposed.

(6) Where subsection (5) applies and the application under this section is in respect of a sentence imposed on a person convicted of treason or murder before the person has attained the age of 18 years, the Court may, notwithstanding section 2 of the Criminal Justice Act 1990, impose such sentence as it considers appropriate.]

Annotations:

Amendments:

F1
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 23, S.I. No. 390 of 2006.

F2
Inserted (1.08.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 61(1), S.I. No. 391 of 2023, art. 3(c), subject to transitional provision in subs. (2).

Minor and consequential provisions.

3.—F3[…]

Annotations:

Amendments:

F3
Repealed (28.10.2014) by Court of Appeal Act 2014 (18/2014), s. 73 and sch. 1 item 7, S.I. No. 479 of 2014.

Minor and consequential provisions.

4. — (1) The registrar of a court which has imposed a sentence on conviction of a person on indictment shall—

(a) give to the Director of Public Prosecutions, on request, a copy of any reports or other relevant documents that were considered by the court before it imposed the sentence, and

(b) if the sentence has become the subject of an application under section 2 , give a copy of those documents to the Court of Criminal Appeal and the convicted person.

F4[(2) Where an application has been made to the Court of Appeal under section 2—

(a) a legal aid (appeal) certificate shall be deemed for the purposes of the Criminal Justice (Legal Aid) Act 1962 to have been granted in respect of the person whose sentence is the subject of the application, and

(b) the person shall be entitled to free legal aid in the preparation and conduct of his or her case before the Court of Appeal and to have a solicitor and counsel assigned to him or her for that purpose in the manner prescribed by regulations under section 10 of that Act.]

Annotations:

Amendments:

F4
Substituted (28.10.2014) by Court of Appeal Act 2014 (18/2014), s. 51, S.I. No. 479 of 2014.

F5[

Effect of certain offences on persons in respect of whom committed.

5.—F6[(1) This section applies to an offence where a natural person in respect of whom the offence has been committed, has suffered harm, including physical, mental or emotional harm, or economic loss, which was directly caused by that offence.]

(2) (a) When imposing sentence on a person for an offence to which this section applies, a court shall take into account, and may, where necessary, receive evidence or submissions concerning, any effect (whether long-term or otherwise) of the offence on the person in respect of whom the offence was committed.

(b) For the purposes of paragraph (a), a “person in respect of whom the offence was committed” includes, where, as a result of the offence, that person has died, is ill or is otherwise incapacitated, a family member of that person.

(3) (a) When imposing sentence on a person for an offence to which this section applies, a court shall, upon application by the person in respect of whom such offence was committed, hear the evidence of the person in respect of whom the offence was committed as to the effect of the offence on such person.

(b) For the purpose of paragraph (a), where the person in respect of whom the offence was committed—

(i) is a child under the age of 14 years, the child, or his or her parent or guardian, may give evidence as to the effect of the offence concerned on that child,

(ii) is—

(I) a person with a mental disorder (not resulting from the offence concerned), the person or a family member,

(II) a person with a mental disorder (not resulting from the offence concerned), who is a child, the person or his or her parent or guardian,

may give evidence as to the effect of the offence concerned on that person,

(iii) is a person who is ill or is otherwise incapacitated as a result of the offence, a family member of the person may give evidence as to the effect of the offence concerned on that person and on his or her family members,

(iv) has died as a result of the offence, a family member of the person may give evidence as to the effect of the offence concerned—

(I) on the person between the commission of the offence and his or her death (where relevant), and

(II) on the family members of the person who has died.

(c) A person who has been convicted of an offence to which this section applies may not give evidence pursuant to paragraph (b) in respect of that offence.

(d) Where more than one family member seeks to avail of paragraph (b), the court may direct the family members to nominate one or more family members for the purpose of that paragraph.

(e) Where the court directs the family members to nominate one or more family members pursuant to paragraph (d) and the family members are unable to reach agreement, the court may, having regard to the degree of relationship between the family members and the person in respect of whom the offence was committed, nominate one or more family members as it considers appropriate.

(4) Where no evidence is given pursuant to subsection (3), the court shall not draw an inference that the offence had little or no effect (whether long-term or otherwise) on the person in respect of whom the offence was committed or, where appropriate, on his or her family members.

(5) (a) The court may, in the interests of justice, order that information relating to the evidence given under subsection (3) or a part of it shall not be published or broadcast.

(b) If any matter is published or broadcast in contravention of paragraph (a), the following persons, namely—

(i) in the case of a publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

(ii) in the case of any other publication, the person who publishes it, and

(iii) in the case of a broadcast, any person who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of the editor of a newspaper,

shall be guilty of an offence.

(i) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 12 months or to both, or

(ii) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years or to both.

(d) Where an offence under paragraph (b) is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate or any other person who was acting or purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(e) Where the affairs of a body corporate are managed by its members, paragraph (d) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

(6) In this section and in sections 5A and 5B, unless the context otherwise requires—

F7[“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;]

“broadcast” has the meaning it has in section 2 of the Broadcasting Act 2009;

“child” means a person under the age of 18;

F7[“civil partner” means a person in a civil partnership or legal relationship to which section 3 of the Act of 2010 applies;

“cohabitant” means a cohabitant within the meaning of section 172(1) of the Act of 2010;]

F8[“family member”, in relation to a person in respect of whom an offence is committed, means—

(a) a spouse, civil partner or cohabitant of the person,

(b) a child or step-child of the person,

(d) a brother, sister, half brother or half sister of the person,

(e) a grandchild of the person,

(f) an aunt, uncle, nephew or niece of the person, and

(g)any other person—

(i) who is or, where the person is deceased, was dependent on the person, or

(ii) who a court considers has or, where the person is deceased, had a sufficiently close connection with that person as to warrant his or her being treated as a family member;]

“guardian”, in relation to a child, has the meaning it has in the Children Act 2001;

“mental disorder” includes a mental illness, mental disability, dementia or any disease of the mind;

“publish” means publish, other than by way of broadcast, to the public or a portion of the public.]

Annotations:

Amendments:

F5
Substituted (1.09.2010) by Criminal Procedure Act 2010 (27/2010), s. 4, S.I. No. 414 of 2010.

F6
Substituted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017 (28/2017), s. 31(a), S.I. No. 530 of 2017.

F7
Inserted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017 (28/2017), s. 31(b)(ii), S.I. No. 530 of 2017.

F8
Substituted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017 (28/2017), s. 31(b)(i), S.I. No. 530 of 2017.

Editorial Notes:

E1
Previous affecting provision: subs. (1) amended by (20.09.2012) by Criminal Justice (Female Genital Mutilation) Act 2012 (11/2012), s. 13, S.I. No. 353 of 2012.

F9[

Evidence through television link.

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 video recorded.

(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.]

Annotations:

Amendments:

F9
Inserted (1.09.2010) by Criminal Procedure Act 2010 (27/2010), s. 5, S.I. No. 414 of 2010.

Editorial Notes:

E2
The section heading is taken from the amending section in the absence of one included in the amendment.

F10[

Evidence through intermediary.

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.]

Annotations:

Amendments:

F10
Inserted (1.09.2010) by Criminal Procedure Act 2010 (27/2010), s. 6, S.I. No. 414 of 2010.

Editorial Notes:

E3
The section heading is taken from the amending section in the absence of one included in the amendment.

Compensation order.

6. — (1) Subject to the provisions of this section, on conviction of any person of an offence, the court, instead of or in addition to dealing with him in any other way, may, unless it sees reason to the contrary, make (on application or otherwise) an order (in this Act referred to as a “ compensation order ”) requiring him to pay compensation in respect of any personal injury or loss resulting from that offence (or any other offence that is taken into consideration by the court in determining sentence) to any person (in this Act referred to as the “ injured party ”) who has suffered such injury or loss.

(2) The compensation payable under a compensation order (including a compensation order made against a parent or guardian of the convicted person and notwithstanding, in such a case, any other statutory limitation as to amount) shall be of such amount (not exceeding, in the case of such an order made by the District Court, such amount as may stand prescribed for the time being by law as the limit of that Court’s jurisdiction in tort) as the court considers appropriate, having regard to any evidence and to any representations that are made by or on behalf of the convicted person, the injured party or the prosecutor, and shall not exceed the amount of the damages that, in the opinion of the court, the injured party would be entitled to recover in a civil action against the convicted person in respect of the injury or loss concerned.

(3) Where the commission of the offence by the convicted person involved the taking of property out of the possession of the injured party and the property has been recovered, any loss occurring to the injured party by reason of the property being damaged while out of his possession shall be treated for the purposes of subsection (1) as having resulted from the offence, irrespective of how the damage was caused or who caused it.

(4) A compensation order shall not be made in respect of an injury or loss that results from the use of a mechanically propelled vehicle (within the meaning of the Road Traffic Act, 1961) in a public place unless it appears to the court that—

(a) it is in respect of an injury or loss as respects which the use of the vehicle by the convicted person was in breach of section 56 (which provides for the compulsory insurance of mechanically propelled vehicles) of that Act, or

(b) it is in respect of a loss which is treated by subsection (3) as having resulted from the offence,

and, where a compensation order is made in respect of injury or loss resulting from such use, the amount of the compensation may include an amount representing the whole or part of any loss of or reduction in preferential rates of insurance resulting from such use.

(5) In determining whether to make a compensation order against a person, and in determining the amount of the compensation, the court shall have regard—

(a) to his means, or

(b) in a case to which section 99 of the Children Act, 1908 (which empowers a court to require a parent or guardian to pay any fine, damages or costs imposed on or awarded against a child or young person), applies, to the means of the parent or guardian,

so far as they appear or are known to the court and for that purpose the court may require the convicted person or his parent or guardian, as the case may be, to give evidence as to his means and financial commitments.

(6) A compensation order may provide for payment of the compensation by such instalments and at such times as the court shall in all the circumstances consider reasonable.

(7) Where the court considers—

(a) that it would be appropriate both to impose a fine and to make a compensation order, but

(b) that the convicted person has insufficient means to pay both an appropriate fine and appropriate compensation, the court may, if it is satisfied that the means are sufficient to justify its doing so, make a compensation order and, if it is satisfied that it is appropriate to do so having regard to the means that would remain after compliance with the order, impose a fine.

(8) At any time after a compensation order has ceased to be suspended by virtue of section 8 and before it has been complied with or fully complied with, the District Court (or, where the amount payable under the order exceeds such amount as may stand prescribed for the time being by law as the limit of that Court’s jurisdiction in tort, the court which made the order) may—

(a) on the application of the convicted person concerned and on being satisfied that the injured party concerned has been given an opportunity of making representations to the Court on the issue and having regard to any such representations that are made by him or on his behalf, reduce the amount remaining to be paid, vary any instalment payable, or direct that no payments or further payments be made, under the order if it appears to the Court that, because of a substantial reduction in the means of the convicted person, his means are insufficient to satisfy the order in full, or

(b) on the application of the injured party concerned and on being satisfied that the convicted person concerned has been given an opportunity of making representations to the Court on the issue and having regard to any such representations that are made by him or on his behalf, increase the amount to be paid, the amount of any instalment or the number of instalments payable, under the order if it appears to the Court that—

(i) because of a substantial increase in the means of the convicted person, his means are sufficient for the relevant purposes aforesaid, and

(ii) any increased amount to be paid under the order would not exceed—

(I) the amount of the damages that the injured party concerned would be entitled to recover in a civil action against the convicted person in respect of the injury or loss concerned, or

(II) such amount as may stand prescribed for the time being by law as the limit of the Court’s jurisdiction in tort,

whichever is the lesser.

(9) The references to damages in the aforesaid section 99 shall be construed as if they included references to compensation under a compensation order and subsections (5) and (6) of that section shall not apply in relation to a compensation order.

(10) This section is without prejudice to any other enactment which provides for the payment of compensation by a person convicted of an offence or otherwise proved to have committed an offence.

(11) The making of a compensation order against a parent or guardian of a convicted person shall not of itself give rise to any other liability on the part of the parent or guardian in respect of the injury or loss.

(12) In this section—

(a) in a case where death has resulted from an offence specified in subsection (1) —

“ loss ” means any matter (including mental distress resulting from the death and funeral expenses) for which damages could be awarded in respect of the death by virtue of Part V of the Civil Liability Act, 1961,

“ injured party ” includes a dependant (within the meaning of the said Part V) of the deceased person concerned,

(b) references to conviction of a person include references to dealing with a person under section 1 (1) of the Probation of Offenders Act, 1907, and

(c) the third reference in subsection (1), the second reference in subsection (2) and the references in subsections (7) (b) and (8) (other than paragraph (b) (ii)) to a convicted person, however expressed, include, in a case to which the aforesaid section 99 applies, references to his parent or guardian.

(13) In assessing for the purposes of this section the means of a person, the court shall take into account his financial commitments.

Annotations:

Modifications (not altering text):

C1
Application of section restricted (1.05.2002) by Children Act 2001 (24/2001), s. 113(7), S.I. No. 151 of 2002.

Compensation by parent or guardian.

113. …

(7) Notwithstanding anything in section 6 of the Criminal Justice Act, 1993, any sum ordered by a court to be paid under this section in respect of loss of or damage to property shall not be greater than the cost of its replacement or repair, as the case may be, and shall not include any loss or damage of a consequential nature.

Payment of compensation to District Court clerks for transmission, and attachment of earnings orders.

7. — (1) Subject to subsection (2), payments under a compensation order or an order under section 6 (8) shall be made, for transmission to the injured party concerned, to such District Court clerk as may be determined from time to time by the court which made the order.

(2) For the purposes of subsection (1) and of securing compliance with compensation orders and orders under section 6 (8) —

(a) subsections (2), (4), (5) and (6) of section 9 (which relates to the transmission of maintenance order payments through District Court clerks),

(b) Part III (which relates to attachment of earnings), and

of the Family Law (Maintenance of Spouses and Children) Act, 1976, shall apply to those orders with the following modifications and any other necessary modifications, that is to say:

(i) in the said subsections (2) and (4)—

(I) the references to payments shall be construed as including payments under a compensation order or an order under section 6 (8) to a District Court clerk pursuant to subsection (1), and

(II) the references to the maintenance creditor shall be construed as references to the injured party,

(ii) in the said Part III—

(I) in section 10—

(A) subparagraphs (i) and (ii) of subsection (1) (a) shall not apply,

(B) the reference to the District Court in subsection (1) (a) (iii) (I) shall be construed as a reference to a court, and

(C) in subsection (2), paragraph (a) shall be deleted and the following paragraph shall be substituted for paragraph (b):

“(b) in any other case, to the District Court clerk specified by the attachment of earnings order for transmission to the injured party concerned”,

(II) the references to an antecedent order shall be construed as references to a compensation order and an order under section 6 (8),

(III) the references to the maintenance creditor shall be construed as references to the injured party, and

(IV) the references to the maintenance debtor shall be construed as references to the convicted person or, in a case to which section 99 of the Children Act, 1908, applies, to his parent or guardian,

and

(iii) in the said section 29 the reference to a maintenance order shall be construed as including a reference to a compensation order and an order under section 6 (8).

Suspension of compensation order pending appeal.

8. — (1) The operation of a compensation order shall be suspended—

(a) in any case, until the ordinary time for giving notice of an appeal or of an application for leave to appeal (whether against the conviction to which the order relates or the sentence) has expired, and

(b) in a case where the notice aforesaid is given within that time or such extended time as the court to which the appeal is brought may allow, until the appeal or any further appeal therefrom is finally determined or abandoned or the ordinary time for instituting any further appeal has expired.

(2) Where the operation of a compensation order is suspended under subsection (1) (b), the order shall not take effect if the conviction concerned is reversed on appeal.

(3) A court hearing an appeal against conviction or sentence may annul or vary the compensation order concerned.

(4) A person against whom a compensation order is made may appeal against the order to the court to which an appeal against the conviction concerned may be brought and subsections (1) (b) and (3) shall apply in relation to an appeal under this subsection as they apply, or would apply, to an appeal against the conviction.

(5) Where a compensation order has been made against a person in respect of an offence taken into consideration in determining his sentence, the order shall cease to have effect if he successfully appeals against his conviction of the offence, or, if more than one, all the offences, of which he was convicted in the proceedings in which the order was made.

(6) In this section references to conviction of a person include references to dealing with a person under section 1 (1) of the Probation of Offenders Act, 1907.

Effect of compensation order on civil proceedings.

9. — Where—

(a) a compensation order has been made in favour of a person, and

(b) damages in respect of the injury or loss concerned fall to be assessed in civil proceedings,

then—

(i) if the damages, as so assessed, exceed any amount paid under the compensation order, the damages awarded shall not exceed the amount of that excess, and

(ii) if any amount paid under the compensation order exceeds the damages, as so assessed, the court may order that the amount of the excess be repaid by that person to the person against whom the compensation order was made,

and, upon the award of damages or, as the case may be, the making of the order by the court, the compensation order shall cease to have effect.

Service of documents.

10. — (1) A document required by section 2 or 4 of this Act to be given to a convicted person may, subject to subsection (3), be so given—

(a) by delivering it to him or to his solicitor,

(b) by addressing it to him and leaving it at his usual or last known residence or place of business or by addressing it to his solicitor and leaving it at the solicitor’s office,

(c) by sending it by registered post to him at his usual or last known residence or place of business or to his solicitor at the solicitor’s office, or

(d) in the case of a body corporate, by delivering it, or sending it by registered post, to the secretary or other officer of the body at its registered or principal office.

(2) For the purposes of subsection (1) the solicitor retained to appear on behalf of the convicted person at his trial shall be deemed to continue to be retained on his behalf unless he is discharged by the Court of Criminal Appeal.

(3) A document required by section 2 or 4 of this Act to be given to a convicted person shall be given personally to him if he was not represented by a solicitor at his trial or if his solicitor has been so discharged.

Amendment of Criminal Procedure Act, 1967.

11.—F11[…]

Annotations:

Amendments:

F11
Repealed (1.10.2001) by Criminal Justice Act 1999 (10/1999), s. 22(c), S.I. No. 193 of 2001.

Amendment of Punishment of Incest Act, 1908.

12. — Section 1 (incest by males) of the Punishment of Incest Act, 1908, is hereby amended by the substitution for “liable, at the discretion of the court, to be kept in penal servitude for any term not less than three years, and not exceeding seven years, or to be imprisoned for any time not exceeding two years with or without hard labour” of “ liable to imprisonment for a term not exceeding 20 years ”.

Repeals.

13. — Sections 9, 10 and 11 of the Criminal Damage Act, 1991, are hereby repealed.

Short title and commencement.

14. — (1) This Act may be cited as the Criminal Justice Act, 1993.

(2) This Act shall come into operation one month after the date of its passing.

CRIMINAL JUSTICE ACT 2006

PART 10

Sentencing

Definitions (Part 10).

98.— In this Part, unless the context otherwise requires—

“authorised person” means a person who is appointed in writing by the Minister, or a person who is one of a class of persons which is prescribed, to be an authorised person for the purposes of this Part;

“a direction” means a direction given by the Minister under section 2 of the Criminal Justice Act 1960 authorising the release of a person from prison (within the meaning of that section) for a temporary period;

“governor” includes, in relation to a prisoner, a person for the time being performing the functions of governor;

F30[‘imprisonment’ includes detention in a place provided under section 2 of the Prisons Act 1970 and ‘sentence of imprisonment’ shall be construed accordingly;]

“mandatory term of imprisonment” includes, in relation to an offence, a term of imprisonment imposed by a court under an enactment that provides that a person who is guilty of the offence concerned shall be liable to a term of imprisonment of not less than such term as is specified in the enactment;

“offender” means a person in respect of whom a restriction on movement order is, or may be, made under section 101;

“probation and welfare officer” means a person appointed by the Minister to be—

(a) a probation officer,

(b) a welfare officer, or

“probation and welfare service” means those officers of the Minister assigned to perform functions in the part of the Department of State for which the Minister is responsible commonly known by that name;

“restriction on movement order” means an order made by a court under section 101.

Annotations

Amendments:

F30
Substituted (7.04.2017) by Prisons Act 2015 (57/2015), s. 17, S.I. No. 134 of 2017.

Power to suspend sentence.

99.— (1) Where a person is sentenced to a term of imprisonment (other than a mandatory term of imprisonment) by a court in respect of an offence, that court may make an order suspending the execution of the sentence in whole or in part, subject to the person entering into a recognisance to comply with the conditions of, or imposed in relation to, the order.

(2) It shall be a condition of an order under subsection (1) that the person in respect of whom the order is made keep the peace and be of good behaviour during—

(a) the period of suspension of the sentence concerned, or

(b) in the case of an order that suspends the sentence in part only, the period of imprisonment and the period of suspension of the sentence concerned,

and that condition shall be specified in the order concerned.

(3) The court may, when making an order under subsection (1), impose such conditions in relation to the order as the court considers—

(a) appropriate having regard to the nature of the offence, and

(b) will reduce the likelihood of the person in respect of whom the order is made committing any other offence,

and any condition imposed in accordance with this subsection shall be specified in that order.

(4) In addition to any condition imposed under subsection (3), the court may, when making an order under subsection (1) consisting of the suspension in part of a sentence of imprisonment or upon an application under subsection (6), impose any one or more of the following conditions in relation to that order or the order referred to in the said subsection (6), as the case may be:

(a) that the person co-operate with the probation and welfare service to the extent specified by the court for the purpose of his or her rehabilitation and the protection of the public;

(b) that the person undergo such—

(i) treatment for drug, alcohol or other substance addiction,

(ii) course of education, training or therapy,

(iii) psychological counselling or other treatment,

as may be approved by the court;

(5) A condition (other than a condition imposed, upon an application under subsection (6), after the making of the order concerned) imposed under subsection (4) shall be specified in the order concerned.

(6) A probation and welfare officer may, at any time before the expiration of a sentence of a court to which an order under subsection (1) consisting of the suspension of a sentence in part applies, apply to the court for the imposition of any of the conditions referred to in subsection (4) in relation to the order.

(7) Where a court makes an order under this section, it shall cause a copy of the order to be given F31[, by electronic or other means,] to—

(a) the Garda Síochána, or

(b) in the case of an order consisting of the suspension of a sentence in part only, the governor of the prison to which the person is committed and the Garda Síochána.

(8) Where a court has made an order under subsection (1) and imposes conditions under subsection (4) upon an application under subsection (6), it shall cause a copy of the order and conditions to be given F32[, by electronic or other means,] to—

(a) the probation and welfare service, and

(b) (i) the Garda Síochána, or

(ii) in the case of an order consisting of the suspension of a sentence in part only, the governor of the prison to which the person is committed and the Garda Síochána.

F33[(8A) (a) Where a person to whom an order under subsection (1) applies—

(i) commits an offence after the making of that order and during the period of suspension of the sentence concerned (in this section referred to as the “triggering offence”), and

(ii) subject to subsection (8B), is convicted of the triggering offence,

the court before which proceedings for the triggering offence are brought shall, after imposing sentence for that offence, remand the person in custody or on bail to a sitting of the court that made the said order to be held—

(I) no later than 15 days after such remand, or

(II) if there is no sitting of that court within that period, to the next sitting of that court thereafter,

and, if there is no sitting of that court on the day to which that person has been remanded, he or she shall stand so remanded to the sitting of that court next held after that day.

(b) The remand of a person in custody or on bail under paragraph (a) to a sitting of the court that made the order under subsection (1) concerned applying to the person may be to a sitting of that court other than a sitting thereof referred to in paragraph (c).

(c) Subject to paragraph (b), references in paragraph (a) to a sitting of a court shall be construed as references to a sitting of the court at a place and time appointed or fixed for sittings of that court by or under statute.

(8B) Subsection (8A) applies to a conviction of a person for an offence if proceedings for the offence are instituted against the person during the period of suspension of the sentence concerned pursuant to the order under subsection (1) applying to the person and 12 months thereafter.

(8C) Subject to subsection (8D), a court to which a person has been remanded under subsection (8A) shall revoke the order under subsection (1) concerned unless it considers that the revocation of that order would be unjust in all the circumstances of the case, and where the court revokes that order, the person shall be required to serve the entire of the sentence of imprisonment originally imposed by the court, or such part of the sentence as the court considers just having regard to all of the circumstances of the case, less any period of that sentence already served in prison and any period spent in custody (other than a period spent in custody by the person in respect of the triggering offence) pending the revocation of the said order.

(8D) Where a person appeals against conviction or sentence for the triggering offence, a court referred to in subsection (8C) may, upon application in that behalf by the person, adjourn the proceedings under that subsection for such period as the court considers appropriate to enable that person to bring the appeal and for it to be determined.

(8E) If an appeal brought by the person concerned against conviction or sentence for the triggering offence is withdrawn or abandoned, the court referred to in subsection (8C) shall, in accordance with that subsection, consider the revocation of the order under subsection (1) concerned.

(8F) On the determination of an appeal against conviction or sentence for the triggering offence brought by the person concerned—

(a) if the order of the court before which proceedings for that offence were brought is reversed insofar as it relates to the conviction for that offence or the conviction for that offence is quashed, the court referred to in subsection (8C) shall dismiss the proceedings under that subsection, and

(b) in all other cases, the court referred to in subsection (8C) shall, in accordance with that subsection, consider the revocation of the order under subsection (1) concerned.

(8G) When an appeal against conviction or sentence for the triggering offence is withdrawn, abandoned or determined, the person concerned shall, for the purposes of subsections (8E) and (8F), appear before the court referred to in subsection (8C) whenever he or she is required to do so by that court.

(8H) In subsections (8D) to (8G), references to an appeal against conviction or sentence for the triggering offence shall be construed as references to an appeal against conviction or sentence, as the case may be, for that offence, whether by way of rehearing, case stated or otherwise.]

(9) … [declared unconstitutional, see E-note below]

(10) … [declared unconstitutional, see E-note below]

F34[(10A) F35[…]]

F36[(11) (a) Where an order under subsection (1) applying to a person is revoked under subsection (8C), any period of imprisonment required to be served by the person as a result of that revocation shall be consecutive on any sentence of imprisonment (other than a sentence consisting of imprisonment for life) imposed on the person in respect of the triggering offence.

(b) Paragraph (a) shall not apply if the execution of the sentence of imprisonment imposed on the person in respect of the triggering offence is wholly suspended under subsection (1).]

(12) Where an order under subsection (1) is revoked in accordance with this section, the person to whom the order applied may appeal against the revocation to such court as would have jurisdiction to hear an appeal against any conviction of, or sentence imposed on, a person for an offence by the court that revoked that order.

(13) Where a member of the Garda Síochána or, as the case may be, the governor of the prison to which a person was committed has reasonable grounds for believing that F37[a person to whom an order under subsection (1) applies has contravened the condition referred to in subsection (2) or a condition imposed under subsection (3), he or she may apply] to the court to fix a date for the hearing of an application for an order revoking the order under subsection (1).

F38[(13A) The Director of Public Prosecutions may, if he or she has reasonable grounds for believing that a person to whom an order under subsection (1) applies has contravened a condition imposed under subsection (3), apply to the court to fix a date for the hearing of an application for an order revoking the order under subsection (1).]

(14) A probation and welfare officer may, if he or she has reasonable grounds for believing that a person to whom an order under subsection (1) applies has contravened a condition imposed under subsection F39[…](4), apply to the court to fix a date for the hearing of an application for an order revoking the order under subsection (1).

(15) Where the court fixes a date for F40[the hearing of an application referred to in subsection (13), (13A) or (14)], it shall, by notice in writing, so inform the person in respect of whom the application will be made, or where that person is in prison, the governor of the prison, and such notice shall require the person to appear before it, or require the said governor to produce the person before it, on the date so fixed and at such time as is specified in the notice.

(16) If a person who is not in prison fails to appear before the court in accordance with a requirement contained in a notice under subsection (15), the court may issue a warrant for the arrest of the person.

(17) A court shall, where it is satisfied that a person to whom an order under subsection (1) applies has contravened a condition of the order, revoke the order unless it considers that in all of the circumstances of the case it would be unjust to so do, and where the court revokes that order, the person shall be required to serve the entire of the sentence originally imposed by the court, or such part of the sentence as the court considers just having regard to all of the circumstances of the case, less any period of that sentence already served in prison and any period spent in custody pending the revocation of the said order.

(18) A notice under subsection (15) shall be addressed to the person concerned by name, and may be given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.

F41[(18A) Where, under subsection (8C) or (17), a court revokes an order under subsection (1) applying to a person and the person is required to serve a part of the sentence of imprisonment originally imposed on him or her, the court may make a further order suspending the execution of the part of the sentence of imprisonment that is not required to be served by the person and such further order shall, for the purposes of this section, be regarded as an order made under subsection (1) applying to the person and that subsection shall apply accordingly.]

(19) This section shall not affect the operation of—

(a) section 2 of the Criminal Justice Act 1960 or Rule 38 of the Rules for the Government of Prisons 1947 (S.R. & O. No. 320 of 1947), or

(b) subsections (3G) and (3H) of section 27 of the Misuse of Drugs Act 1977.

F42[(19A) If, in relation to a person, the application of subsection (11) conflicts with any of the other consecutive sentencing provisions with regard to the sequence in which the following shall be served by the person, namely—

(a) a sentence of a term of imprisonment imposed on the person for the triggering offence,

(b) the period of imprisonment required to be served by the person under subsection (8C), and

the court referred to in subsection (8C) or any other court concerned may determine that sequence in such manner as it considers just, provided that the sentences of imprisonment referred to in paragraphs (a) and (c) and the period of imprisonment referred to in paragraph (b) shall be consecutive on each other.

(19B) Where a person is convicted of the triggering offence by the District Court and an order under subsection (1) applying to the person is revoked by the District Court under subsection (8C), the aggregate of—

(a) a sentence of a term of imprisonment imposed on the person for the triggering offence,

(b) the period of imprisonment required to be served by the person under subsection (8C), and

(c) a sentence of a term of imprisonment for any other offence imposed on the person by the District Court that is required by any of the other consecutive sentencing provisions to be consecutive on the sentence of imprisonment referred to in paragraph (a) or the period of imprisonment referred to in paragraph (b) or vice versa,

shall not exceed 2 years.]

F34[(20) Where a court imposes a sentence of a term of imprisonment that is to run consecutively to a sentence of a term of imprisonment the operation of a part of which is suspended, the first-mentioned sentence shall commence at the expiration of the part of the second-mentioned sentence the operation of which is not suspended.]

F43[(21) Where—

(a) under subsection (8C), an order under subsection (1) applying to a person is revoked and the person is required to serve a part of the sentence of imprisonment originally imposed on him or her under that subsection, and

(b) a court imposes a sentence of a term of imprisonment on the person that is to be consecutive on the sentence of imprisonment referred to in paragraph (a),

the sentence of imprisonment referred to in paragraph (b) shall commence at the expiration of the period of imprisonment required to be served by the person under subsection (8C) referred to in paragraph (a).

(22) Where an order under subsection (1) is made by a court on appeal from another court—

(a) the reference in subsection (8A) to the court that made the order under subsection (1),

(b) the references in subsections (8C), (8D), (8G), (13) to (17), (18A) and (19A) to the court that may exercise jurisdiction under each of those subsections, and

shall be construed as references to the court from whose order or decision the appeal was taken.

(23) In this section the “other consecutive sentencing provisions” means—

(a) section 5 of the Criminal Justice Act 1951,

(b) section 13 of the Criminal Law Act 1976,

(d) section 54A of the Criminal Justice (Theft and Fraud Offences) Act 2001, and

(e) any other enactment that requires or permits a court to impose a consecutive sentence.]

Annotations

Amendments:

F31
Inserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 2(a), S.I. No. 1 of 2019.

F32
Inserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 2(b), S.I. No. 1 of 2019.

F33
Inserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 2(c), S.I. No. 1 of 2019.

F34
Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 60(c) and (e), S.I. No. 236 of 2007.

F35
Deleted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 2(d), S.I. No. 1 of 2019.

F36
Substituted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 2(e), S.I. No. 1 of 2019.

F37
Substituted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 2(f), S.I. No. 1 of 2019.

F38
Inserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 2(g), S.I. No. 1 of 2019.

F39
Deleted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 2(h), S.I. No. 1 of 2019.

F40
Substituted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 2(i), S.I. No. 1 of 2019.

F41
Inserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 2(j), S.I. No. 1 of 2019.

F42
Inserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 2(k), S.I. No. 1 of 2019.

F43
Inserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 2(l), S.I. No. 1 of 2019.

Modifications (not altering text):

C9
References construed (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), s. 3, S.I. No. 1 of 2019.

Construction of references

3. A reference in any enactment, within the meaning of the Interpretation Act 2005, to—

(a) subsection (9) of section 99 of the Act of 2006 shall be construed as a reference to subsections (8A) and (8B) (inserted by section 2 (c)) of the said section 99, and

(b) subsection (10) of section 99 of the Act of 2006 shall be construed as a reference to subsection (8C) (inserted by section 2 (c)) of the said section 99.

Editorial Notes:

E33
Declared unconstitutional: subss. (9) and (10) declared unconstitutional (19.04.2016) by Moore v DPP [2016] IEHC 244. The Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017) was enacted in response to this decision.

E34
Previous affecting provision: subs. (9) amended (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 51, S.I. No. 330 of 2009 and (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 60(a), S.I. No. 236 of 2007; subsection declared unconstitutional as per E-note above.

E35
Previous affecting provision: subs. (10) amended (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 60(b), S.I. No. 236 of 2007; subsection declared unconstitutional as per E-note above.

E36
Previous affecting provision: subs. (11)(a) substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 60(d), S.I. No. 236 of 2007; substituted as per F-note above.

Imposition of fine and deferral of sentence.

100.— (1) Where a court makes an order convicting a person of an offence in respect of which the person is liable to both a term of imprisonment and a fine, the court may, subject to subsection (2) —

(a) impose a fine on that person in respect of the offence, and

(b) make an order—

(i) deferring the passing of a sentence of imprisonment for the offence, and

(ii) specifying the term of imprisonment that it would propose to impose on the person in respect of that offence should he or she fail or refuse to comply with the conditions specified in the order.

(2) A court shall not perform functions under subsection (1) unless it is satisfied that—

(a) the person concerned consents to the sentence of imprisonment being deferred,

(b) the person gives an undertaking to comply with any conditions specified in an order made under subsection (1) (b) , and

(c) having regard to the nature of the offence concerned and all of the circumstances of the case, it would be in the interests of justice to so do.

(3) An order under subsection (1) (b) shall specify—

(a) the date (in this section referred to as the “specified date”) on which it proposes to pass sentence should the person contravene a condition of the order, being a date that falls not later than 6 months after the making of the order, and

(b) the conditions with which the person concerned is to comply during the period between the making of the order and the specified date, including a condition that the person be of good behaviour and keep the peace.

(4) Where a court makes an order under subsection (1) (b) , it shall cause a copy of the order to be given to the person in respect of whom it is made and the Garda Síochána.

(5) A court that has made an order under subsection (1) (b) shall not later than one month before the specified date require the person in respect of whom the order was made, by notice, to attend a sitting of the court on that date and at such time as is specified in the notice.

(6) If a person fails to comply with a requirement in a notice under subsection (5) , the court may issue a warrant for the arrest of that person.

(7) Where a member of the Garda Síochána has reasonable grounds for believing that a person to whom an order under subsection (1) (b) applies has contravened a condition of the order, he or she may apply to the court to fix a date for the hearing of an application for an order imposing the term of imprisonment specified in the order in accordance with subsection (1) (b) (ii) .

(8) Where the court fixes a date for the hearing of an application referred to in subsection (7) , it shall, by notice in writing, so inform the person in respect of whom the application will be made, and such notice shall require the person to appear before it on the date so fixed and at such time as is specified in the notice.

(9) If a person fails to appear before the court in accordance with a requirement contained in a notice under subsection (8) , the court may issue a warrant for the arrest of the person.

(10) Upon an application by a member of the Garda Síochána for an order imposing the term of imprisonment specified in accordance with paragraph (b) (ii) of subsection (1) , a court may, if it is satisfied that the person in respect of whom the application was made has contravened a condition specified in the order under that subsection, impose the term of imprisonment that it proposed to impose at the time of the making of the order under that subsection (or such lesser term as it considers just in all of the circumstances of the case), unless it considers that it would in all the circumstances be unjust to so do.

(11) On the specified date the court shall, if it is satisfied that the person in respect of whom the order under subsection (1) was made has complied with the conditions specified in the order, not impose the sentence that it proposed to impose when making that order and shall discharge the person forthwith.

(12) On the specified date the court may, if it is satisfied that the person in respect of whom the order under subsection (1) was made has contravened a condition specified in the order, impose the term of imprisonment that it proposed to impose at the time of the making of the order (or such lesser term as it considers just in all of the circumstances of the case) unless it considers that in all of the circumstances of the case it would be unjust to so do, and where it considers that it would be unjust to impose a term of imprisonment it shall discharge the person forthwith.

(13) A notice under subsection (5) or (8) shall be addressed to the person concerned by name, and may be given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.

(14) Section 18(1) of the Courts of Justice Act 1928 is amended by the insertion of “, including an order under section 100 (1) of the Criminal Justice Act 2006” after “the person against whom the order shall have been made”.

Restriction on movement order.

101.— (1) Where a person aged 18 years or more is convicted of an offence specified in Schedule 3 and the court which convicts him or her of the offence considers that it is appropriate to impose a sentence of imprisonment for a term of 3 months or more on the person in respect of the offence, it may, as an alternative to such a sentence, make an order under this section (“a restriction on movement order”) in respect of the person.

(2) A restriction on movement order may restrict the offender’s movements to such extent as the court thinks fit and, without prejudice to the generality of the foregoing, may include provision—

(a) requiring the offender to be in such place or places as may be specified for such period or periods in each day or week as may be specified, or

(b) requiring the offender not to be in such place or places, or such class or classes of place or places, at such time or during such periods, as may be specified,

or both, but the court may not, under paragraph (a) , require the offender to be in any place or places for a period or periods of more than 12 hours in any one day.

(3) A restriction on movement order may be made for any period of not more than 6 months and, during that period, the offender shall keep the peace and be of good behaviour.

(4) A restriction on movement order may specify such conditions as the court considers necessary for the purposes of ensuring that while the order is in force the offender will keep the peace and be of good behaviour and will not commit any further offences.

(5) A restriction on movement order shall specify the restrictions that are to apply to the offender’s movements and, in particular, it shall specify—

(a) the period during which it is in force,

(b) the period or periods in each day or week during which the offender shall be in any specified place or places,

(c) the time at which, or the periods during which, the offender shall not be in any specified place or places or any class or classes of place or places.

(6) In determining for the purposes of subsection (2) (a) the period or periods during which the offender shall be in a specified place or places, the court shall have regard to the nature and circumstances of the offence of which the offender has been found guilty and any educational course, training, employment or other activity in which the offender is participating, and it shall ensure, as far as practicable, that that period or those periods do not conflict with the practice by the offender of his or her religion.

(7) In determining for the purpose of subsection (2) (b) the place or places, or class or classes of place or places, the time or the periods to be specified in a restriction on movement order, the court shall have regard to the nature and circumstances of the offence of which the offender has been found guilty, the time that the offender committed the offence, the place where the offence was committed and the likelihood of the offender committing another offence in the same or similar place or places or class or classes of place or places.

(8) A court shall not make a restriction on movement order in respect of an offender unless it considers, having regard to the offender and his or her circumstances, that he or she is a suitable person in respect of whom such an order may be made and, for that purpose, the court may request a probation and welfare officer to prepare a report in writing in relation to the offender.

(9) A restriction on movement order which restricts the movements of an offender in accordance with subsection (2) (a) shall not be made without the consent of the owner of, or any adult person habitually residing at, the place or places concerned or, as the case may be, the person in charge of the place or places concerned.

(10) A court making a restriction on movement order may include in the order a requirement that the restrictions on the offender’s movements be monitored electronically in accordance with section 102 , but it shall not include such a requirement unless it considers, having regard to the offender and his or her circumstances, that he or she is a suitable person in respect of whom such a requirement may be made and, for that purpose, the court may request an authorised person to prepare a report in writing in relation to the offender.

(11) Before making a restriction on movement order, the court shall explain to the offender in ordinary language—

(a) the effect of the order, including any requirement which is to be included in the order under section 102 ,

(b) the consequences which may follow any failure by the offender to comply with the requirements of the order, and

(c) that the court has power under section 103 to vary the order on the application of any person referred to in that section,

and the court shall not make the order unless the offender agrees to comply with its requirements.

(12) The court shall cause certified copies of a restriction on movement order to be sent to—

(a) the offender,

(b) the member in charge of the Garda Síochána station for the area where the offender resides or, where appropriate, the area where he or she is to reside while the order is in force,

(c) where appropriate, an authorised person who is responsible under section 102 for monitoring the offender’s compliance with the order.

Electronic monitoring of restriction on movement order.

102.— Where the restrictions on an offender’s movements in a restriction on movement order are to be monitored electronically, the order shall include—

(a) a provision making an authorised person responsible for monitoring the offender’s compliance with it, and

(b) a requirement that the offender shall, either continuously or for such periods as may be specified, have an electronic monitoring device attached to his or her person for the purpose of enabling the monitoring of his or her compliance with the order to be carried out.

Variation of restriction on movement order.

103.— (1) Where a restriction on movement order is in force, the court may, if it so thinks proper, on written application by—

(a) the offender,

(b) where appropriate, the owner of, or an adult person habitually residing at, the place or places or, as the case may be, the person in charge of the place or places, specified in the order,

(d) where appropriate, an authorised person who is responsible under section 102 for monitoring the offender’s compliance with the order,

vary the order by substituting another period or time or another place for any period, time or place specified in the order.

(2) An application under subsection (1) shall be made on notice to such of the other parties specified in subsection (1) as is appropriate.

(3) Where any party specified in subsection (1) objects to the variation of a restriction on movement order, the court shall not vary the order without hearing from that party.

(4) The court shall cause certified copies of a restriction on movement order varied under this section to be sent to—

(a) the offender,

(b) where appropriate, the owner of, or an adult person habitually residing at, the place or places or, as the case may be, the person in charge of the place or places, specified in the order,

(c) the member in charge of the Garda Síochána station for the area where the offender resides or, where appropriate, the area where he or she is to reside while the order is in force, and

(d) where appropriate, an authorised person who is responsible under section 102 for monitoring the offender’s compliance with the order.

(5) The jurisdiction vested in the court under this section shall be exercised by a judge of the District Court for the time being assigned to the district court district, or, as the case may be, a judge of the Circuit Court for the time being assigned to the circuit, in which the offender resides or is to reside while the restriction on movement order is in force.

Provisions regarding more than one restriction on movement order.

104.— (1) Where more than one restriction on movement order is in force in respect of an offender at any time, the period during which the offender is required to be in a specified place or places shall, notwithstanding subsections (2) and (3), not be for a period of more than 6 months.

(2) Where a court makes restriction on movement orders in respect of 2 or more offences of which the offender has been found guilty, it may direct that the period for which the offender is required by any of those orders to be in a specified place or places shall be concurrent with or additional to that specified in any other of those orders.

(3) Where a court makes a restriction on movement order and at the time of the making of the order there is in force in respect of the offender another such order (whether made by the same or a different court), the court making the later order may direct in that order that the period for which the offender is required by that order to be in a specified place or places shall be concurrent with or additional to that specified in the earlier order.

Non-compliance with restriction on movement order.

105.— (1) Where a restriction on movement order is in force and it appears to a court, on application by a member of an Garda Síochána or, where appropriate, an authorised person who is responsible under section 102 for monitoring the offender’s compliance with the order, that the offender has failed, without reasonable cause, to comply with the order or any condition to which it is subject, the court may—

(a) if the order was made by a court in the district court district, or, as the case may be, the circuit, in which the offender resides or is to reside while the order is in force—

(i) direct the offender to comply with the order or any such condition in so far as it has not been complied with,

(ii) revoke the order and make another restriction on movement order in respect of the offender, or

(iii) revoke the order and deal with the case in any other way in which it could have been dealt with before the order was made,

(b) if the order was made by a court in another district court district or, as the case may be, another circuit, remand the offender on bail to a sitting of that court to be dealt with, and for that purpose, paragraph (a) shall apply in relation to that court, with the necessary modifications.

(2) The matters to be taken into account by the court in arriving at a decision pursuant to subsection (1) shall include the extent to which, and the period during which, the offender has complied with the order concerned or any condition to which it is subject.

(3) Where the court proposes to exercise its powers under subsection (1), it shall summon the offender to appear before it and, if the offender does not appear in answer to the summons, it may issue a warrant for his or her arrest.

(4) The jurisdiction vested in the court under this section shall be exercised by a judge of the District Court for the time being assigned to the district court district, or, as the case may be, a judge of the Circuit Court for the time being assigned to the circuit, in which the offender resides or is to reside while the restriction on movement order is in force.

Amendment of section 5 of Criminal Justice Act 1951.

106.— Where 2 or more sentences, one of which is a restriction on movement order, are passed on an offender by the District Court and are ordered to run consecutively, the aggregate of the period during which the order in respect of the offender is in force and the period of any term or terms of imprisonment imposed on him or her shall not exceed the maximum period of the aggregate term of imprisonment specified in section 5 of the Criminal Justice Act 1951.

Documentary evidence in relation to offenders.

107.— (1) Evidence of the presence or absence of the offender in or from a particular place at a particular time may, subject to the provisions of this section, be given by the production of a document or documents being—

(a) a statement produced automatically or otherwise by a device, prescribed by regulations under section 111, by which the offender’s whereabouts were electronically monitored, and

(b) a certificate signed by an authorised person who is responsible under section 102 for monitoring the offender’s compliance with the order that the statement relates to the whereabouts of the offender at the dates and times shown in the statement.

(2) The statement and certificate mentioned in subsection (1) shall, when produced at a hearing, be evidence, until the contrary is shown, of the facts set out in them.

(3) Neither the statement nor the certificate mentioned in subsection (1) shall be admissible in evidence unless a copy of both has been served on the offender prior to the hearing.

Temporary release of prisoners.

108.— (1) A direction in respect of a person aged 18 years or more may be subject to a condition restricting the person’s movements to such extent as the Minister thinks fit and specifies in the direction and those restrictions may be monitored electronically in accordance with subsection (4).

(2) Without prejudice to the generality of subsection (1), a direction may include provision—

(a) requiring the person to be in such place or places as may be specified for such period or periods in each day or week as may be specified, or

(b) requiring the person not to be in such place or places, or such class or classes of place or places, at such time or during such periods, as may be specified,

or both, but the Minister may not, under paragraph (a), require the person to be in any place or places for a period or periods of more than 12 hours in any one day.

(3) A direction shall not be subject to a condition which restricts the movements of a person in accordance with subsection (2)(a) without the consent of the owner of, or any adult person habitually residing at, the place or places concerned or, as the case may be, the person in charge of the place or places concerned.

(4) Where the restrictions on a person’s movements imposed by a condition in a direction are to be monitored electronically, the direction shall include—

(a) a provision making an authorised person responsible for monitoring the person’s compliance with the condition and the condition referred to in paragraph (b), and

(b) a condition that the person shall, either continuously or for such periods of not more than 6 months as may be specified have an electronic monitoring device attached to his or her person for the purpose of enabling the monitoring of his or her compliance with the condition restricting his or her movements to be carried out.

(5) A condition shall not be imposed under subsection (1)(4) or (b) unless the person concerned agrees to comply with it, but the absence of such agreement shall not confer an entitlement on that person to be released pursuant to a direction.

Annotations

Editorial Notes:

E37
Electronic monitoring devices for purposes of section prescribed (25.08.2010) by Criminal Justice Act 2006 (Electronic Monitoring Devices) Regulations 2010 (S.I. No. 409 of 2010), reg. 3.

Documentary evidence in relation to prisoners on temporary release.

109.— (1) In any proceedings for an offence under section 6(2) of the Criminal Justice Act 1960 evidence of the presence or absence of the person in or from a particular place at a particular time may, subject to the provisions of this section, be given by the production of a document or documents being—

(a) a statement produced automatically or otherwise by a device, prescribed by regulations made under section 111, by which the person’s whereabouts were electronically monitored, and

(b) a certificate signed by an authorised person who is responsible under section 108(4) for monitoring the offender’s compliance with the condition in the direction that the statement relates to the whereabouts of the person at the dates and times shown in the statement.

(2) The statement and certificate mentioned in subsection (1) shall, when produced at a hearing, be evidence, until the contrary is shown, of the facts set out in them.

(3) Neither the statement nor the certificate mentioned in subsection (1) shall be admissible in evidence unless a copy of both has been served on the person prior to the hearing.

Amendment of section 2(1) of Criminal Justice Act 1960.

110.— Section 2(1) of the Criminal Justice Act 1960 is amended by the insertion of “(including, if appropriate, any condition under section 108 of the Criminal Justice Act 2006)” after “subject to such conditions, as may be specified in the direction”.

Regulations regarding electronic monitoring devices.

111.— The Minister may prescribe by regulations the types of electronic monitoring device that may be used for the purpose of monitoring—

(a) the compliance of offenders with a requirement under section 102, and

(b) the compliance of persons with section 108(4).

Annotations

Editorial Notes:

E38
Power pursuant to subs. (b) exercised (25.08.2010) by Criminal Justice Act 2006 (Electronic Monitoring Devices) Regulations 2010 (S.I. No. 409 of 2010).

Electronic monitoring.

112.— The Minister may, with the consent of the Minister for Finance, make such arrangements, including contractual arrangements, as he or she considers appropriate with such persons as he or she thinks fit for the monitoring of—

(a) the compliance of offenders with restriction on movement orders, or

(b) the compliance of persons with a condition imposed under section 108(4) in directions in respect of such persons,

or both.

CRIMINAL JUSTICE ACT 2007

PART 3

Sentencing

Interpretation (Part 3).

24.— (1) In this Part—

“imprisonment” includes—

(a) detention in Saint Patrick’s Institution,

(b) detention in a place provided under section 2 of the Prisons Act 1970, and

and “prison” and “sentence of imprisonment” shall be construed accordingly;

“remission from the sentence” means, in relation to the sentence imposed on a person, the remission which he or she may earn from that sentence under the rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct.

(2) In this Part, references to an offence specified in Schedule 2 shall include—

(a) references to participation as an accomplice of a person who commits such an offence, and

(b) references to an offence of attempting or conspiring to commit, or inciting the commission of, such an offence.

Commission of another offence within specified period.

25.— (1) Subject to subsections (2) and (3), where a person (other than a person under the age of 18 years)—

(a) has been convicted on indictment of an offence specified in Schedule 2 (in this section referred to as “the first offence”),

(b) has been sentenced to imprisonment for a term of not less than 5 years in respect of that offence, and

(c) who is convicted on indictment of an offence specified in Schedule 2 (in this section referred to as “the subsequent offence”) that is committed—

(i) during the period of 7 years from the date of conviction of the first offence and, for the purpose of determining that period, there shall be disregarded any period of imprisonment in respect of the first offence or the subsequent offence, or

(ii) during any such period of imprisonment,

(in this section the total period comprising the periods referred to in subparagraphs (i) and (ii) is referred to as “the specified period”),

the court shall, in imposing sentence on the person in respect of the subsequent offence, specify as the minimum term of imprisonment to be served by the person, a term of not less than three quarters of the maximum term of imprisonment prescribed by law in respect of such an offence and, if the maximum term so prescribed is life imprisonment, the court shall specify a term of imprisonment of not less than 10 years.

(2) Subsection (1) shall not apply if any of the following provisions apply in respect of the subsequent offence:

(a) section 2 of the Criminal Justice Act 1990;

(b) F3[…]

(d) F3[…]

(e) F3[…]

(3) Subsection (1) shall not apply where the court is satisfied that it would be disproportionate in all the circumstances of the case to specify as the minimum term of imprisonment to be served by the person concerned the term of imprisonment referred to in that subsection in respect of the subsequent offence.

(4) Subsection (1) shall apply to a person in respect of the subsequent offence only if that offence is committed after the commencement of this section and that subsection shall apply to a person whether the first offence is committed before or after such commencement.

(5) If, in relation to a sentence of a term of imprisonment imposed on a person in respect of the first offence—

(a) the operation of the whole term is suspended, then subsection (1) shall not apply to that offence, or

(b) the operation of a part of the term is suspended, the part of that term the operation of which is not suspended shall be regarded as the term of imprisonment imposed on the person in respect of the first offence for the purposes of subsection (1).

(6) Subsection (1) shall not apply to a person if the conviction in respect of the first offence is quashed on appeal or otherwise.

(7) A reference in this section to a sentence imposed on a person in respect of the first offence shall—

(a) if the sentence is varied on appeal, be construed as a reference to the sentence as so varied, or

(b) if, on the application of the Director of Public Prosecutions under section 2 of the Criminal Justice Act 1993, the sentence is quashed by the Court of Criminal Appeal and another sentence is imposed in place of it by that Court on the person, be construed as a reference to that other sentence.

(8) For the purposes of subsections (1)(c) and (10), a period of imprisonment means any time when the person concerned is—

(a) remanded in custody,

(b) serving a sentence F4[in prison,]

F6[(ca) conditionally released under section 2A of the Criminal Justice Act 1960, or]

F7[(d) released on parole within the meaning of the Parole Act 2019.]

(9) References in this section to the subsequent offence shall include references to a second or subsequent offence specified in Schedule 2 of which a person (other than a person under the age of 18 years) is convicted on indictment during the specified period.

(10) The specified period in relation to a person to whom subsection (1) applies shall expire only when the person has not been convicted of an offence specified in Schedule 2—

(a) during the period of 7 years from the date of conviction of the subsequent offence and, for the purpose of determining that period, there shall be disregarded any period of imprisonment in respect of the first offence or the subsequent offence, or

(b) during any such period of imprisonment.

(11) If, following the application of subsection (1) to a person in respect of a conviction on indictment of an offence specified in Schedule 2—

(a) his or her conviction in respect of the first offence is quashed on appeal or otherwise, or

(b) the sentence imposed on the person in respect of the first offence is varied on appeal so that it no longer falls under subsection (1)(b,

the person may apply to the court that imposed the sentence on him or her in respect of the subsequent offence to review it and the court may, if it considers it appropriate to do so, vary that sentence.

(12) (a) If a sentence imposed on a person in respect of a conviction on indictment of an offence specified in Schedule 2 does not fall under subsection (1)(b) but the sentence is—

(i) varied on appeal, or

(ii) on the application of the Director of Public Prosecutions under section 2 of the Criminal Justice Act 1993, quashed by the Court of Criminal Appeal and another sentence is imposed in place of it by that Court on the person,

so that the sentence then falls under subsection (1)(b), subsection (1) shall apply in respect of an offence specified in Schedule 2 (“the subsequent offence”) committed by the person within the specified period.

(b) If, in the circumstances referred to in paragraph (a), a sentence has, at the time of the appeal referred to in subparagraph (i) of that paragraph concerned or, as the case may be, the application referred to in subparagraph (ii) of that paragraph concerned, been imposed on the person concerned in respect of the subsequent offence, the Director of Public Prosecutions may apply to the court that imposed the sentence to review it and the court shall apply subsection (1) to that person in respect of the subsequent offence and, if appropriate, vary the sentence accordingly.

(13) The power conferred by section 23 of the Criminal Justice Act 1951 to commute or remit a punishment shall not, in the case of a person serving a sentence of imprisonment imposed in accordance with subsection (1) in respect of the subsequent offence, be exercised before the expiry of the minimum term of imprisonment specified by the court in accordance with that subsection less any reduction of that term arising under subsection (14).

(14) The rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct shall apply in the case of a person serving a sentence imposed in accordance with subsection (1) in respect of the subsequent offence and the minimum term of imprisonment specified by the court in accordance with that subsection shall be reduced by the amount of any remission so earned by the person.

(15) Any powers conferred by rules made under section 2 of the Criminal Justice Act 1960 to release temporarily a person serving a sentence of imprisonment shall not, in the case of a person serving a sentence imposed in accordance with subsection (1) in respect of the subsequent offence, be exercised during the period for which the commutation or remission of his or her punishment is prohibited by subsection (13) unless for grave reason of a humanitarian nature, and any release so granted shall be only of such limited duration as is justified by that reason.

(16) The reference in subsection (15) to section 2 of the Criminal Justice Act 1960 shall be construed to include that section as applied by section 4 of the Prisons Act 1970.

Annotations:

Amendments:

F3
Deleted (27.12.2021) by Criminal Justice (Amendment) Act 2021 (36/2021), s. 8, S.I. No. 777 of 2021, subject to certain retrospective effects in s. 10.

F4
Substituted (30.07.2021) by Parole Act 2019 (28/2019), s. 37(a), S.I. No. 405 of 2021.

F5
Substituted (3.05.2023) by Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023), s. 76(a), S.I. No. 213 of 2023.

F6
Inserted (3.05.2023) by Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023), s. 76(b), S.I. No. 213 of 2023.

F7
Inserted (30.07.2021) by Parole Act 2019 (28/2019), s. 37(c), S.I. No. 405 of 2021.

Editorial Notes:

E4
Previous affecting provision: text in subs. (c) substituted (30.07.2021) by Parole Act 2019 (28/2019), s. 37(b), S.I. No. 405 of 2021; substituted (3.05.2023) as per F-note above.

Monitoring orders and protection of persons orders.

26.— (1) Where a person (other than a person under the age of 18 years) (in this section referred to as “the offender”) is convicted on indictment of an offence specified in Schedule 2, the court shall consider whether it is appropriate to make an order or orders under this section in relation to the offender for the purpose of monitoring the offender after release from prison or for the purpose of protecting any person.

(2) The court may make an order (in this section referred to as a “ monitoring order”) in relation to the offender requiring the offender, as soon as practicable after the order comes into force, to notify in writing an inspector of the Garda Síochána of the district in which his or her home is located of the address of it and to notify in writing such an inspector of any change of address of his or her home or any proposed absence for a period of more than 7 days from his or her home before any such change of address or any such absence, as the case may be, occurs.

(3) A monitoring order may be made for such period, not exceeding 7 years, as the court considers appropriate.

(4) The court may make an order (in this section referred to as a “protection of persons order”) in relation to the offender for the purpose of protecting the victim of the offence concerned or any other person named in the order from harassment by the offender while the order is in force.

(5) The court may provide in a protection of persons order that the offender is prohibited from engaging in any behaviour that, in the opinion of the court, would be likely to cause the victim of the offence concerned or any other person named in the order fear, distress or alarm or would be likely to amount to intimidation of any such person.

(6) A protection of persons order may be made for such period, not exceeding 7 years, as the court considers appropriate.

(7) A monitoring order or a protection of persons order in relation to the offender shall come into force on the date on which—

(a) the sentence of imprisonment imposed on him or her in respect of the offence concerned expires or, as the case may be, his or her remission from the sentence begins, or

(b) if the offender is imprisoned in respect of another offence, the date on which that sentence of imprisonment expires or, as the case may be, his or her remission from that sentence begins,

whichever is the later.

(8) Where a monitoring order or a protection of persons order is made (whether or not it is in force), the court that made the order may, if it so thinks proper, on the application of the offender vary or revoke the order if it is satisfied that by reason of such matters or circumstances specified in the application that have arisen or occurred since the making of the order that it should be varied or revoked.

(9) An application under subsection (8) shall be made on notice to an inspector of the Garda Síochána of the district in which the offender ordinarily resided at the time that the order was made or, if appropriate, an inspector of the Garda Síochána of the district in which the home of the offender is located at the time of the application.

(10) A person who fails, without reasonable cause, to comply with a monitoring order or a protection of persons order shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €2,000 or imprisonment for a term not exceeding 6 months or both.

(11) Nothing in this section shall affect any other order, restriction or obligation, or any condition attaching thereto, to which the offender is subject whether made or imposed under statute or otherwise apart from this section while a monitoring order or a protection of persons order is in force.

(12) In this section “home”, in relation to the offender, means his or her sole or main residence or, if he or she has no such residence, his or her most usual place of abode or, if he or she has no such abode, the place which he or she regularly visits.

Annotations:

Amendments:

F8
Substituted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref. 25, subject to transitional provisions in ss. 13, 26, not commenced as of date of revision.

Modifications (not altering text):

C3
Prospective affecting provision: subss. (2), (9) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref. 25, not commenced as of date of revision, subject to transitional provisions in ss. 13, 26.

(2) The court may make an order (in this section referred to as a “ monitoring order”) in relation to the offender requiring the offender, as soon as practicable after the order comes into force, to notify in writing an inspector of the Garda Síochána F8[in the Garda division] in which his or her home is located of the address of it and to notify in writing such an inspector of any change of address of his or her home or any proposed absence for a period of more than 7 days from his or her home before any such change of address or any such absence, as the case may be, occurs.

…

(9) An application under subsection (8) shall be made on notice to an inspector of the Garda Síochána F8[in the Garda division] in which the offender ordinarily resided at the time that the order was made or, if appropriate, an inspector of the Garda Síochána F8[in the Garda division] in which the home of the offender is located at the time of the application.

F9[

Post-release orders in cases of certain offences.

26A.— (1) Where, on or after the commencement of a scheme under subsection (10), a person (other than a person under the age of 18 years), in this section referred to as “the offender”, is convicted on indictment of—

(a) an offence under F10[Part 7 of the Act of 2006,]

F11[(aa) the offence of conspiracy to murder under section 4 of the Act of 1861, or]

(b) an offence F10[(other than an offence referred to in paragraph (a) or (aa))] specified in Schedule 2 that has been committed as part of, or in furtherance of, the activities of a criminal organisation,

the court shall, in determining the sentence to be imposed on the offender in respect of that offence, consider whether it is appropriate to make an order under this section (in this section referred to as a “post-release (restrictions on certain activities) order”) in relation to him or her for the purpose of the offender’s being subject, after his or her release from prison, to the restrictions and conditions subsequently mentioned in this section.

(2) A post-release (restrictions on certain activities) order shall not be made in relation to the offender unless the court considers that, having regard to—

(a) the evidence given in the trial of the offender for the offence concerned, and

(b) evidence that is given to the court in relation to the sentence to be imposed for that offence,

it is in the public interest to make such an order, and in determining whether to make such order the court shall take account of such matters as the court considers appropriate, including the offender’s previous criminal record and the other circumstances relating to him or her.

(3) There is, by virtue of this subsection, conferred on the court power to make, as part of the offender’s sentence, a post-release (restrictions on certain activities) order in relation to him or her, that is to say, an order imposing one or more (and no other) of the following restrictions and conditions:

(a) restrictions on the offender’s movements, actions or activities;

(b) conditions subject to which the offender may engage in any activity;

(c) restrictions on the offender’s association with others or conditions subject to which the offender may associate with others,

being restrictions and conditions, as to both their nature and extent, that—

(i) are determined by the court to be no more than is reasonably necessary to be imposed in the public interest, and

(ii) fall into a category of restrictions and conditions specified in a scheme made under subsection (10).

(4) A post-release (restrictions on certain activities) order may be made for such period, not exceeding 7 years, as the court considers appropriate.

(5) A post-release (restriction of certain activities) order in relation to the offender shall come into force on the date on which—

(a) the sentence of imprisonment imposed on him or her in respect of the offence concerned expires or, as the case may be, his or her remission from the sentence begins, or

(b) if the offender is imprisoned in respect of another offence, the date on which that sentence of imprisonment expires or, as the case may be, his or her remission from that sentence begins,

whichever is the later.

(6) Where a post-release (restriction of certain activities) order is made (whether or not it is in force), the court that made the order may, if it so thinks proper, on the application of the offender vary or revoke the order if it is satisfied that by reason of such matters or circumstances specified in the application that have arisen or occurred since the making of the order that it should be varied or revoked.

(7) An application under subsection (6) shall be made on notice to an inspector of the Garda Síochána of the district in which the offender ordinarily resided at the time that the order was made or, if appropriate, an inspector of the Garda Síochána of the district in which the home of the offender is located at the time of the application.

(8) A person who fails, without reasonable cause, to comply with a post-release (restriction of certain activities) order shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both.

(9) Nothing in this section shall affect any other order, restriction or obligation, or any condition attaching thereto, to which the offender is subject whether made or imposed under statute (including section 26) or otherwise apart from this section while a post-release (restrictions of certain activities) order is in force.

(10) (a) As soon as practicable, but not later than 6 months, after the commencement of section 14 of the Criminal Justice (Amendment) Act 2009, the Minister shall prepare a scheme specifying 2 or more categories of restrictions and conditions that may be imposed by post-release (restrictions on certain activities) orders and lay a draft of the scheme before each House of the Oireachtas.

(b) If the draft of the scheme, so laid, is approved by a resolution passed by each such House, the Minister shall make the scheme as soon as practicable thereafter.

(11) In this section “home”, in relation to the offender, means his or her sole or main residence or, if he or she has no such residence, his or her most usual place of abode or, if he or she has no such abode, the place which he or she regularly visits.]

Annotations

Amendments:

F9
Inserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 14(1), commenced on enactment.

F10
Substituted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (26/2023), s. 5(b)(i), (iii), S.I. No. 525 of 2023, art. 3(b).

F11
Inserted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (26/2023), s. 5(b)(ii), S.I. No. 525 of 2023, art. 3(b).

F12
Substituted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref. 25, subject to transitional provisions in ss. 13, 26, not commenced as of date of revision.

Modifications (not altering text):

C4
Prospective affecting provision: subs. (7) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref. 25, not commenced as of date of revision, subject to transitional provisions in ss. 13, 26.

(7) An application under subsection (6) shall be made on notice to an inspector of the Garda Síochána F12[in the Garda division] in which the offender ordinarily resided at the time that the order was made or, if appropriate, an inspector of the Garda Síochána F12[in the Garda division] in which the home of the offender is located at the time of the application.

Editorial Notes:

E5
Power pursuant to subs. (10) exercised (5.07.2010) by Post-Release (Restrictions on Certain Activities) Orders Scheme 2010 (S.I. No. 330 of 2010).

Amendment of Criminal Justice (Legal Aid) Act 1962.

27.— The Criminal Justice (Legal Aid) Act 1962 is amended—

(a) by the insertion of the following sections after section 6:

“

Legal aid (monitoring order) certificate.

6A.— (1) Where—

(a) a monitoring order has been made in relation to a person, and

(b) a certificate for free legal aid (in this Act referred to as a ‘legal aid (monitoring order) certificate’) is granted in respect of him or her by the court to which an application is made to vary or revoke the order,

the person shall be entitled to free legal aid in the preparation and conduct of an application under section 26(8) of the Criminal Justice Act 2007 to vary or revoke the order and to have a solicitor and, if the court considers it appropriate, counsel assigned to him or her for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.

(2) A legal aid (monitoring order) certificate shall be granted in relation to a person in respect of whom a monitoring order has been made if (but only if)—

(a) application is made therefor,

(b) it appears to the court to which the application is made to vary or revoke the order that—

(i) the means of the person are insufficient to enable him or her to obtain legal aid, and

(ii) by reason of the conditions specified in the order or of exceptional circumstances, it is essential in the interests of justice that the person should have legal aid in the preparation and conduct of the application to vary or revoke the order.

(3) In this section ‘monitoring order’ has the meaning it has in section 26 of the Criminal Justice Act 2007.

Legal aid (protection of persons order) certificate.

6B.— (1) Where—

(a) a protection of persons order has been made in relation to a person, and

(b) a certificate for free legal aid (in this Act referred to as a ‘legal aid (protection of persons order) certificate’) is granted in respect of him or her by the court to which an application is made to vary or revoke the order,

(2) A legal aid (protection of persons order) certificate shall be granted in respect of a person in relation to whom a protection of persons order has been made if (but only if)—

(a) application is made therefor,

(b) it appears to the court to which the application is made to vary or revoke the order that—

(i) the means of the person are insufficient to enable him or her to obtain legal aid, and

(3) In this section ‘protection of persons order’ has the meaning it has in section 26 of the Criminal Justice Act 2007.”,

(b) in section 7, by the addition of the following subsection:

“(3) Where a legal aid (monitoring order) certificate or a legal aid (protection of persons order) certificate has been granted in respect of a person, any fees, costs or other expenses properly incurred in preparing and conducting the person’s application to vary or revoke the monitoring order or the protection of persons order to which the certificate relates shall, subject to the regulations under section 10 of this Act, be paid out of moneys provided by the Oireachtas.”,

and

(c) in section 9(2), by the substitution of “, a legal aid (Supreme Court) certificate, a legal aid (monitoring order) certificate or a legal aid (protection of persons order) certificate” for “or a legal aid (Supreme Court) certificate”.

General Criteria

CRIMINAL JUSTICE ADMINISTRATION ACT 1914

Power to send youthful delinquents to Borstal institutions.

Power to order detention for one day in precincts of the court.

Substitution of police custody for imprisonment in case of short sentences.

Extension of powers to deal with cases summarily.

Imprisonment.

Commitment and removal of prisoners.

Consecutive sentences of imprisonment.

CRIMINAL JUSTICE ACT 1984

Offences committed while on bail: consecutive sentences.

Increase of aggregate term of imprisonment in certain cases.

Failure to surrender to bail.

Increase of penalties for certain firearms offences.

Withholding information regarding firearms or ammunition.

Maximum fine on summary conviction of certain indictable offences.

CRIMINAL JUSTICE ACT 1993

Interpretation.

Review of certain sentences.

Minor and consequential provisions.

Effect of certain offences on persons in respect of whom committed.

Evidence through television link.

Evidence through intermediary.

Compensation order.

Payment of compensation to District Court clerks for transmission, and attachment of earnings orders.

Suspension of compensation order pending appeal.

Effect of compensation order on civil proceedings.

Service of documents.

CRIMINAL JUSTICE ACT 2006

Definitions (Part 10).

Power to suspend sentence.

Imposition of fine and deferral of sentence.

Restriction on movement order.

Electronic monitoring of restriction on movement order.

Variation of restriction on movement order.

Provisions regarding more than one restriction on movement order.

Non-compliance with restriction on movement order.

Amendment of section 5 of Criminal Justice Act 1951.

Documentary evidence in relation to offenders.

Temporary release of prisoners.

Documentary evidence in relation to prisoners on temporary release.

Amendment of section 2(1) of Criminal Justice Act 1960.

Regulations regarding electronic monitoring devices.

Electronic monitoring.

CRIMINAL JUSTICE ACT 2007

Interpretation (Part 3).

Commission of another offence within specified period.

Monitoring orders and protection of persons orders.

Post-release orders in cases of certain offences.

Legal aid (monitoring order) certificate.

Legal aid (protection of persons order) certificate.

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