Number 26 of 2006

CRIMINAL JUSTICE ACT 2006

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1 . Short title and commencement.

2 . Interpretation.

3 . Regulations.

4 . Expenses.

PART 2

Investigation of Offences

5 . Designation of place as crime scene.

6 . Search warrants in relation to arrestable offences.

7 . Power to seize and retain evidence.

8 . Arrestable offences.

9 . Amendment of section 4 of Act of 1984.

10 . Amendment of Criminal Justice (Drug Trafficking) Act 1996.

11 . Amendment of section 42 of Criminal Justice Act 1999.

12 . Power of Garda Síochána to photograph arrested persons.

13 . Amendment of Act of 1984.

14 . Amendment of Criminal Justice (Forensic Evidence) Act 1990.

PART 3

Admissibility of Certain Witness Statements

15 . Definitions ( Part 3 ).

16 . Admissibility of certain witness statements.

17 . Witness statements made to members of Garda Síochána.

18 . Other witness statements.

19 . Regulations concerning certain witness statements which are recorded.

20 . Amendment of section 4E of Act of 1967.

PART 4

Appeals in Certain Criminal Proceedings

21 . Reference of question of law to Supreme Court.

22 . Decision of Court of Criminal Appeal final save on certificate of Court, Attorney General or Director of Public Prosecutions.

23 . Amendment of section 2(2) of Criminal Justice Act 1993.

24 . Appeal against order for costs.

PART 5

Amendment of Firearms Acts

25 . Definitions ( Part 5 ).

26 . Amendment of section 1 of Principal Act.

27 . Amendment of section 2 of Principal Act.

28 . New section 2A in Principal Act.

29 . New section 2B in Principal Act.

30 . Substitution of section 3 of Principal Act.

31 . New section 3A in Principal Act.

32 . Substitution of section 4 of Principal Act.

33 . New section 4A in Principal Act.

34 . New section 4B in Principal Act.

35 . Substitution of section 5 of Principal Act.

36 . Amendment of section 6 of Principal Act.

37 . Amendment of section 8 of Principal Act.

38 . Amendment of section 9 of Principal Act.

39 . Amendment of section 10 of Principal Act.

40 . New section 10A in Principal Act.

41 . Amendment of section 11 of Principal Act.

42 . Substitution of section 15 of Principal Act.

43 . New section 15A in Principal Act.

44 . Amendment of section 17 of Principal Act.

45 . Substitution of section 25 of Principal Act.

46 . New section 25A of Principal Act.

47 . New section 25B in Principal Act.

48 . New section 25C in Principal Act.

49 . New section 25D in Principal Act.

50 . Substitution of section 27 of Principal Act.

51 . New section 27A in Principal Act.

Amendment of Firearms Act 1964

52 . Amendment of section 1 of Firearms Act 1964.

53 . Substitution of section 9 of Firearms Act 1964.

54 . Amendment of section 11 of Firearms Act 1964.

55 . Amendment of section 13 of Firearms Act 1964.

56 . Amendment of section 21 of Firearms Act 1964.

57 . Substitution of section 26 of Firearms Act 1964.

58 . Substitution of section 27 of Firearms Act 1964.

59 . Substitution of section 27A of Firearms Act 1964.

60 . Substitution of section 27B of Firearms Act 1964.

61 . New section 27C in Firearms Act 1964.

Amendment of Criminal Justice Act 1984

62 . Amendment of section 15 of Criminal Justice Act 1984.

Amendment of Firearms and Offensive Weapons Act 1990

63 . Amendment of Firearms and Offensive Weapons Act 1990.

64 . New section 8A of Firearms and Offensive Weapons Act 1990.

65 . New section 12A in Firearms and Offensive Weapons Act 1990.

66 . Amendment of section 1 of Firearms (Firearm Certificates for Non-Residents) Act 2000.

67 . Amendment of section 2 of Firearms (Firearm Certificates for Non-Residents) Act 2000.

PART 6

Amendment of Explosives Act 1875

68 . Substitution of section 80 of Explosives Act 1875.

69 . Other amendments of Explosives Act 1875.

PART 7

Organised Crime

70 . Interpretation ( Part 7 ).

71 . Offence of conspiracy.

72 . Organised crime.

73 . Commission of offence for criminal organisation.

74 . Proceedings relating to offences committed outside State.

75 . Evidence in proceedings under this Part.

76 . Liability for offences by bodies corporate.

77 . Double jeopardy.

78 . Amendment of Act of 1967.

79 . Amendment of Schedule to Bail Act 1997.

PART 8

Misuse of Drugs

80 . Definition.

81 . Amendment of section 15A of Act of 1977.

82 . Importation of controlled drugs in excess of certain value.

83 . Supply of controlled drugs into prisons and places of detention.

84 . Amendment of section 27 of Act of 1977.

85 . Amendment of section 29 of Act of 1977.

86 . Amendment of section 3(1) of Criminal Justice Act 1994.

PART 9

Obligations of Drug Trafficking Offenders to Notify Certain Information

87 . Definitions ( Part 9 ).

88 . Drug trafficking offences for purposes of this Part.

89 . Persons subject to the requirements of this Part.

90 . Period for which person is subject to requirements of this Part and related matters.

91 . Supply of information to facilitate compliance with this Part.

92 . Notification requirements.

93 . Discharge from obligation to comply with requirements of this Part.

94 . Offences in connection with notification requirements.

95 . Application of this Part to persons convicted outside State.

96 . Certificate as evidence of person’s being subject to requirements of this Part.

97 . Proof of foreign conviction in certain cases.

PART 10

Sentencing

98 . Definitions ( Part 10 ).

99 . Power to suspend sentence.

100 . Imposition of fine and deferral of sentence.

101 . Restriction on movement order.

102 . Electronic monitoring of restriction on movement order.

103 . Variation of restriction on movement order.

104 . Provisions regarding more than one restriction on movement order.

105 . Non-compliance with restriction on movement order.

106 . Amendment of section 5 of Criminal Justice Act 1951.

107 . Documentary evidence in relation to offenders.

108 . Temporary release of prisoners.

109 . Documentary evidence in relation to prisoners on temporary release.

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

111 . Regulations regarding electronic monitoring devices.

112 . Electronic monitoring.

PART 11

Civil Proceedings in Relation to Anti-Social Behaviour

113 . Interpretation and application of this Part.

114 . Behaviour warnings.

115 . Civil orders.

116 . Appeals against a civil order.

117 . Offences.

118 . Legal aid.

119 . Regulations (legal aid).

PART 12

Amendment of Children Act 2001

120 . Interpretation ( Part 12 ).

121 . Amendment of section 2 of Act of 2001.

122 . Amendment of section 3 of Act of 2001.

123 . Substitution of section 18 of Act of 2001.

124 . Amendment of section 19 of Act of 2001.

125 . Amendment of section 23 of Act of 2001.

126 . Substitution of section 48 of Act of 2001.

127 . Substitution of section 49 of Act of 2001.

128 . Amendment of Title to Part 5 of Act of 2001.

129 . Substitution of section 52 of Act of 2001.

130 . Amendment of section 53 of Act of 2001.

131 . Amendment of section 59 of Act of 2001.

132 . New section 76A in Act of 2001.

133 . New section 76B in Act of 2001.

134 . New section 76C in Act of 2001.

135 . Substitution of section 88 of Act of 2001.

136 . Amendment of section 96 of Act of 2001.

137 . Change in title of principal probation and welfare officer.

138 . Amendment of section 91 of Act of 2001.

139 . Substitution of section 93 of Act of 2001.

140 . Amendment of section 136 of Act of 2001.

141 . Substitution of section 149 of Act of 2001.

142 . Amendment of section 155 of Act of 2001.

143 . New section 156A in Act of 2001.

144 . New section 156B in Act of 2001.

145 . Amendment of section 157 of Act of 2001.

146 . Substitution of section 159 of Act of 2001.

147 . New section 159A in Act of 2001.

148 . New section 159B in Act of 2001.

149 . Amendment of section 161 of Act of 2001.

150 . Amendment of section 165 of Act of 2001.

151 . Substitution of section 185 of Act of 2001.

152 . Substitution of section 186 of Act of 2001.

153 . New section 186A in Act of 2001.

154 . Substitution of section 198 of Act of 2001.

155 . Amendment of section 215 of Act of 2001.

156 . Amendment of section 227 of Act of 2001.

157 . Amendment of section 230 of Act of 2001.

158 . Minor and consequential amendments of Act of 2001.

PART 13

Anti-Social Behaviour by Children

159 . New section 257A in Act of 2001.

160 . New section 257B in Act of 2001.

161 . New section 257C in Act of 2001.

162 . New section 257D in Act of 2001.

163 . New section 257E in Act of 2001.

164 . New section 257F in Act of 2001.

165 . New section 257G in Act of 2001.

166 . New section 257H in Act of 2001.

PART 14

Criminal Law Codification Advisory Committee

167 . Criminal Law Codification Advisory Committee.

168 . Functions of Committee.

169 . Membership of Committee.

170 . Conditions of office of members of Committee.

171 . Vacancies among members of Committee.

172 . Meetings and procedure.

173 . Programme of Work of Committee.

174 . Funding of Committee.

175 . Report of Committee.

PART 15

Miscellaneous

176 . Reckless endangerment of children.

177 . Restriction of section 10(4) of Petty Sessions (Ireland) Act 1851.

178 . Amendment of Courts of Justice Act 1924.

179 . Amendment of Courts (Supplemental Provisions) Act 1961.

180 . Exercise of certain powers by judge of District Court outside district court district.

181 . Anonymity of certain witnesses.

182 . Information concerning property held in trust.

183 . Possession of article intended for use in connection with certain offences.

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

185 . Amendment of section 19 of Criminal Justice (Public Order) Act 1994.

186 . Amendment of section 1 of Criminal Justice (United Nations Convention Against Torture) Act 2000.

187 . Amendment of Offences Against the State Act 1939.

188 . Amendment of section 5 of Criminal Evidence Act 1992.

189 . Amendment of section 16B(7) of Proceeds of Crime Act 1996.

190 . Amendment of section 14 of Criminal Assets Bureau Act 1996.

191 . Amendment of section 5 of Prevention of Corruption (Amendment) Act 2001.

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

193 . Amendment of section 25 of Petty Sessions (Ireland) Act 1851.

194 . Execution of certain warrants.

195 . Imprisonment or distress and sale of goods on conviction on indictment in default of payment of fine.

196 . Amendment of section 6(2)(a) of Criminal Law Act 1976.

197 . Amendment of section 13 of the Criminal Law (Insanity) Act 2006.

SCHEDULE 1

Increase of Certain Penalties under Firearms Acts 1925 to 2000

SCHEDULE 2

Increase in Certain Penalties under Explosives Act 1875

SCHEDULE 3

Offences for the purposes of restriction on movement orders

SCHEDULE 4

Minor and Consequential Amendments of Children Act 2001

Acts Referred to

Number 26 of 2006

CRIMINAL JUSTICE ACT 2006

AN ACT TO AMEND AND EXTEND THE POWERS OF THE GARDA SÍOCHÁNA IN RELATION TO THE INVESTIGATION OF OFFENCES; TO AMEND CRIMINAL LAW AND PROCEDURE IN OTHER RESPECTS, INCLUDING PROVISION FOR THE ADMISSIBILITY IN EVIDENCE OF CERTAIN WITNESS STATEMENTS, AN EXTENSION OF THE CIRCUMSTANCES IN WHICH THE ATTORNEY GENERAL IN ANY CASE OR, IF HE OR SHE IS THE PROSECUTING AUTHORITY IN A TRIAL, THE DIRECTOR OF PUBLIC PROSECUTIONS MAY REFER A QUESTION OF LAW TO THE SUPREME COURT FOR DETERMINATION OR TAKE AN APPEAL IN CRIMINAL PROCEEDINGS, PROVISION FOR OFFENCES RELATING TO ORGANISED CRIME, AMENDMENTS TO THE MISUSE OF DRUGS ACT 1977, AN OBLIGATION, IN THE INTERESTS OF THE COMMON GOOD, ON PERSONS CONVICTED ON INDICTMENT OF CERTAIN DRUG TRAFFICKING OFFENCES TO NOTIFY CERTAIN INFORMATION TO THE GARDA SÍOCHÁNA, PROVISIONS IN RELATION TO SENTENCING, A RESTRICTION OF THE OFFENCES TO WHICH SECTION 10(4) OF THE PETTY SESSIONS (IRELAND) ACT 1851 APPLIES, AN AMENDMENT OF THE JURISDICTION OF THE DISTRICT COURT AND THE CIRCUIT COURT IN CRIMINAL MATTERS, THE IMPOSITION OF FIXED CHARGES IN RESPECT OF CERTAIN OFFENCES UNDER THE CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994 AND AN AMENDMENT OF THE PETTY SESSIONS (IRELAND) ACT 1851 RELATING TO THE ISSUE AND EXECUTION OF CERTAIN WARRANTS; TO AMEND THE FIREARMS ACTS 1925 TO 2000 AND THE EXPLOSIVES ACT 1875; TO MAKE PROVISION IN RELATION TO ANTI-SOCIAL BEHAVIOUR BY ADULTS AND CHILDREN; TO AMEND THE CHILDREN ACT 2001; TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS AN COISTE COMHAIRLEACH UM CHÓDÚ AN DLÍ CHOIRIÚIL OR, IN THE ENGLISH LANGUAGE AS, THE CRIMINAL LAW CODIFICATION ADVISORY COMMITTEE AND TO PROVIDE FOR RELATED MATTERS.

[16th July, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General

Short title and commencement.

1.— (1) This Act may be cited as the Criminal Justice Act 2006.

(2) This Act, other than Parts 11 and 13, shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) Parts 11 and 13 come into operation on such day or days as the Minister may, after consulting with the Commissioner of the Garda Síochána, appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(4) The Firearms Acts 1925 to 2000, Part 5 and Schedule 1 may be cited together as the Firearms Acts 1925 to 2006 and shall be construed together as one.

(5) The Explosives Act 1875, Part 6 and Schedule 2 may be cited together as the Explosives Acts 1875 and 2006 and shall be construed together as one.

(6) The collective citation “the Misuse of Drugs Acts 1977 to 2006” shall include Part II (other than section 7) of the Criminal Justice Act 1999 and Part 8 (other than section 86 ) and those Acts and those Parts (other than the sections specified) shall be construed together as one.

Interpretation.

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

“ Act of 1939 ” means the Offences Against the State Act 1939;

“ Act of 1967 ” means Criminal Procedure Act 1967;

“ Act of 1984 ” means Criminal Justice Act 1984;

“ arrestable offence ” has the meaning it has in section 2 (as amended by section 8 ) of the Criminal Law Act 1997;

“ Minister ” means Minister for Justice, Equality and Law Reform;

“ place ” includes a dwelling.

(2) In this Act, where the context so requires—

(a) a reference to an offence shall be construed as including a reference to a suspected offence, and

(b) a reference to the commission of an offence shall be construed as including a reference to the attempted commission of an offence.

Regulations.

3.— (1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

(2) Every regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Expenses.

4.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2

Investigation of Offences

Designation of place as crime scene.

5.— (1) Where a member of the Garda Síochána is in—

(a) a public place, or

(b) any other place under a power of entry authorised by law or to which or in which he or she was expressly or impliedly invited or permitted to be,

and he or she has reasonable grounds for believing that—

(i) an arrestable offence was, is being, or may have been committed in the place, or

(ii) there is, or may be, in the place evidence of, or relating to, the commission of an arrestable offence that was or may have been committed elsewhere,

he or she may, pending the giving of a direction under subsection (3) in relation to the place, take such of the steps specified in subsection (4) as he or she reasonably considers necessary to preserve any evidence of, or relating to, the commission of the offence.

(2) A member of the Garda Síochána who exercises powers under subsection (1) shall, as soon as reasonably practicable, request or cause a request to be made to a member of the Garda Síochána not below the rank of superintendent to give a direction under subsection (3) in relation to the place concerned.

(3) A member of the Garda Síochána not below the rank of superintendent may give a direction designating a place as a crime scene if he or she has reasonable grounds for believing that—

(a) either—

(i) an arrestable offence was, is being, or may have been committed in the place, or

(ii) there is, or may be, in the place evidence of, or relating to, the commission of an arrestable offence that was, or may have been, committed elsewhere,

and

(b) it is necessary to designate the place as a crime scene to preserve, search for and collect evidence of, or relating to, the commission of the offence.

(4) A direction under subsection (3) shall authorise such members of the Garda Síochána as a member of the Garda Síochána not below the rank of superintendent considers appropriate to take such steps, including all or any of the following, as they reasonably consider necessary to preserve, search for and collect evidence at the crime scene to which the direction relates:

(a) delineating and segregating the area of the crime scene by means of notices, markings or barriers;

(b) directing a person to leave the crime scene;

(c) removing a person who fails to comply with a direction to leave the crime scene;

(d) directing a person not to enter the crime scene;

(e) preventing a person from entering the crime scene;

(f) permitting a person authorised under subsection (5) to enter the crime scene;

(g) preventing a person from removing anything which is, or may be, evidence or otherwise interfering with the crime scene or anything at the scene;

(h) securing the crime scene from any unauthorised intrusion or disturbance;

(i) searching the crime scene and examining the scene and anything at the scene; and

(j) photographing or otherwise recording the crime scene or anything at the scene.

(5) A member of the Garda Síochána not below the rank of superintendent may authorise such persons as he or she considers appropriate to enter a crime scene for a specified purpose and for such period as he or she may determine.

(6) The period for which a direction under subsection (3) is in force shall not be longer than is reasonably necessary to preserve, search for and collect the evidence concerned.

(7) A direction under subsection (3) in relation to a place other than a public place shall, subject to subsections (9) to (11) , cease to be in force 24 hours after it is given.

(8) (a) A direction under subsection (3) may be given orally or in writing and, if it is given orally, shall be recorded in writing as soon as reasonably practicable but a failure to record the direction shall not by itself render any evidence inadmissible.

(b) A direction under subsection (3) or, if it is given orally, the written record of it shall be signed by the member of the Garda Síochána giving it, shall describe the place thereby designated as a crime scene, shall state the date and time when it is given, the name and rank of the member giving it and that the member has reasonable grounds for believing that the direction is necessary to preserve, search for and collect the evidence concerned.

(9) If a judge of the District Court is satisfied by information on oath of a member of the Garda Síochána not below the rank of superintendent that—

(a) a direction under subsection (3) designating a place as a crime scene is in force,

(b) there are reasonable grounds for believing that there is, or may be, evidence at the crime scene,

(c) the continuance of the direction in force is necessary to preserve, search for and collect any such evidence, and

(d) the investigation of the offence to which any such evidence relates is being conducted diligently and expeditiously,

the judge may make an order continuing the direction in force for such further period, not exceeding 48 hours, as may be specified in the order commencing upon the expiration of the period for which the direction is in force.

(10) A direction under subsection (3) may be continued in force under subsection (9) not more than three times.

(11) If the High Court is satisfied, upon application being made to it in that behalf by a member of the Garda Síochána not below the rank of superintendent, that—

(a) a direction under subsection (3) designating a place as a crime scene is in force,

(b) there are reasonable grounds for believing that there is, or may be, evidence at the crime scene,

(c) exceptional circumstances exist which warrant the continuance of the direction in force to preserve, search for and collect any such evidence, and

(d) the investigation of the offence to which any such evidence relates is being conducted diligently and expeditiously,

the Court may make an order continuing the direction in force for such period as it considers appropriate and that is specified in the order (whether or not the direction has been continued in force under subsection (9) ) commencing upon the expiration of the period for which the direction is in force.

(12) A member of the Garda Síochána who intends to make an application under subsection (9) or (11) shall, if it is reasonably practicable to do so before the application is made, give notice of it to—

(a) the occupier of the place the subject of the application, or

(b) if it is not reasonably practicable to ascertain the identity or whereabouts of the occupier or the place is unoccupied, the owner, unless it is not reasonably practicable to ascertain the identity or whereabouts of the owner.

(13) If, on an application under subsection (9) or (11) , the occupier or owner of the place concerned applies to be heard by the Court, an order shall not be made under subsection (9) or (11) , as may be appropriate, unless an opportunity has been given to the person to be heard.

(14) The High Court or a judge of the District Court, as may be appropriate, may attach such conditions as the Court or the judge considers appropriate to an order under subsection (9) or (11) for the purpose of protecting the interests of the occupier or owner of the place which is the subject of the order.

(15) A direction under subsection (3) shall be deemed to continue in force until the determination of an application under subsection (9) or (11) if—

(a) the direction is in force when the application is made, and

(b) the direction would, but for this subsection, expire before the determination of the application by reason of the fact that, pursuant to subsection (13) , an opportunity is given to a person to be heard.

(16) A person who obstructs a member of the Garda Síochána in the exercise of his or her powers under this section or who fails to comply with a direction under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.

(17) A member of the Garda Síochána may arrest without warrant any person whom the member reasonably suspects of committing or having committed an offence under subsection (16) .

(18) Nothing in this section shall prevent—

(a) the designation of a place as a crime scene, or

(b) a member of the Garda Síochána from taking any of the steps referred to in subsection (4) at a place so designated,

if the owner or occupier of the place consents to such designation or the taking of any of those steps.

(19) In this section—

“ evidence ” means evidence of, or relating to, the commission of an arrestable offence;

“ preserve ”, in relation to evidence, includes any action to prevent the concealment, loss, removal, contamination or destruction of, or damage or alteration to, the evidence.

Search warrants in relation to arrestable offences.

6.— (1) The Criminal Justice (Miscellaneous Provisions) Act 1997 is amended by—

(a) the substitution of the following section for section 10:

“Search warrants in relation to arrestable offences.

10.— (1) If a judge of the District Court is satisfied by information on oath of a member not below the rank of sergeant that there are reasonable grounds for suspecting that evidence of, or relating to, the commission of an arrestable offence is to be found in any place, the judge may issue a warrant for the search of that place and any persons found at that place.

(2) A search warrant under this section shall be expressed, and shall operate, to authorise a named member, accompanied by such other members or persons or both as the member thinks necessary—

(a) to enter, at any time or times within one week of the date of issue of the warrant, on production if so requested of the warrant, and if necessary by the use of reasonable force, the place named in the warrant,

(b) to search it and any persons found at that place, and

(c) to seize anything found at that place, or anything found in the possession of a person present at that place at the time of the search, that that member reasonably believes to be evidence of, or relating to, the commission of an arrestable offence.

(3) A member acting under the authority of a search warrant under this section may—

(a) require any person present at the place where the search is being carried out to give to the member his or her name and address, and

(b) arrest without warrant any person who—

(i) obstructs or attempts to obstruct the member in the carrying out of his or her duties,

(ii) fails to comply with a requirement under paragraph (a), or

(iii) gives a name or address which the member has reasonable cause for believing is false or misleading.

(4) A person who obstructs or attempts to obstruct a member acting under the authority of a search warrant under this section, who fails to comply with a requirement under subsection (3)(a) or who gives a false or misleading name or address to a member shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.

(5) The power to issue a warrant under this section is without prejudice to any other power conferred by statute to issue a warrant for the search of any place or person.

(6) In this section—

‘ arrestable offence’ has the meaning it has in section 2 (as amended by section 8 of the Criminal Justice Act 2006) of the Criminal Law Act 1997;

‘ place’ means a physical location and includes—

(a) a dwelling, residence, building or abode,

(b) a vehicle, whether mechanically propelled or not,

(c) a vessel, whether sea-going or not,

(d) an aircraft, whether capable of operation or not, and

(e) a hovercraft.”,

and

(b) the deletion of the First Schedule.

(2) This section shall not affect the validity of a warrant issued under section 10 of the Criminal Justice (Miscellaneous Provisions) Act 1997 before the commencement of this section and such a warrant shall continue in force in accordance with its terms after such commencement.

Power to seize and retain evidence.

7.— (1) Where a member of the Garda Síochána who is in—

(a) a public place, or

(b) any other place under a power of entry authorised by law or to which or in which he or she was expressly or impliedly invited or permitted to be,

finds or comes into possession of any thing, and he or she has reasonable grounds for believing that it is evidence of, or relating to, the commission of an arrestable offence, he or she may seize and retain the thing for use as evidence in any criminal proceedings for such period from the date of seizure as is reasonable or, if proceedings are commenced in which the thing so seized is required for use in evidence, until the conclusion of the proceedings, and thereafter the Police (Property) Act 1897 shall apply to the thing so seized in the same manner as that Act applies to property which has come into the possession of the Garda Síochána in the circumstances mentioned in that Act.

(2) If it is represented or appears to a member of the Garda Síochána proposing to seize or retain a document under this section that the document was, or may have been, made for the purpose of obtaining, giving or communicating legal advice from or by a barrister or solicitor, the member shall not seize or retain the document unless he or she suspects with reasonable cause that the document was not made, or is not intended, solely for any of the purposes aforesaid.

(3) The power under this section to seize and retain evidence is without prejudice to any other power conferred by statute or otherwise exercisable by a member of the Garda Síochána to seize and retain evidence of, or relating to, the commission or attempted commission of an offence.

Arrestable offences.

8.— Section 2(1) of the Criminal Law Act 1997 is amended in the definition of “arrestable offence” by the substitution of “under or by virtue of any enactment or the common law” for “under or by virtue of any enactment”.

Amendment of section 4 of Act of 1984.

9.— Section 4 of the Act of 1984 is amended—

(a) in subsection (1), by the substitution of “under or by virtue of any enactment or the common law” for “under or by virtue of any enactment”,

(b) by the substitution of the following subsection for subsection (2):

“(2) (a) Where a member of the Garda Síochána arrests without warrant, whether in a Garda Síochána station or elsewhere, a person whom he or she, with reasonable cause, suspects of having committed an offence to which this section applies, the person—

(i) if not already in a Garda Síochána station, may be taken to and detained in a Garda Síochána station, or

(ii) if he or she is arrested in a Garda Síochána station, may be detained in the station,

for such period as is authorised by this section if the member of the Garda Síochána in charge of the station to which the person is taken on arrest or in which he or she is arrested has at the time of the person's arrival at the station or his or her arrest in the station, as may be appropriate, reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence.

(b) Where a member of the Garda Síochána arrests a person pursuant to an authority of a judge of the District Court under section 10(1), the person may be taken to and detained in a Garda Síochána station for such period as is authorised by this section if the member of the Garda Síochána in charge of the station to which the person is taken on arrest has at the time of the person's arrival at the station reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence.”,

(c) in subsection (3)—

(i) by the insertion of the following paragraph after paragraph (b):

“(bb) A member of the Garda Síochána not below the rank of chief superintendent may direct that a person detained pursuant to a direction under paragraph (b) be detained for a further period not exceeding twelve hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.”,

(ii) in paragraph (c), by the substitution of “paragraph (b) or (bb)” for “paragraph (b)”,

and

(d) in subsection (9), by the substitution of “for longer than twenty-four hours” for “for longer than twelve hours”.

Amendment of Criminal Justice (Drug Trafficking) Act 1996.

10.— The Criminal Justice (Drug Trafficking) Act 1996 is amended—

(a) in section 2—

(i) in subsection (1), by the substitution of the following paragraph for paragraph (a):

“(a) Where a member of the Garda Síochána arrests without warrant, whether in a Garda Síochána station or elsewhere, a person (an ‘arrested person’) whom he or she, with reasonable cause, suspects of having committed a drug trafficking offence, the arrested person—

(i) if not already in a Garda Síochána station, may be taken to and detained in a Garda Síochána station, or

(ii) if he or she is arrested in a Garda Síochána station, may be detained in the station,

for a period or periods authorised by subsection (2) if the member of the Garda Síochána in charge of the station to which the arrested person is taken on arrest or in which he or she is arrested has at the time of the arrested person's arrival at the station or his or her arrest in the station, as may be appropriate, reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence.”,

(ii) by the insertion of the following subsection after subsection (7):

“(7A) Notwithstanding subsections (2) and (7), if—

(a) an application is made under subsection (2) for a warrant authorising the detention for a further period of a person detained under that subsection, and

(b) the period of detention under that subsection has not expired at the commencement of the hearing of the application but would, but for this subsection, expire during that hearing,

it shall be deemed not to expire until the determination of the application.”,

and

(b) in section 4(3), by the insertion of the following paragraph as paragraph (a) and the re-lettering of paragraphs (a) and (b) as paragraphs (b) and (c):

“(a) the substitution for paragraph (a) in subsection (1) of the following paragraph:

‘(a) Where a member of the Garda Síochána arrests a person (an “arrested person”) under a warrant issued pursuant to section 4(1), the arrested person may be taken to and detained in a Garda Síochána station for a period or periods authorised by subsection (2) if the member of the Garda Síochána in charge of the station to which the arrested person is taken on arrest has at the time of the arrested person's arrival at the station reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence.’.”.

Amendment of section 42 of Criminal Justice Act 1999.

11.— Section 42 of the Criminal Justice Act 1999 is amended—

(a) in subsection (2), by the deletion of subsection (2) and substitution with the following:

“(2) A member of an Garda Síochána may arrest a prisoner on the authority of a judge of the District Court who is satisfied, on information supplied on oath by a member of the Garda Síochána not below the rank of superintendent, that the following conditions are fulfilled:

(a) there are reasonable grounds for suspecting that the prisoner has committed an offence or offences other than the offence or offences in connection with which he or she is imprisoned;

(b) the arrest of the prisoner is necessary for the proper investigation of the offence or offences that he or she is suspected of having committed; and

(c) where the prisoner has previously been arrested for the same offence or offences, whether prior to his or her imprisonment or under this section, further information has come to the knowledge of the Garda Síochána since that arrest as to the prisoner’s suspected participation in the offence or offences for which his or her arrest is sought.”,

and

(b) in subsection (5)—

(i) in paragraph (a), by the substitution of “the offence or offences in respect of which he or she was arrested” for “the offence in respect of which he or she was arrested”, and

(ii) in paragraph (b), by the substitution of “the proper investigation of that offence or those offences” for “the proper investigation of that offence”.

Power of Garda Síochána to photograph arrested persons.

12.— (1) Where a person is arrested by a member of the Garda Síochána under any power conferred on him or her by law, the member may photograph the person or cause him or her to be photographed in a Garda Síochána station as soon as may be after his or her arrest for the purpose of assisting with the identification of him or her in connection with any proceedings that may be instituted against him or her for the offence in respect of which he or she is arrested.

(2) The power conferred by subsection (1) shall not be exercised except on the authority of a member of the Garda Síochána not below the rank of sergeant.

(3) An authority under subsection (2) may be given orally but, if it is given orally, it shall be confirmed in writing as soon as practicable.

(4) The provisions of section 8 of the Act of 1984 shall apply to photographs (including negatives) taken pursuant to this section as they apply to photographs taken pursuant to section 6 of that Act subject to the modification that the reference in section 8(2) of that Act to proceedings for an offence to which section 4 of that Act applies shall be construed as a reference to proceedings for an offence in respect of which the person concerned is arrested, and any other necessary modifications.

(5) A person who refuses to allow himself or herself to be photographed pursuant to this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.

(6) The power conferred by this section is without prejudice to any other power exercisable by a member of the Garda Síochána to photograph a person.

Amendment of Act of 1984.

13.— The Act of 1984 is amended—

(a) in section 6(4), by the substitution of “€3,000” for “£1,000”,

(b) in section 8—

(i) in subsection (2), by the substitution of “within the period of twelve months” for “within the period of six months”,

(ii) by the substitution of the following subsections for subsection (3):

“(3) Where proceedings have been so instituted and—

(a) the person is acquitted,

(b) the charge against the person in respect of the offence concerned is dismissed under section 4E of the Criminal Procedure Act 1967, or

(c) the proceedings are discontinued,

the destruction shall be carried out on the expiration of a period of 21 days after the acquittal, dismissal or discontinuance, as the case may be.

(3A) For the purposes of subsection (3)(b), a charge against the person in respect of the offence concerned shall be regarded as dismissed when—

(a) the time for bringing an appeal against the dismissal has expired,

(b) any such appeal has been withdrawn or abandoned, or

(c) on any such appeal, the dismissal is upheld.”,

and

(iii) in subsection (7)—

(I) by the substitution of “for a period not exceeding twelve months” for “for a period not exceeding six months”, and

(II) by the substitution of “for the purpose of proceedings or further proceedings” for “for the purpose of further proceedings”,

and

(c) in section 28(4), by the substitution of “€3,000” for “£1,500”.

Amendment of Criminal Justice (Forensic Evidence) Act 1990.

14.— The Criminal Justice (Forensic Evidence) Act 1990 is amended—

(a) in section 2—

(i) in subsection (1)—

(I) by the substitution of “the provisions of subsections (4) to (8A)” for “the provisions of subsections (4) to (8)”,

(II) by the substitution of the following paragraph for paragraph (b):

“(b) a swab from any part of the body including the mouth but not from any other body orifice or a genital region,”,

(III) by the substitution of the following paragraph for paragraph (c):

“(c) a swab from a body orifice, other than the mouth, or a genital region,”,

(IV) in paragraph (e), by the deletion of “or mouth”,

(ii) by the insertion of the following subsection after subsection (1):

“(1A) A reference in subsection (1) of this section to the mouth shall be read as including a reference to the inside of the mouth.”,

(iii) in subsection (2), by the substitution of “the provisions of subsections (3) to (8A)” for “the provisions of subsections (3) to (8)”,

(iv) in subsection (4)(b), by the substitution of “subparagraph (i), (ii) or (iii) of paragraph (a) of subsection (1) of this section” for “subparagraph (i), (ii), (iii) or (iv) of paragraph (a) of subsection (1) of this section”,

(v) in subsection (5), by the insertion in paragraph (a)(ii) after “applies” of “or a drug trafficking offence within the meaning of section 3(1) of the Criminal Justice Act 1994”,

(vi) by the insertion of the following subsection after subsection (8):

“(8A) Where a sample of hair other than pubic hair is taken in accordance with this section—

(a) the sample may be taken by plucking hairs with their roots and, in so far as it is reasonably practicable, the hairs shall be plucked singly, and

(b) no more hairs shall be plucked than the person taking the sample reasonably considers to be necessary to constitute a sufficient sample for the purpose of forensic testing.”,

(vii) in subsection (9), by the substitution of “€3,000” for “£1,000”,

(b) in section 4—

(i) in subsection (2), by the substitution of “within twelve months from the taking of the sample” for “within six months from the taking of the sample”, and

(ii) by the substitution of the following subsections for subsection (3):

“(3) Where proceedings have been so instituted and—

(a) the person is acquitted,

(b) the charge against the person in respect of the offence concerned is dismissed under section 4E of the Criminal Procedure Act 1967, or

(c) the proceedings are discontinued,

the destruction of the record and the sample identified by such record shall be carried out on the expiration of twenty-one days after the acquittal, dismissal or discontinuance, as the case may be, unless an order has been made under subsection (5) of this section.

(3A) For the purposes of subsection (3)(b) of this section, a charge against the person in respect of the offence concerned shall be regarded as dismissed when—

(a) the time for bringing an appeal against the dismissal has expired,

(b) any such appeal has been withdrawn or abandoned, or

(c) on any such appeal, the dismissal is upheld.”,

(c) in section 5(2), by the deletion of “and” at the end of paragraph (a) and the insertion of the following paragraph after paragraph (a):

“(aa) make provision for—

(i) the manner in which samples may be taken,

(ii) the location and physical conditions in which samples may be taken, and

(iii) the persons (including members of the Garda Síochána), and the number of such persons, who may be present when samples are taken, and”.

PART 3

Admissibility of Certain Witness Statements

Definitions ( Part 3 ).

15.— In this Part—

“ audiorecording ” includes a recording, on any medium, from which sound may by any means be produced, and cognate words shall be construed accordingly;

“ proceedings ” includes proceedings under section 4E (application by accused for dismissal of charge) of the Act of 1967 where oral evidence (within the meaning of subsection (5) of that section) is given;

“ statement ” means a statement the making of which is duly proved and includes—

(a) any representation of fact, whether in words or otherwise,

(b) a statement which has been videorecorded or audiorecorded, and

(c) part of a statement;

“statutory declaration” includes a statutory declaration made under section 17 or 18;

“ videorecording ” includes a recording, on any medium, from which a moving image may by any means be produced, together with the accompanying soundrecording, and cognate words shall be construed accordingly.

Admissibility of certain witness statements.

16.— (1) Where a person has been sent forward for trial for an arrestable offence, a statement relevant to the proceedings made by a witness (in this section referred to as “the statement”) may, with the leave of the court, be admitted in accordance with this section as evidence of any fact mentioned in it if the witness, although available for cross-examination—

(a) refuses to give evidence,

(b) denies making the statement, or

(c) gives evidence which is materially inconsistent with it.

(2) The statement may be so admitted if—

(a) the witness confirms, or it is proved, that he or she made it,

(b) the court is satisfied—

(i) that direct oral evidence of the fact concerned would be admissible in the proceedings,

(ii) that it was made voluntarily, and

(iii) that it is reliable,

and

(c) either—

(i) the statement was given on oath or affirmation or contains a statutory declaration by the witness to the effect that the statement is true to the best of his or her knowledge or belief, or

(ii) the court is otherwise satisfied that when the statement was made the witness understood the requirement to tell the truth.

(3) In deciding whether the statement is reliable the court shall have regard to—

(a) whether it was given on oath or affirmation or was videorecorded, or

(b) if paragraph (a) does not apply in relation to the statement, whether by reason of the circumstances in which it was made, there is other sufficient evidence in support of its reliability,

and shall also have regard to—

(i) any explanation by the witness for refusing to give evidence or for giving evidence which is inconsistent with the statement, or

(ii) where the witness denies making the statement, any evidence given in relation to the denial.

(4) The statement shall not be admitted in evidence under this section if the court is of opinion—

(a) having had regard to all the circumstances, including any risk that its admission would be unfair to the accused or, if there are more than one accused, to any of them, that in the interests of justice it ought not to be so admitted, or

(b) that its admission is unnecessary, having regard to other evidence given in the proceedings.

(5) In estimating the weight, if any, to be attached to the statement regard shall be had to all the circumstances from which any inference can reasonably be drawn as to its accuracy or otherwise.

(6) This section is without prejudice to sections 3 to 6 of the Criminal Procedure Act 1865 and section 21 (proof by written statement) of the Act of 1984.

Witness statements made to members of Garda Síochána.

17.— (1) A person who makes a statement to a member of the Garda Síochána during the investigation of an arrestable offence (not being a person who is at that time suspected by any such member of having committed it) may make a statutory declaration that the statement is true to the best of the person's knowledge and belief.

(2) For the purposes of section 1(1)(d) of the Statutory Declarations Act 1938 a member of the Garda Síochána may take and receive a statutory declaration made under subsection (1) .

(3) Instead of taking and receiving such a statutory declaration the member may take the person's statement on oath or affirmation and for that purpose may administer the oath or affirmation to him or her.

Other witness statements.

18.— (1) In this section—

“ competent person ” means a person employed by a public authority and includes an immigration officer who is deemed to have been appointed as such an officer under section 3 of the Immigration Act 2004;

“ public authority ” means—

(a) a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

(c) a local authority within the meaning of the Local Government Act 2001,

(d) the Health Service Executive,

(e) a harbour authority within the meaning of the Harbours Act 1946,

(f) a board or other body (not being a company) established by or under statute,

(g) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or

(h) a company in which all the shares are held by a board or other body referred to in paragraph (f) , or by a company referred to in paragraph (g) .

(2) A person who makes a statement to a competent person in the course of the performance of the competent person’s official duties may make a statutory declaration that the statement is true to the best of the person's knowledge and belief.

(3) For the purposes of section 1(1)(d) of the Statutory Declarations Act 1938 a competent person may take and receive a statutory declaration made under subsection (2) .

Regulations concerning certain witness statements which are recorded.

19.— (1) The Minister may, in relation to any statements of witnesses that may be videorecorded or audiorecorded by members of the Garda Síochána while investigating offences, make provision in regulations for—

(a) the manner in which any such recordings are to be made and preserved, and

(b) the period for which they are to be retained.

(2) Any failure by a member of the Garda Síochána to comply with a provision of the regulations shall not of itself—

(a) render the member liable to civil or criminal proceedings, or

(b) without prejudice to the power of a court to exclude evidence at its discretion, render inadmissible in evidence anything said during the recording concerned.

Amendment of section 4E of Act of 1967.

20.— Section 4E (application by accused for dismissal of charge) of the Act of 1967 is amended in subsection (5)(b)—

(a) by the substitution of “section 4F, or” for “section 4F.” in subparagraph (ii), and

(b) by the addition of the following subparagraph:

“(iii) any other videorecording, or an audiorecording, which may be admitted by the trial court as evidence of any fact stated in it.”.

PART 4

Appeals in Certain Criminal Proceedings

Reference of question of law to Supreme Court.

21.— The Act of 1967 is amended by the substitution of the following section for section 34:

“Reference of question of law to Supreme Court.

34.— (1) Where a person tried on indictment is acquitted (whether in respect of the whole or part of the indictment) the Attorney General in any case or, if he or she is the prosecuting authority in the trial, the Director of Public Prosecutions may, without prejudice to the verdict or decision in favour of the accused person, refer a question of law arising during the trial to the Supreme Court for determination.

(2) Where a question of law is referred to the Supreme Court under subsection (1), the statement of the question shall be settled by the Attorney General or the Director of Public Prosecutions, as may be appropriate, after consultation with the trial judge concerned or, in the case of a Special Criminal Court, with the member of that Court who pronounced the decision of the Court in the trial concerned following consultation by that member with the other members of the Court concerned and shall include any observations which the judge or that member, as may be appropriate, may wish to add.

(3) For the purpose of considering a question referred to it under this section, the Supreme Court shall hear argument—

(a) by, or by counsel on behalf of, the Attorney General or the Director of Public Prosecutions, as may be appropriate,

(b) if the acquitted person so wishes, by counsel on his or her behalf or, with the leave of the Court, by the acquitted person himself or herself, and

(c) if counsel are assigned under subsection (4), such counsel.

(4) The Supreme Court shall assign counsel to argue in support of the decision if—

(a) the acquitted person waives his or her right to be represented or heard under subsection (3)(b), or

(b) notwithstanding the fact that the acquitted person exercises his or her right to be represented or heard under subsection (3)(b), the Court considers it desirable in the public interest to do so.

(5) The Supreme Court shall ensure, in so far as it is reasonably practicable to do so, that the identity of the acquitted person in proceedings under this section is not disclosed in connection with the proceedings unless the person agrees to the use of his or her name in the proceedings.

(6) If the acquitted person wishes to be represented in proceedings before the Supreme Court under this section and a legal aid (Supreme Court) certificate is granted under subsection (7), or is deemed to have been granted under subsection (8), in respect of him or her, he or she shall be entitled to free legal aid in the preparation and presentation of any argument that he or she wishes to make to the Court 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 the Criminal Justice (Legal Aid) Act 1962.

(7) The acquitted person may, in relation to proceedings under this section, apply for a legal aid (Supreme Court) certificate to the Supreme Court either—

(a) by letter addressed to the registrar of the Supreme Court setting out the facts of the case and the grounds of the application, or

(b) to the Supreme Court itself,

and the Court shall grant the certificate if (but only if) it appears to the Court that the means of the person are insufficient to enable him or her to obtain legal aid.

(8) If a legal aid (trial on indictment) certificate was granted in respect of the acquitted person in relation to the trial on indictment concerned, a legal aid (Supreme Court) certificate shall be deemed to have been granted in respect of him or her in relation to proceedings under this section.

(9) In this section ‘legal aid (Supreme Court) certificate’ and ‘legal aid (trial on indictment) certificate’ have the meanings they have in the Criminal Justice (Legal Aid) Act 1962.”.

Decision of Court of Criminal Appeal final save on certificate of Court, Attorney General or Director of Public Prosecutions.

22.— The Courts of Justice Act 1924 is amended by the substitution of the following section for section 29:

“Decision of Court of Criminal Appeal final save on certificate of Court, Attorney General or Director of Public Prosecutions.

29.— (1) No appeal shall lie to the Supreme Court from a determination by the Court of Criminal Appeal of any appeal or other matter except in accordance with this section.

(2) A person the subject of an appeal or other matter determined by the Court of Criminal Appeal may appeal the decision of that Court to the Supreme Court if that Court or the Attorney General in any case or, if he or she is the prosecuting authority in the matter, the Director of Public Prosecutions certifies that the decision involves a point of law of exceptional public importance and that it is desirable in the public interest that the person should take an appeal to the Supreme Court.

(3) The Attorney General in any case or, if he or she is the prosecuting authority in the matter, the Director of Public Prosecutions may, in relation to an appeal or other matter determined by the Court of Criminal Appeal and without prejudice to the decision in favour of the accused person, appeal the decision of that Court to the Supreme Court if that Court or the Attorney General in any case or, if he or she is the prosecuting authority in the matter, the Director of Public Prosecutions certifies that the decision involves a point of law of exceptional public importance and that it is desirable in the public interest that the Attorney General or the Director of Public Prosecutions, as may be appropriate, should take an appeal to the Supreme Court.

(4) The Supreme Court shall, in an appeal under subsection (3) of this section, hear argument—

(a) by, or by counsel on behalf of, the Attorney General or the Director of Public Prosecutions, as may be appropriate,

(b) if the accused person so wishes, by counsel on his or her behalf or, with the leave of the Court, by the accused person himself or herself, and

(c) if counsel are assigned under subsection (5) of this section, such counsel.

(5) The Supreme Court shall, in an appeal under subsection (3) of this section, assign counsel to argue in support of the decision if—

(a) the accused person waives his or her right to be represented or heard under subsection (4)(b) of this section, or

(b) notwithstanding the fact that the accused person exercises his or her right to be represented or heard under subsection (4)(b) of this section, the Court considers it desirable in the public interest to do so.

(6) The Supreme Court shall ensure, in so far as it is reasonably practicable to do so, that the identity of the accused person in an appeal under subsection (3) of this section is not disclosed in connection with the appeal unless the person agrees to the use of his or her name in the appeal.

(7) If the accused person wishes to be represented in an appeal under subsection (3) of this section and a legal aid (Supreme Court) certificate is granted under subsection (8) of this section, or is deemed to have been granted under subsection (9) of this section, in respect of him or her, he or she shall be entitled to free legal aid in the preparation and presentation of any argument that he or she wishes to make to the Court 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 the Criminal Justice (Legal Aid) Act 1962.

(8) The accused person may, in relation to an appeal under subsection (3) of this section, apply for a legal aid (Supreme Court) certificate to the Supreme Court either—

(a) by letter addressed to the registrar of the Supreme Court setting out the facts of the case and the grounds of the application, or

(b) to the Supreme Court itself,

and the Court shall grant the certificate if (but only if) it appears to the Court that the means of the person are insufficient to enable him or her to obtain legal aid.

(9) If a legal aid (trial on indictment) certificate was granted in respect of the accused person in relation to the trial on indictment concerned, a legal aid (Supreme Court) certificate shall be deemed to have been granted in respect of him or her in relation to an appeal under subsection (3) of this section.

(10) In this section ‘legal aid (Supreme Court) certificate’ and ‘legal aid (trial on indictment) certificate’ have the meanings they have in the Criminal Justice (Legal Aid) Act 1962.”.

Amendment of section 2(2) of Criminal Justice Act 1993.

23.— Section 2(2) of the Criminal Justice Act 1993 is amended by the insertion of “, or such longer period not exceeding 56 days as the Court may, on application to it in that behalf, determine,” after “within 28 days”.

Appeal against order for costs.

24.— (1) Where a person tried on indictment is acquitted (whether in respect of the whole or part of the indictment) the Attorney General or the Director of Public Prosecutions, as may be appropriate, may appeal against an order for costs made by the trial court against the Attorney General or the Director of Public Prosecutions in favour of the accused person to the Court of Criminal Appeal.

(2) An appeal under this section shall be made, on notice given to the accused person, within 28 days, or such longer period not exceeding 56 days as the trial court may, on application to it in that behalf, determine, from the day on which the order is made.

PART 5

Amendment of Firearms Acts

Definitions ( Part 5 ).

25.— In this Part “Principal Act” means the Firearms Act 1925.

Amendment of section 1 of Principal Act.

26.— Section 1 of the Principal Act is amended by the substitution of the following subsection for subsection (1):

“(1) In this Act—

“ ammunition ” (except where used in relation to a prohibited weapon) means ammunition for a firearm and includes—

(a) grenades, bombs and other similar missiles, whether or not capable of being used with a firearm,

(b) any ingredient or component part of any such ammunition or missile, and

(c) restricted ammunition, unless the context otherwise requires;

“ Commissioner ” means the Commissioner of the Garda Síochána or a member of the Garda Síochána, or members of a particular rank in the Garda Síochána, not below the rank of superintendent appointed in writing by the Commissioner for the purpose of performing any of the Commissioner’s functions under this Act;

“ firearm ” means—

(a) a lethal firearm or other lethal weapon of any description from which any shot, bullet or other missile can be discharged,

(b) an air gun (including an air rifle and air pistol) with a muzzle energy greater than one joule or any other weapon incorporating a barrel from which any projectile can be discharged with such a muzzle energy,

(c) a crossbow,

(d) any type of stun gun or other weapon for causing any shock or other disablement to a person by means of electricity or any other kind of energy emission,

(e) a prohibited weapon,

(f) any article which would be a firearm under any of the foregoing paragraphs but for the fact that, owing to the lack of a necessary component part or parts, or to any other defect or condition, it is incapable of discharging a shot, bullet or other missile or projectile or of causing a shock or other disablement, as the case may be,

(g) except where the context otherwise requires, any component part of any article referred to in any of the foregoing paragraphs and, without prejudice to the generality of the foregoing, the following articles shall be deemed to be such component parts:

(i) telescope sights with a light beam, or telescope sights with an electronic light amplification device or an infra-red device, designed to be fitted to a firearm specified in paragraph (a), (b), (c) or (e),

(ii) a silencer designed to be fitted to a firearm specified in paragraph (a), (b) or (e), and

(iii) any object—

(I) manufactured for use as a component in connection with the operation of a firearm, and

(II) without which it could not function as originally designed,

and

(h) a device capable of discharging blank ammunition and to be used as a starting gun or blank firing gun,

and includes a restricted firearm, unless otherwise provided or the context otherwise requires;

“ firearm certificate ” means a firearm certificate granted under this Act and, unless the context otherwise requires, includes a restricted firearm certificate, a firearms training certificate and a firearm certificate granted under the Firearms (Firearm Certificates for Non-Residents) Act 2000;

“ firearm dealer ” means a person who, by way of trade or business, manufactures, sells, lets on hire, repairs, tests, proves, purchases, or otherwise deals in firearms or ammunition;

“ firearms training certificate ” has the meaning given to it by section 2A of this Act;

“ issuing person ”, in relation to the grant or renewal of a firearm certificate, authorisation or licence, means, as the case may be, the Minister, the Commissioner or the superintendent of the Garda Síochána of the district where an applicant for or holder of the firearm certificate, authorisation or licence is residing;

“ Minister ” means the Minister for Justice, Equality and Law Reform;

“ muzzle energy ”, in relation to a firearm, means the energy of a projectile discharged by it, measured at its muzzle in joules;

“ prohibited weapon ” means and includes any weapon of whatever description designed for the discharge of any noxious liquid, noxious gas or other noxious thing, and also any ammunition (whether for any such weapon or any other weapon) which contains or is designed or adapted to contain any noxious liquid, noxious gas or other noxious thing;

“ place ” includes a dwelling;

“ prescribed ” means prescribed by regulations made under this Act;

“ registered firearms dealer ” means a firearms dealer who is for the time being registered in the register of firearms dealers established in pursuance of this Act;

“ restricted ammunition ” means ammunition which is declared under section 2B(b) of this Act to be restricted ammunition;

“ restricted firearm ” means a firearm which is declared under section 2B(a) of this Act to be a restricted firearm;

“ working mechanism ”, in relation to a firearm, includes the mechanism for loading, cocking and discharging it and ejecting spent ammunition.”.

Amendment of section 2 of Principal Act.

27.— Section 2 of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (2A):

“(2A) A person who is guilty of an offence under this section is liable—

(a) in case the firearm is a restricted firearm or the ammunition is restricted ammunition—

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

(ii) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment for a term not exceeding 7 years or both,

and

(b) in any other case—

(i) on summary conviction, to a fine not exceeding €2,500 or imprisonment for a term not exceeding 12 months or both, and

(ii) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 5 years or both.”,

(b) by the deletion of subsection (2B),

(c) in subsection (4)—

(i) by the deletion, in paragraph (c), of “this Act” and the insertion of “the Firearms Act 1964”,

(ii) by the substitution of the following paragraph for paragraph (d):

“(d) the possession, use or carriage of a firearm or ammunition during a competition or target practice at a club, shooting range or any other place that stands authorised under this section or section 4A of this Act”,

and

(iii) by the substitution of the following paragraphs for paragraph (j):

“(j) the possession or carriage of a firearm or ammunition by a person, or the employee of a person, authorised under section 10(4A) of this Act,

(k) the possession, use or carriage of a firearm or ammunition for the purpose of bird control at an airport by an employee or agent of the airport authority who stands authorised in that behalf under this section.”,

(d) in subsection (5)(a), by the deletion of “or (h)” and the insertion of “, (h) or (j)”,

(e) in subsection (5)(c), by the deletion of “rifle or other gun”, and

(f) by the addition of the following subsection:

“(6) In subsections (3)(g) and (4) (other than paragraphs (d), (i) and (k)), references to a firearm or ammunition do not include references to a restricted firearm or restricted ammunition.”.

New section 2A in Principal Act.

28.— The following section is inserted after section 2 of the Principal Act:

“Firearms training certificate.

2A.— (1) The Commissioner, on application and payment of the prescribed fee (if any), may issue to a person over 14 years of age a certificate (in this Act referred to as a “firearms training certificate”) authorising the person to possess a firearm and ammunition (except a restricted firearm and restricted ammunition) only while—

(a) carrying and using the firearm for hunting or target shooting—

(i) under the supervision of a specified person over 18 years of age who holds a firearm certificate in respect of it, and

(ii) where the firearm is used for target shooting, on the premises of an authorised rifle or pistol club or at an authorised shooting range or other place that stands authorised under section 2(5) of this Act,

and

(b) complying with such other conditions (if any) as the Commissioner may impose in the interests of public safety and security.

(2) Where the applicant is under 16 years of age, the application for a firearms training certificate shall be accompanied by the written consent of the applicant’s parent or guardian.

(3) The firearms training certificate shall be in the prescribed form.

(4) Where such an application is refused, the Commissioner shall inform the applicant in writing and give the reasons for the refusal.

(5) A firearms training certificate shall continue in force for a period of 3 years from the date on which it was granted, unless revoked.

(6) The Commissioner may revoke a firearms training certificate if of opinion that the holder is not complying, or has not complied, with the conditions subject to which the certificate was granted.

(7) A holder of a firearms training certificate who, without reasonable excuse, does not comply with the conditions subject to which the certificate was granted is guilty of an offence and liable on summary conviction—

(a) for a first offence, to a fine not exceeding €500, and

(b) for any subsequent offence, to a fine not exceeding €1,000.

(8) It is an offence under this Act for the holder of a firearm certificate in respect of the firearm to which the firearms training certificate relates to permit, without reasonable excuse, the holder of that certificate to carry or use the firearm while not under his or her supervision.”.

New section 2B in Principal Act.

29.— The following section is inserted after section 2A of the Principal Act:

“Restricted firearms and ammunition.

2B.— The Minister may, in the interests of public safety and security, by order—

(a) declare specified firearms to be restricted firearms for the purposes of this Act by reference to one or more than one of the following criteria:

(i) category;

(ii) calibre;

(iii) working mechanism;

(iv) muzzle energy;

(v) description;

and

(b) declare specified ammunition to be restricted ammunition for the purposes of this Act by reference to one or more than one of the following criteria:

(i) category;

(ii) calibre;

(iii) weight;

(iv) kinetic energy;

(v) ballistic co-efficient;

(vi) design;

(vii) composition;

(viii) description.”.

Substitution of section 3 of Principal Act.

30.— The following section is substituted for section 3 of the Principal Act:

“Applications for, and form and effect of, firearm certificates.

3.— (1) Application for a firearm certificate (other than a restricted firearm certificate) shall be made to the superintendent of the Garda Síochána of the district in which the applicant resides.

(2) Application for a restricted firearm certificate shall be made to the Commissioner.

(3) The application shall be in the prescribed form and be accompanied by—

(a) the prescribed fee (if any), and

(b) if the applicant intends to use the firearm to hunt and kill exempted wild mammals within the meaning of the Wildlife Act 1976 (other than hares), a current licence to do so under section 29(1) of that Act.

(4) The applicant shall supply in writing any further information that the superintendent or the Commissioner may require in the performance of his or her functions under this section.

(5) A firearm certificate shall be in the prescribed form and, subject to subsection (6) of this section, shall authorise the person to whom it is granted—

(a) to possess, use and carry the firearm specified in the certificate,

(b) to purchase ammunition for use in the firearm, and

(c) at any one time to possess or carry not more than the amount of ammunition specified in the certificate.

(6) Where the firearm is a shot-gun, the firearm certificate may, subject to subsection (11) of this section, authorise it to be used only for killing animals or birds other than protected wild animals or protected wild birds within the meaning of the Wildlife Act 1976 by the holder of the certificate either (as may be expressed in the certificate)—

(a) on land occupied by the holder, or

(b) on land occupied by another person.

(7) A firearm certificate which is in force shall continue in force for a period of 3 years from the date on which it was granted, unless revoked, and for any further such period for which it may be renewed.

(8) The holder of a firearm certificate may apply for renewal of the certificate within three months before it ceases to be in force.

(9) A decision on an application for a firearm certificate or its renewal shall be given within 3 months from the date on which the applicant submitted a completed application form.

(10) Where the application is refused, the applicant shall be informed in writing of the refusal and the reason for it.

(11) The following provisions have effect in relation to a certificate in the form referred to in subsection (6) of this section (in this subsection referred to as a “limited certificate”):

(a) a limited certificate relating to land occupied by a person other than the applicant for the certificate shall not be granted unless the occupier of the land has given the applicant a nomination in writing for holding the certificate;

(b) a limited certificate relating to any land shall not be granted in respect of any period if there is a limited certificate relating to the land already in force in respect of that period;

(c) a limited certificate shall not be granted unless the whole of the land to which it would relate is occupied by one person;

(d) where a nomination referred to in paragraph (a) of this subsection is revoked, the limited certificate to which it related, if then in force, shall not be capable of being renewed.

(12) A firearm in respect of which a firearm certificate is granted shall be marked in the prescribed manner with a number or other prescribed identifying mark, and the number or mark shall be entered on the certificate.

(13) A person who—

(a) knowingly gives false or misleading information to an issuing person in relation to an application for a firearm certificate or for its renewal,

(b) forges a document purporting to be a firearm certificate or uses or knowingly possesses it, or

(c) with intent to deceive, uses or alters a firearm certificate or uses a firearm certificate so altered,

is guilty of an offence and liable—

(i) on summary conviction, to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both, or

(ii) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment for a term not exceeding 5 years or both.

(14) Subsection (13) of this section is without prejudice to Part 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001.

(15) Section 12 (limited use of shot-gun) of the Firearms Act 1964 is repealed.”.

New section 3A in Principal Act.

31.— The following section is inserted after section 3 of the Principal Act:

“Issue of guidelines etc. by Commissioner.

3A.— (1) The Commissioner may, with the consent of the Minister, from time to time issue guidelines in relation to the practical application and operation of any provision of the Firearms Acts 1925 to 2006.

(2) In particular, the Commissioner may issue such guidelines in relation to applications for firearm certificates and authorisations under this Act and to the conditions which may be attached to those certificates and authorisations.”.

Substitution of section 4 of Principal Act.

32.— The following section is substituted for section 4 of the Principal Act:

“Conditions of grant of firearm certificate.

4.— (1) An issuing person shall not grant a firearm certificate unless he or she is satisfied that the applicant complies with the conditions referred to in subsection (2) and will continue to comply with them during the currency of the certificate.

(2) The conditions subject to which a firearm certificate may be granted are that, in the opinion of the issuing person, the applicant—

(a) has a good reason for requiring the firearm in respect of which the certificate is applied for,

(b) can be permitted to possess, use and carry the firearm and ammunition without danger to the public safety or security or the peace,

(c) is not a person declared by this Act to be disentitled to hold a firearm certificate,

(d) has provided secure accommodation for the firearm and ammunition at the place where it is to be kept,

(e) where the firearm is a rifle or pistol to be used for target shooting, is a member of an authorised rifle or pistol club,

(f) has complied with subsection (3),

(g) complies with such other conditions (if any) specified in the firearm certificate, including any such conditions to be complied with before a specified date as the issuing person considers necessary in the interests of public safety or security, and

(h) in case the application is for a restricted firearm certificate—

(i) has a good and sufficient reason for requiring such a firearm, and

(ii) has demonstrated that the firearm is the only type of weapon that is appropriate for the purpose for which it is required.

(3) An applicant for a firearm certificate shall supply to the issuing person the information requested in the application form and such further information as the issuing person may require in the performance of the person’s functions under this Act, including, in particular—

(a) proof of identity,

(b) proof of competence in the use of the firearm concerned,

(c) written consent for any enquiries in relation to the applicant’s medical history that may be made from a health professional by or on behalf of the issuing person, and

(d) names and addresses of two referees who may be contacted to attest to the applicant’s character.

(4) A member of the Garda Síochána may inspect the accommodation for a firearm provided by an applicant for a firearm certificate or require the applicant to provide proof of its existence.

(5) The Minister, in consultation with the Commissioner, may by regulations provide for minimum standards to be complied with by holders of firearm certificates in relation to the provision of secure accommodation for their firearms.

(6) In this section “ health professional” means doctor or psychiatrist registered under any enactments governing the profession concerned or a clinical psychologist.”.

New section 4A in Principal Act.

33.— The following section is inserted after section 4 of the Principal Act:

“Authorisation of rifle or pistol clubs or shooting ranges.

4A.— (1) A rifle or pistol club or the owner or operator of a rifle or pistol shooting range shall not allow any firearm or ammunition to be used or stored on the premises of or at the club or shooting range in connection with target shooting unless an authorisation under this section to do so is in force.

(2) An application for such an authorisation shall be made to the Commissioner in the prescribed form by an officer of the club authorised in that behalf or by the owner or operator of the shooting range.

(3) The application shall be accompanied by—

(a) the prescribed fee, and

(b) in the case of a shooting range, a firearms range certificate which is in force.

(4) The application form shall contain a copy of any regulations under subsection (13) or of the material part of them.

(5) The applicant shall supply in writing any further information that the Commissioner may need in the performance of his or her functions under this Act.

(6) The Commissioner shall grant an authorisation to the applicant for the use and storage of rifles, pistols and ammunition on the premises of the club or shooting range concerned, or on a specified part of those premises, for the purpose of target shooting only if satisfied—

(a) that their use or storage will not endanger public safety or security or the peace,

(b) that the club or shooting range is responsibly managed, and

(c) in the case of a shooting range, that a firearms range certificate in respect of it is in force.

(7) A decision on the application shall be given within 3 months from the date on which a completed application form was submitted.

(8) The Commissioner may at any time by notice in writing—

(a) attach to the authorisation such conditions as he or she thinks necessary for the purpose of securing that the operation of the club or shooting range and the use and storage of rifles, pistols and ammunition on the premises of or at the club or range concerned does not endanger public safety or security or the peace,

(b) at any time for that purpose vary any of those conditions, and

(c) require that some or all of them be complied with before a specified date.

(9) An authorisation which is in force shall continue in force for a period of 5 years from the date on which it was granted, unless revoked, and for any further such period or periods for which it may be renewed.

(10) A renewal of an authorisation may be applied for within 3 months before the authorisation ceases to be in force.

(11) The Commissioner may, if no longer satisfied in relation to any of the matters mentioned in paragraphs (a) to (c) of subsection (6), revoke the authorisation of the club or shooting range concerned by notice in writing addressed to the applicant or the person or persons for the time being responsible for its management.

(12) On receipt of such a notice the person or persons so notified shall forthwith surrender to the superintendent of the district in which the club or range is situated the authorisation and any rifles, pistols or ammunition stored on its premises.

(13) The Minister, in consultation with the Commissioner, may by regulations specify minimum standards to be complied with by a rifle or pistol club or shooting range before an authorisation under this section may be granted in respect of it.

(14) The minimum standards shall be determined—

(a) in the case of a club, by reference to any or all of the following matters:

(i) security of its premises;

(ii) membership;

(iii) management,

(b) in the case of a shooting range, by reference to any or all of the following matters:

(i) security of the range;

(ii) membership;

(iii) management;

(iv) design, construction and maintenance;

(v) types of firearms and ammunition to be used;

(vi) level of competence of persons using the range.

(15) For the purpose of ascertaining whether conditions attached to an authorisation under this section are being complied with, a member of the Garda Síochána authorised in that behalf may, on production if required of the authorisation or a copy of it, enter any premises occupied or used by the club or shooting range concerned and inspect the premises and anything in them.

(16) Any person who by act or omission impedes or obstructs a member of the Garda Síochána in the exercise of the member’s functions under subsection (15) of this section is guilty of an offence and liable on summary conviction to a fine of €1,000 and imprisonment for a term of 3 months or both.

(17) The Commissioner shall cause a register of clubs and shooting ranges for the time being authorised under this section to be established and maintained.

(18) It is an offence—

(a) for a club or the owner or operator of a shooting range—

(i) to contravene subsection (1) of this section, or

(ii) without reasonable excuse, not to comply with any conditions attached to an authorisation under this section,

(b) for a person not to comply with subsection (12) of this section, or

(c) for a person, without reasonable excuse, to participate in the activities of such a club or shooting range for which an authorisation under this section is not in force.

(19) In proceedings against a person for an offence under subsection (18)(a)(i) of this section it is a defence to prove that the defendant took reasonable precautions and exercised due diligence to avoid committing the offence.

(20) A person guilty of an offence under subsection (18) of this section is liable—

(a) on summary conviction, to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both, and

(b) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment for a term not exceeding 7 years or both.

(21) In this section—

“ firearms range certificate ” means a certificate issued under section 4B(3)(a) of this Act;

“ rifle or pistol club ” means a club established for the purpose of promoting skill in the use of rifles and pistols for target shooting;

“ shooting range ” does not include a range or shooting gallery referred to in section 2(4)(e) of this Act.”.

New section 4B in Principal Act.

34.— The following section is inserted in the Principal Act after section 4:

“Firearms range inspectors.

4B.— (1) The Minister may by warrant appoint such and so many persons as he or she thinks necessary to be firearms range inspectors and may revoke any such appointment.

(2) It shall be the duty of a firearms range inspector—

(a) to examine applications for the authorisation of rifle and pistol shooting ranges, and

(b) to inspect rifle and pistol shooting ranges for the purpose of ensuring their compliance with the minimum standards provided for in regulations under section 4A(13) of this Act.

(3) After inspecting a rifle or pistol shooting range, an inspector may—

(a) if satisfied that the range complies with those minimum standards, issue a firearms range certificate in respect of it, and

(b) if not so satisfied, refuse to issue such a certificate or revoke any such certificate that is in force.

(4) An inspector who suspects, with reasonable cause, that any place is being used for rifle or pistol target shooting may enter and inspect it.

(5) The Minister shall issue to each inspector the warrant of appointment, or a copy of it, for production, on request, when an inspector is exercising any power conferred by this section.

(6) The terms and conditions of appointment of firearms range inspectors shall be determined by the Minister, with the consent of the Minister for Finance.”.

Substitution of section 5 of Principal Act.

35.— The following section is substituted for section 5 of the Principal Act:

“Revocation of firearm certificates.

5.— (1) An issuing person may at any time revoke a firearm certificate granted by the person if satisfied that the holder of the certificate—

(a) has not a good reason for requiring the firearm to which the certificate relates,

(b) is a person who cannot, without danger to the public safety or security or the peace, be permitted to possess a firearm,

(c) is a person who is declared by this Act to be disentitled to hold a firearm certificate,

(d) where the firearm certificate limits the purposes for which the firearm to which it relates may be used, is using the firearm for purposes not authorised by the certificate,

(e) has not complied with a condition attached to the grant of the certificate, or

(f) where the firearm is authorised to be carried or used by a holder of a firearms training certificate, has, without reasonable excuse, permitted the holder of that certificate to carry or use the firearm while not under his or her supervision.

(2) The reason for revoking a firearm certificate shall be communicated in writing by the issuing person to the holder of the certificate.

(3) Where a firearm certificate is revoked or otherwise ceases to be in force, the issuing person may direct in writing that the holder surrender the firearm or ammunition concerned or both to the custody of the superintendent of the district where the holder resides or to a member of the Garda Síochána acting on the superintendent’s behalf.”.

Amendment of section 6 of Principal Act.

36.— Section 6 of the Principal Act is amended—

(a) by the deletion of “When a Superintendent revokes a firearm certificate” and the insertion of “When a firearm certificate is revoked”, and

(b) in paragraph (a), by the insertion of “of the district in which the person resides” after “Superintendent”.

Amendment of section 8 of Principal Act.

37.— Section 8 of the Principal Act is amended in subsection (1) by the deletion of paragraphs (d), (e), (f) and (g) and the insertion of the following paragraphs:

“(d) any person who has been sentenced to imprisonment for—

(i) an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005, or

(ii) an offence under the law of another state involving the production or use of a firearm,

and the sentence has not expired or it expired within the previous 5 years,

(e) any person who is bound by a recognisance to keep the peace or be of good behaviour, a condition of which is that the person shall not possess, use or carry any firearm or ammunition, and

(f) any person not ordinarily resident in the State (except a person who is temporarily so resident) for a period of 6 months before applying for a firearm certificate.”.

Amendment of section 9 of Principal Act.

38.— Section 9 of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (4):

“(4) The registration of a person in the register of firearms dealers shall continue in force for a period of 3 years from the date of the registration, unless previously revoked and, if renewed, for a further period of 3 years from the expiration of that period or, as the case may be, of any subsequent such period for which the registration was renewed.”,

and

(b) by the insertion of the following subsections after subsection (9):

“(10) The Minister, after consultation with the Commissioner, may by regulations specify minimum standards to be complied with in relation to premises in which a firearms dealer carries on business or proposes to do so.

(11) The minimum standards shall be determined by reference to—

(a) the security of the premises,

(b) their safety, and

(c) their standard of construction,

and having regard to their use for, as the case may be, the manufacture, repair, testing, proving or sale of firearms or ammunition.

(12) Applicants for renewal of registration shall satisfy the Minister that their premises comply with the minimum standards specified in any regulations under subsection (10) of this section.

(13) Without prejudice to subsection (3) of this section, the following persons are declared to be disentitled to be registered in the register of firearms dealers:

(a) a person under the age of 21 years;

(b) a person of unsound mind;

(c) a person who has been sentenced to imprisonment for an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005;

(d) a person who is bound by a recognisance to keep the peace or be of good behaviour, a condition of which is that the person shall not possess, use or carry a firearm or ammunition.”.

Amendment of section 10 of Principal Act.

39.— Section 10 is amended by the insertion of the following subsections after subsection (4):

“(4A) It is an offence for—

(a) a registered firearms dealer (notwithstanding subsection (1) of this section),

(b) a person engaged in the business of carrying or warehousing goods for reward, or

(c) an auctioneer who stands authorised under section 13 of the Firearms Act 1964,

to possess, use, carry, sell or expose for sale a restricted firearm in the ordinary course of business, unless authorised to do so by an authorisation under this section which is in force.

(4B) Application for such an authorisation shall be made to the Minister in the prescribed form by a person mentioned in subsection (4A) and be accompanied by the prescribed fee (if any).

(4C) The applicant shall supply in writing any further information that the Minister may require in the performance of his or her functions under this section.

(4D) An application for renewal of an authorisation may be made within 3 months before it ceases to be in force.

(4E) An application for an authorisation or its renewal shall be refused if granting it would, in the opinion of the Minister, prejudice public safety or security.

(4F) A decision on an application for an authorisation or its renewal shall be given within 3 months from the date on which the applicant submitted a completed application form.

(4G) An authorisation under this section which is in force shall, unless earlier revoked, continue in force for a period of 3 years from the date on which it was granted and, if renewed, for a further period of 3 years from the expiration of that period or, as the case may be, of any subsequent such period for which the authorisation was renewed.”.

New section 10A in Principal Act.

40.— The following section is inserted after section 10 of the Principal Act:

“Reloading of ammunition.

10A.— (1) A person (except a registered firearms dealer or the holder of a licence under this section) who reloads ammunition is guilty of an offence.

(2) An application for a licence under this section shall be in the prescribed form, be accompanied by the prescribed fee (if any) and be made to the superintendent of the Garda Síochána of the district in which the applicant resides.

(3) A superintendent shall not grant a licence under this section unless satisfied that the following conditions are complied with:

(a) the applicant holds a firearm certificate;

(b) the reloading of ammunition will not, in the particular circumstances, endanger public safety or security or the peace;

(c) the person has a special need which, in the opinion of the superintendent, is sufficient to justify granting the licence;

(d) the applicant is competent to reload ammunition;

(e) the premises where the reloading is to take place are sufficiently safe and secure for that purpose.

(4) The superintendent may at any time—

(a) attach to the licence such further conditions as he or she considers necessary for the purpose of preventing danger to members of the public or the peace or for ensuring that ammunition is reloaded only to satisfy the special need of the applicant, and

(b) for that purpose vary any of those conditions.

(5) The licence—

(a) shall be in the prescribed form,

(b) shall be granted for a specified period not exceeding 3 years, and

(c) may be revoked by the superintendent if he or she is no longer satisfied that any condition mentioned in subsection (3) of this section is being or will be complied with.

(6) A person who, without reasonable excuse, does not comply with a condition mentioned in subsection (3) or (4) of this section is guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding one year or both, or

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.

(7) The Minister may by order specify the maximum quantity and type of component parts of ammunition that may be purchased, sold, stored or used to reload ammunition by an individual who holds a licence under this section or a registered firearms dealer.

(8) In this section “reloading ammunition” means making ammunition from spent ammunition, and cognate expressions shall be construed accordingly.”.

Amendment of section 11 of Principal Act.

41.— Section 11 of the Principal Act is amended—

(a) in subsection (2), by the substitution of the following paragraph for paragraph (d):

“(d) has become a person who is declared under section 9(13) of this Act to be disentitled to be registered in the register of firearms dealers,”,

and

(b) by the substitution of the following subsections for subsection (3):

“(3) A person whose name is removed under this section from the register of firearms dealers shall, on such removal, forthwith deliver up to the Minister—

(a) the person’s certificate of registration or renewal, and

(b) the register kept by the person under subsection (1) of section 12 of this Act.

(4) A person who contravenes subsection (3) of this section is guilty of an offence and on summary conviction is liable to a fine not exceeding €3,000.”.

Substitution of section 15 of Principal Act.

42.— The following section is substituted for section 15 of the Principal Act:

“Possession of firearms with intent to endanger life.

15.— (1) Any person who possesses or controls any firearm or ammunition—

(a) with intent to endanger life or cause serious injury to property, or

(b) with intent to enable any other person by means of the firearm or ammunition to endanger life or cause serious injury to property,

shall, whether any injury to person or property has or has not been caused thereby, be guilty of an offence.

(2) A person guilty of an offence under this section is liable on conviction on indictment—

(a) to imprisonment for life or such shorter term as the court may determine, subject to subsections (4) to (6) of this section or, where subsection (8) of this section applies, to that subsection, and

(b) at the court’s discretion, to a fine of such amount as the court considers appropriate,

and the firearm or ammunition concerned shall be forfeited.

(3) The court, in imposing sentence on a person for an offence under this section, may, in particular, have regard to whether the person has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005.

(4) Where a person (except a person under the age of 18 years) is convicted of an offence under this section, the court shall, in imposing sentence, specify a term of imprisonment of not less than 10 years as the minimum term of imprisonment to be served by the person.

(5) Subsection (4) of this section does not apply where the court is satisfied that there are exceptional and specific circumstances relating to the offence, or the person convicted of it, which would make a sentence of imprisonment of not less than 10 years unjust in all the circumstances, and for this purpose the court may have regard to any matters it considers appropriate, including—

(a) whether the person pleaded guilty to the offence and, if so—

(i) the stage at which the intention to plead guilty was indicated,

(ii) the circumstances in which the indication was given,

and

(b) whether the person materially assisted in the investigation of the offence.

(6) The court, in considering for the purposes of subsection (5) of this section whether a sentence of not less than 10 years imprisonment is unjust in all the circumstances, may have regard, in particular, to—

(a) whether the person convicted of the offence has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005, and

(b) whether the public interest in preventing the unlawful possession or use of firearms would be served by the imposition of a lesser sentence.

(7) Subsections (4) to (6) of this section apply and have effect only in relation to a person convicted of a first offence under this section (other than a person who falls under subsection (8)(b) of this section), and accordingly references in those first-mentioned subsections to an offence under this section are to be construed as references to a first such offence.

(8) Where a person (except a person under the age of 18 years)—

(a) is convicted of a second or subsequent offence under this section,

(b) is convicted of a first offence under this section and has been convicted of an offence under section 26, 27, 27A or 27B of the Firearms Act 1964 or section 12A of the Firearms and Offensive Weapons Act 1990,

the court shall, in imposing sentence, specify a term of imprisonment of not less than 10 years as the minimum term of imprisonment to be served by the person.

(9) Section 27C of the Firearms Act 1964 applies in relation to proceedings for an offence under this section and to any minimum term of imprisonment imposed under subsection (4) or (8) of this section in those proceedings.”.

New section 15A in Principal Act.

43.— The following section is inserted after section 15 of the Principal Act:

“Appeal to District Court.

15A.— (1) An appeal may be made to the District Court by a person aggrieved by any of the following decisions made by an issuing person:

(a) to refuse to grant a firearms training certificate under section 2A of this Act;

(b) to refuse to grant or renew a firearm certificate under section 3 of this Act;

(c) to refuse to grant or renew an authorisation for a rifle or pistol club or shooting range under section 4A of this Act;

(d) to revoke a firearm certificate under section 5 of this Act;

(e) to refuse to register a person, or to renew a registration, in the register of firearms dealers under section 9 of this Act;

(f) to grant or renew an authorisation under section 10 of this Act;

(g) to remove the name of a person from the register of firearms dealers under section 11 of this Act;

(h) to refuse to grant a licence under section 10A of this Act;

(i) to refuse to grant an authorisation under section 16(1) of this Act;

(j) to refuse to grant a licence for the import of firearms or ammunition or a prohibited weapon under section 17 of this Act or to vary such a licence or conditions named in it;

(k) to refuse to renew a firearm certificate under section 9 of the Firearms Act 1964; or

(l) to refuse to grant a firearm certificate, or to revoke such a certificate, under section 2 of the Firearms (Firearm Certificate for Non-Residents) Act 2000.

(2) An appeal shall be made within 30 days of receipt of notice of the decision concerned.

(3) On the appeal the Court may—

(a) confirm the decision,

(b) adjourn the proceedings and direct the issuing person to reconsider the decision in the light of the appeal proceedings, or

(c) allow the appeal.

(4) Where the appeal is allowed, the issuing person shall give effect to the Court’s decision.

(5) For the purposes of this section—

(a) an issuing person—

(i) who is required under section 3(9), 4A(7) or 10(4F) to decide on an application within a specified period, and

(ii) who does not so decide,

is deemed to have decided to refuse to grant the application,

(b) the applicant is deemed to have received notice of the decision on the expiration of that period, and

(c) as the case may be, section 3(10) does not apply in relation to the application.

(6) The jurisdiction conferred on the District Court by this section shall be exercised by the judge of that Court assigned to the district in which the appellant resides or carries on business.”.

Amendment of section 17 of Principal Act.

44.— Section 17 of the Principal Act is amended by the insertion of the following subsections after subsection (4):

“(4A) Notwithstanding subsections (1) to (4) of this section, a licence for importing a firearm, ammunition or prohibited weapon may not be granted unless—

(a) the applicant has a good reason for importing it,

(b) granting the licence would not prejudice public safety or security, and

(c) if the application relates to a restricted firearm or restricted ammunition, the applicant—

(i) if a registered firearms dealer, possesses an authorisation under section 10 of this Act, or

(ii) in any other case, is the holder of a restricted firearm certificate in respect of the firearm or ammunition concerned,

which is in force.

(4B) An applicant for a licence under this section shall supply in writing any further information that the Minister may require in the performance of his or her functions under this section.

(4C) The reason for refusing an application for a licence under this section or for its renewal shall be communicated in writing to the applicant.”.

Substitution of section 25 of Principal Act.

45.— The following section is substituted for section 25 of the Principal Act:

“Punishments.

25.— Any person who commits an offence under this Act in respect of which no other punishment is provided is liable in respect of each such offence—

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

(b) on conviction on indictment, to a fine not exceeding €20,000 or imprisonment for a term not exceeding 5 years or both.”.

New section 25A of Principal Act.

46.— The following section is inserted after section 25 of the Principal Act:

“Surrender of firearms and offensive weapons.

25A.— (1) The Minister may by order appoint a specified period during which a person may surrender at any Garda station or at any other place approved for the purpose by a superintendent of the Garda Síochána any of the following weapons:

(a) a firearm;

(b) a flick-knife;

(c) a weapon of offence.

(2) When surrendering a weapon during the specified period, the person—

(a) shall give his or her name, address and proof of identity to a member of the Garda Síochána at the Garda Síochána station or place concerned, and

(b) shall be informed by the member that the weapon and any thing in which it was surrendered may be forensically examined or tested.

(3) Proceedings for an offence shall not be instituted against any person who surrenders a weapon under this section if—

(a) in the case of a firearm, the offence consists only in the possession, carrying and use (other than in the commission of another offence) of the firearm without being the holder of a firearm certificate, in contravention of section 2 of this Act, or

(b) in the case of a flick-knife or other weapon of offence, the offence is an offence under section 9(4) or 10(1)(b) of the Firearms and Offensive Weapons Act 1990.

(4) Any surrendered weapon or any substance or thing found on or in it or on or in any thing in which it was surrendered may be subjected to forensic examination or testing for the purpose of—

(a) determining whether any such weapon, substance or thing is in a safe and stable condition, or

(b) discovering information concerning an offence other than an offence referred to in subsection (3) of this section.

(5) In any proceedings, a surrendered weapon and any substance or thing referred to in subsection (4) of this section is admissible in evidence.

(6) A surrendered weapon may be disposed of in a manner deemed appropriate by the Commissioner.

(7) In this section—

“ firearm ” includes ammunition;

“ flick-knife ” has the meaning given to it in section 9(9) of the Firearms and Offensive Weapons Act 1990;

“ weapon of offence ” has the meaning given to it in section 10(2) of the said Act of 1990.”.

New section 25B in Principal Act.

47.— The following section is inserted in the Principal Act after section 25A:

“Surrender of firearm for ballistic testing.

25B.— (1) The Commissioner may by notice in writing require any person lawfully possessing a firearm to produce it at such time and place as may be specified in the notice for the purpose of having ballistic or other tests carried out on it and of establishing and recording its distinctive characteristics.

(2) A person who, without reasonable excuse, does not comply with such a notice is guilty of an offence under this Act.”.

New section 25C in Principal Act.

48.— The following section is inserted after section 25B of the Principal Act:

“Delegation of Commissioner’s functions.

25C.— The Commissioner may appoint in writing a member of the Garda Síochána, or members of a particular rank in the Garda Síochána, not below the rank of superintendent to perform any of the Commissioner’s functions under this Act.”.

New section 25D in Principal Act.

49.— The following section is inserted in the Principal Act after section 25C:

“Liability of officers of bodies corporate.

25D.— (1) Where—

(a) an offence under this Act is committed by a body corporate, and

(b) it is proved to have been committed with the consent, connivance or approval of, or to have been attributable to any neglect on the part of, a person who—

(i) was a director, manager, secretary or other officer of the body corporate, or

(ii) was a person purporting to act in any such capacity,

that person, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished as if the person were guilty of the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) of this section applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director or manager of the body corporate.

(3) The foregoing provisions apply, with the necessary modifications, where the offence was committed by an unincorporated body.”.

Substitution of section 27 of Principal Act.

50.— The following section is substituted for section 27 of the Principal Act:

“Regulations.

27.— (1) The Minister may make regulations prescribing any matter referred to in this Act as prescribed or to be prescribed or to be the subject of regulations or for the purpose of enabling any of its provisions to have full effect.

(2) The regulations may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations.

(3) Regulations prescribing fees shall be made with the consent of the Minister for Finance.”.

New section 27A in Principal Act.

51.— The following section is inserted after section 27 of the Principal Act:

“Laying of orders or regulations before Houses of Oireachtas.

27A.— An order or regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling it is passed by either such House within the next 21 days on which that House has sat after it has been laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.”.

Amendment of Firearms Act 1964

Amendment of section 1 of Firearms Act 1964.

52.— Section 1 of the Firearms Act 1964 is amended—

(a) by the substitution of the following definition for the definitions of “the Commissioner” and “the Minister”:

“ “ the Commissioner ” means the Commissioner of the Garda Síochána or a member of the Garda Síochána, or members of a particular rank in the Garda Síochána, not below the rank of superintendent appointed in writing by the Commissioner for the purpose of performing any of the Commissioner’s functions under this Act;

“ the Minister ” means the Minister for Justice, Equality and Law Reform;”,

(b) by inserting the following definition after that of “the Commissioner”:

“ “ firearm ” includes a restricted firearm, unless otherwise provided or the context otherwise requires;”.

Substitution of section 9 of Firearms Act 1964.

53.— The following section is substituted for section 9 of the Firearms Act of 1964:

“Renewal of firearm certificate.

9.— (1) The Commissioner may from time to time renew a firearm certificate granted by him or her.

(2) The superintendent of the district where the holder of such a certificate resides may from time to time renew such a certificate.

(3) The superintendent of a district where the holder of a firearm certificate resides may from time to time renew a firearm certificate which has been granted by a superintendent.

(4) An inspector or sergeant of the Garda Síochána in the district where the holder of a firearm certificate issued by a superintendent resides may from time to time renew the certificate.

(5) A superintendent, or other member of the Garda Síochána, who is authorised under this section to renew a firearm certificate (“an authorised member”) may refuse to renew it, or vary any conditions to which it is subject under section 4(2)(g) of the Principal Act, only if prior sanction to do so in the particular case has been given by the Commissioner or superintendent, as the case may be.

(6) An application for renewal of a firearm certificate—

(a) shall be in the prescribed form,

(b) shall be accompanied by the prescribed fee (if any), and

(c) may be made within one month before the expiration of the certificate.

(7) A renewal of a firearm certificate shall be in the prescribed form.

(8) Before renewing a firearm certificate, an authorised member shall be of opinion that the conditions to which it is subject have been complied with and will continue to be complied with during the period for which the certificate is renewed.

(9) On the renewal of a firearm certificate, an authorised member may, subject to subsection (5) of this section, vary any conditions to which the certificate is subject under section 4(2)(g) of the Principal Act, if of opinion that such a variation is necessary in the interests of public safety or security.”.

Amendment of section 11 of Firearms Act 1964.

54.— Section 11 of the Firearms Act 1964 is amended—

(a) in subsection (1), by the deletion of “Minister may substitute for the description of a firearm in a firearm certificate granted by him” and the insertion of “Minister or the Commissioner may substitute for the description of a firearm in a firearm certificate granted by him or her”, and

(b) in subsection (2), by the insertion of—

(i) “(other than a restricted firearm)” after “firearm”, where it first occurs, and

(ii) “such” after “another”.

Amendment of section 13 of Firearms Act 1964.

55.— Section 13 of the Firearms Act 1964 is amended by the insertion of the following subsections after subsection (6):

“(7) In this section, references to a firearm and ammunition do not include references to a restricted firearm or restricted ammunition.

(8) This section is without prejudice to subsections (4A) to (4G) of section 10 of the Principal Act.”.

Amendment of section 21 of Firearms Act 1964.

56.— Section 21 of the Firearms Act 1964 is amended—

(a) in subsection (1), by the insertion of “or ammunition” after “firearms” and “firearm”, where they first occur, and

(b) by the insertion of the following subsection after subsection (2):

“(3) In this section, “ammunition” does not include—

(a) component parts of ammunition, or

(b) grenades, bombs and other similar missiles or their component parts.”.

Substitution of section 26 of Firearms Act 1964.

57.— The following section is substituted for section 26 of the Firearms Act 1964:

“Possession of firearm while taking vehicle without authority.

26.— (1) A person who contravenes subsection (1) of section 112 of the Road Traffic Act 1961 and who at the time of the contravention has with him or her a firearm or imitation firearm is guilty of an offence.

(2) A person guilty of an offence under this section is liable on conviction on indictment—

(a) to imprisonment for a term not exceeding 14 years or such shorter term as the court may determine, subject to subsections (4) to (6) of this section or, where subsection (8) of this section applies, to that subsection, and

(b) at the court’s discretion, to a fine of such amount as the court considers appropriate.

(3) The court, in imposing sentence on a person for an offence under this section, may, in particular, have regard to whether the person has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005.

(4) Where a person (other than a person under the age of 18 years) is convicted of an offence under this section, the court shall, in imposing sentence, specify a term of imprisonment of not less than 5 years as the minimum term of imprisonment to be served by the person.

(5) Subsection (4) of this section does not apply where the court is satisfied that there are exceptional and specific circumstances relating to the offence, or to the person convicted of it, which would make the minimum term unjust in all the circumstances, and for this purpose the court may have regard to any matters it considers appropriate, including—

(a) whether the person pleaded guilty to the offence and, if so—

(i) the stage at which the intention to plead guilty was indicated, and

(ii) the circumstances in which the indication was given,

and

(b) whether the person materially assisted in the investigation of the offence.

(6) The court, in considering for the purposes of subsection (5) of this section whether a sentence of not less than 5 years imprisonment is unjust in all the circumstances, may have regard, in particular, to—

(a) whether the person convicted of the offence has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005, and

(b) whether the public interest in preventing the unlawful possession or use of firearms would be served by the imposition of a lesser sentence.

(7) Subsections (4) to (6) of this section apply and have effect only in relation to a person convicted of a first offence under this section (other than a person who falls under subsection (8)(b) of this section), and accordingly references in those first-mentioned subsections to an offence under this section are to be construed as references to a first such offence.

(8) Where a person (except a person under the age of 18 years)—

(a) is convicted of a second or subsequent offence under this section,

(b) is convicted of a first offence under this section and has been convicted of an offence under section 15 of the Principal Act, section 27, 27A or 27B of this Act or section 12A of the Firearms and Offensive Weapons Act 1990,

the court shall, in imposing sentence, specify a term of imprisonment of not less than 5 years as the minimum term of imprisonment to be served by the person.

(9) In proceedings for an offence under this section it is a good defence for the defendant to show that he or she had the firearm or imitation firearm for a lawful purpose when doing the act alleged to constitute the offence under subsection (1) of the said section 112.

(10) Section 27C of this Act applies in relation to proceedings for an offence under this section and any minimum term of imprisonment imposed under subsection (4) or (8) of this section in those proceedings.”.

Substitution of section 27 of Firearms Act 1964.

58.— The following section is substituted for section 27 of the Firearms Act 1964:

“Prohibition of use of firearms to assist or aid escape.

27.— (1) A person shall not use or produce a firearm or imitation firearm—

(a) for the purpose of or while resisting the arrest of the person or of another person by a member of the Garda Síochána, or

(b) for the purpose of aiding, or in the course of, the escape or rescue of the person or of another person from lawful custody.

(2) A person who contravenes subsection (1) of this section is guilty of an offence and liable on conviction on indictment—

(a) to imprisonment for life or such shorter term as the court may determine, subject to subsections (4) to (6) of this section or, where subsection (8) of this section applies, to that subsection, and

(b) at the court’s discretion, to a fine of such amount as the court considers appropriate.

(3) The court, in imposing sentence on a person for an offence under this section, may, in particular, have regard to whether the person has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005.

(4) Where a person (other than a person under the age of 18 years) is convicted of an offence under this section, the court shall, in imposing sentence, specify a term of imprisonment of not less than 10 years as the minimum term of imprisonment to be served by the person.

(5) Subsection (4) of this section does not apply where the court is satisfied that there are exceptional and specific circumstances relating to the offence, or to the person convicted of it, which would make the minimum term unjust in all the circumstances, and for this purpose the court may have regard to any matters it considers appropriate, including—

(a) whether the person pleaded guilty to the offence and, if so—

(i) the stage at which the intention to plead guilty was indicated, and

(ii) the circumstances in which the indication was given,

and

(b) whether the person materially assisted in the investigation of the offence.

(6) The court, in considering for the purposes of subsection (5) of this section whether a sentence of not less than 10 years imprisonment is unjust in all the circumstances, may have regard, in particular, to—

(a) whether the person convicted of the offence has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005, and

(b) whether the public interest in preventing the unlawful possession or use of firearms would be served by the imposition of a lesser sentence.

(7) Subsections (4) to (6) of this section apply and have effect only in relation to a person convicted of a first offence under this section (other than a person who falls under subsection (8)(b) of this section), and accordingly references in those first-mentioned subsections to an offence under this section are to be construed as references to a first such offence.

(8) Where a person (except a person under the age of 18 years)—

(a) is convicted of a second or subsequent offence under this section,

(b) is convicted of a first offence under this section and has been convicted of an offence under section 15 of the Principal Act, section 26, 27A or 27B of this Act or section 12A of the Firearms and Offensive Weapons Act 1990,

the court shall, in imposing sentence, specify a term of imprisonment of not less than 10 years as the minimum term of imprisonment to be served by the person.

(9) Section 27C of this Act applies in relation to proceedings for an offence under this section and any minimum term of imprisonment imposed under subsection (4) or (8) of this section in those proceedings.”.

Substitution of section 27A of Firearms Act 1964.

59.— The following section is substituted for section 27A of the Firearms Act 1964:

“Possession of firearm or ammunition in suspicious circumstances.

27A.— (1) It is an offence for a person to possess or control a firearm in circumstances that give rise to a reasonable inference that the person does not possess or control it for a lawful purpose, unless the person possesses or controls it for such a purpose.

(2) A person guilty of an offence under this section is liable on conviction on indictment—

(a) to imprisonment for a term not exceeding 14 years or such shorter term as the court may determine, subject to subsections (4) to (6) of this section or, where subsection (8) of this section applies, to that subsection, and

(b) at the court’s discretion, to a fine of such amount as the court considers appropriate.

(3) The court, in imposing sentence on a person for an offence under this section, may, in particular, have regard to whether the person has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005.

(4) Where a person (other than a person under the age of 18 years) is convicted of an offence under this section, the court shall, in imposing sentence, specify a term of imprisonment of not less than 5 years as the minimum term of imprisonment to be served by the person.

(5) Subsection (4) of this section does not apply where the court is satisfied that there are exceptional and specific circumstances relating to the offence, or the person convicted of it, which would make the minimum term unjust in all the circumstances, and for this purpose the court may have regard to any matters it considers appropriate, including—

(a) whether the person pleaded guilty to the offence and, if so—

(i) the stage at which the intention to plead guilty was indicated, and

(ii) the circumstances in which the indication was given,

and

(b) whether the person materially assisted in the investigation of the offence.

(6) The court, in considering for the purposes of subsection (5) of this section whether a sentence of not less than 5 years imprisonment is unjust in all the circumstances, may have regard, in particular, to—

(a) whether the person convicted of the offence has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005, and

(b) whether the public interest in preventing the unlawful possession or use of firearms would be served by the imposition of a lesser sentence.

(7) Subsections (4) to (6) of this section apply and have effect only in relation to a person convicted of a first offence under this section (other than a person who falls under subsection (8)(b) of this section), and accordingly references in those first-mentioned subsections to an offence under this section are to be construed as references to a first such offence.

(8) Where a person (except a person under the age of 18 years)—

(a) is convicted of a second or subsequent offence under this section,

(b) is convicted of a first offence under this section and has been convicted of an offence under section 15 of the Principal Act, section 26, 27 or 27B of this Act or section 12A of the Firearms and Offensive Weapons Act 1990,

the court shall, in imposing sentence, specify a term of imprisonment of not less than 5 years as the minimum term of imprisonment to be served by the person.

(9) Section 27C of this Act applies in relation to proceedings for an offence under this section and any minimum term of imprisonment imposed under subsection (4) or (8) of this section in those proceedings.

(10) In the application of section 2 of the Criminal Law (Jurisdiction) Act 1976 to this section, it shall be presumed, unless the contrary is shown, that a purpose that is unlawful in the State is unlawful in Northern Ireland.”.

Substitution of section 27B of Firearms Act 1964.

60.— The following section is substituted for section 27B of the Firearms Act 1964:

“Carrying firearm with criminal intent.

27B.— (1) It is an offence for a person to have with him or her a firearm, or an imitation firearm, with intent—

(a) to commit an indictable offence, or

(b) to resist or prevent the arrest of the person or another person,

in either case while the person has the firearm or imitation firearm with him or her.

(2) A person guilty of an offence under this section is liable on conviction on indictment—

(a) to imprisonment for a term not exceeding 14 years or such shorter term as the court may determine, subject to subsections (4) to (6) of this section or, where subsection (8) of this section applies, to that subsection, and

(b) at the court’s discretion, to a fine of such amount as the court considers appropriate.

(3) The court, in imposing sentence on a person for an offence under this section, may, in particular, have regard to whether the person has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005.

(4) Where a person (other than a person under the age of 18 years) is convicted of an offence under this section, the court shall, in imposing sentence, specify a term of imprisonment of not less than 5 years as the minimum term of imprisonment to be served by the person.

(5) Subsection (4) of this section does not apply where the court is satisfied that there are exceptional and specific circumstances relating to the offence, or the person convicted of it, which would make the minimum term unjust in all the circumstances, and for this purpose the court may have regard to any matters it considers appropriate, including—

(a) whether the person pleaded guilty to the offence and, if so—

(i) the stage at which the intention to plead guilty was indicated, and

(ii) the circumstances in which the indication was given,

and

(b) whether the person materially assisted in the investigation of the offence.

(6) The court, in considering for the purposes of subsection (5) of this section whether a sentence of not less than 5 years imprisonment is unjust in all the circumstances, may also have regard, in particular, to—

(a) whether the person convicted of the offence has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences Against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005, and

(b) whether the public interest in preventing the unlawful possession or use of firearms would be served by the imposition of a lesser sentence.

(7) Subsections (4) to (6) of this section apply and have effect only in relation to a person convicted of a first offence under this section (other than a person who falls under subsection (8)(b) of this section), and accordingly references in those first-mentioned subsections to an offence under this section are to be construed as references to a first such offence.

(8) Where a person (except a person under the age of 18 years)—

(a) is convicted of a second or subsequent offence under this section,

(b) is convicted of a first offence under this section and has been convicted of an offence under section 15 of the Principal Act, section 26, 27 or 27A of this Act or section 12A of the Firearms and Offensive Weapons Act 1990,

the court shall, in imposing sentence, specify a term of imprisonment of not less than 5 years as the minimum term of imprisonment to be served by the person.

(9) In proceedings for an offence under this section proof that the accused had a firearm or imitation firearm with him or her and intended to commit an indictable offence or to resist or prevent arrest is evidence that the accused intended to have it with him or her while doing so.

(10) Section 27C of this Act applies in relation to proceedings for an offence under this section and any minimum term of imprisonment imposed under subsection (4) or (8) of this section in those proceedings.”.

New section 27C in Firearms Act 1964.

61.— The following section is inserted in the Firearms Act 1964 after section 27B:

“Provisions relating to minimum sentences under Firearms Acts 1925 to 2006.