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26 2006

CRIMINAL JUSTICE ACT 2006

PART 15

Miscellaneous

Reckless endangerment of children.

176 .— (1) In this section—

“ abuser ” means an individual believed by a person who has authority or control over that individual to have seriously harmed or sexually abused a child or more than one child;

“ child ” means a person under 18 years of age, except where the context otherwise requires;

“ serious harm ” means injury which creates a substantial risk of death or which causes permanent disfigurement or loss or impairment of the mobility of the body as a whole or of the function of any particular member or organ;

“ sexual abuse ” means an offence under paragraphs 1 to 13 and 16(a) and (b) of the Schedule to the Sex Offenders Act 2001 .

(2) A person, having authority or control over a child or abuser, who intentionally or recklessly endangers a child by—

(a) causing or permitting any child to be placed or left in a situation which creates a substantial risk to the child of being a victim of serious harm or sexual abuse, or

(b) failing to take reasonable steps to protect a child from such a risk while knowing that the child is in such a situation,

is guilty of an offence.

(3) Where a person is charged with an offence under subsection (2), no further proceedings in the matter (other than any remand in custody or on bail) shall be taken except by or with the consent of the Director of Public Prosecutions.

(4) A person guilty of an offence under this section is liable on conviction on indictment, to a fine or to imprisonment for a term not exceeding 10 years or both.

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

177 .— (1) The Criminal Justice Act 1951 is amended by the substitution of the following section for section 7:

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

7.— Paragraph 4 (which prescribes time limits for the making of complaints in cases of summary jurisdiction) of section 10 of the Petty Sessions (Ireland) Act 1851 shall not apply to a complaint in respect of:

(a) a scheduled offence, or

(b) an offence that is triable—

(i) at the election of the prosecution, either on indictment or summarily, or

(ii) either on indictment or, subject to certain conditions including the consent of the prosecution, summarily.”.

(2) This section shall not have effect in relation to an offence committed before the commencement of this section.

Amendment of Courts of Justice Act 1924.

178 .— The Courts of Justice Act 1924 is amended by the insertion of the following section after section 79:

“Exercise of jurisdiction by District Court judges in criminal cases.

79A.— (1) Where, in respect of a crime committed in the State—

(a) the accused does not reside in the State,

(b) he or she was not arrested for and charged with the crime in the State, and

(c) either—

(i) the crime was committed in more than one district court district, or

(ii) it is known that it was committed in one of not more than five district court districts, but the particular district concerned is not known,

then, for the purposes of section 79 of this Act, the crime shall be deemed to have been committed in each of the districts concerned and a judge assigned to any of the districts concerned may deal with the case.

(2) Where the circumstances of a crime committed in the State fall within paragraphs (a) and (b), but not (c), of subsection (1) of this section and the district court district in which the crime was committed is not known, then, for the purposes of section 79 of this Act, the crime shall be deemed to have been committed in the Dublin Metropolitan District.

(3) A case does not fall within this section unless it is shown that reasonable efforts have been made to ascertain the whereabouts of the accused for the purposes of arresting him or her for and charging him or her with the crime concerned.

(4) Where a judge for the time being assigned to a district court district exercises jurisdiction in a criminal case by virtue of this section, the judge or any other judge assigned to the district shall have jurisdiction in the case until its conclusion in the District Court notwithstanding that it is later established that, but for this subsection, he or she would not have had jurisdiction in the case.

(5) A judge for the time being assigned to a district court district who exercises jurisdiction in a criminal case by virtue of this section may deal with the case in any court area within his or her district.”.

Amendment of Courts (Supplemental Provisions) Act 1961.

179 .— The Courts (Supplemental Provisions) Act 1961 is amended—

(a) in section 25(4), by the insertion of “and section 25A of this Act” after “subsection (3) of this section”, and

(b) by the insertion of the following section after section 25:

“Exercise of jurisdiction by Circuit Court judges in indictable offences.

25A.— (1) Where, in respect of an offence committed in the State—

(a) the accused person does not reside in the State,

(b) he or she was not arrested for and charged with the offence in the State, and

(c) either—

(i) the offence was committed in more than one circuit, or

(ii) it is known that it was committed in one of not more than three circuits, but the particular circuit concerned is not known,

then, for the purposes of section 25(3) of this Act, the offence shall be deemed to have been committed in each of the circuits concerned and a judge of any of the circuits concerned may deal with the case.

(2) Where the circumstances of an offence committed in the State fall within paragraphs (a) and (b), but not (c), of subsection (1) of this section and the circuit in which the offence was committed is not known, then, for the purposes of section 25(3) of this Act, the offence shall be deemed to have been committed in the Dublin Circuit.

(3) A case does not fall within this section unless it is shown that reasonable efforts have been made to ascertain the whereabouts of the accused person for the purposes of arresting him or her for and charging him or her with the offence concerned.

(4) Where a judge of a circuit exercises jurisdiction in relation to an indictable offence by virtue of this section, the judge or any other judge assigned to the circuit shall have jurisdiction in relation to the offence until the conclusion of proceedings in respect of it in the Circuit Court notwithstanding that it is later established that, but for this subsection, he or she would not have had jurisdiction in relation to the offence.

(5) In this section ‘offence’ means an indictable offence as respects which jurisdiction is vested in the Circuit Court by section 25 of this Act.”.

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

180 .— The Courts (Supplemental Provisions) Act 1961 is amended by the insertion of the following section after section 32:

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

32A.— (1) This section applies to the following powers of a judge of the District Court:

(a) the power to issue a warrant for the arrest of a person;

(b) the power to issue a warrant to a member of the Garda Síochána or, if appropriate, any other person authorising the entry to, and search of, any place or premises (including a dwelling) and, if appropriate, the search of any person found at such place or premises for all or any of the following purposes:

(i) the gathering of evidence of, or relating to, the commission or attempted commission of any criminal offence;

(ii) the gathering of evidence of, or relating to, the contravention in any other respect of any provision of an enactment;

(iii) ascertaining whether there is or has been compliance with any provision of an enactment;

(iv) the gathering of evidence of, or relating to, assets or proceeds deriving from criminal conduct (within the meaning of section 1(1) of the Criminal Assets Bureau Act 1996 ) or to their identity or whereabouts;

(c) the power to make an order, upon the application of a member of the Garda Síochána or, if appropriate, any other person, directing another person to produce, make available for inspection or to give access to any particular document, material or thing, or documents, material or things of a particular description, for the purposes of investigating—

(i) any criminal offence,

(ii) whether there is or has been a contravention in any other respect of any provision of an enactment, or

(iii) whether a person has benefited from assets or proceeds deriving from criminal conduct (within the meaning of section 1(1) of the Criminal Assets Bureau Act 1996 ) or is in receipt of or controls such assets or proceeds.

(2) A judge of the District Court may, in relation to a relevant district, exercise while in any place in the State outside that relevant district any of the powers to which this section applies for the time being conferred on him or her by law if, but only if, he or she would be entitled to exercise the power concerned at a sitting of the District Court in that relevant district.

(3) Without prejudice to the generality of paragraph (b) of subsection (1) of this section, a warrant may fall within that paragraph notwithstanding that the warrant or the power under which it is issued authorises all or any of the following:

(a) the entry, if necessary by the use of force, to a place or premises (including a dwelling);

(b) the doing of acts in addition to the acts specified in subsection (1)(b) of this section;

(c) the execution of the warrant by a person other than the member of the Garda Síochána or, if appropriate, any other person to whom it is issued;

(d) the accompaniment of the person executing the warrant by any other persons during the execution thereof.

(4) Without prejudice to the generality of paragraph (c) of subsection (1) of this section, an order may fall within that paragraph notwithstanding that the order or the power under which it is made authorises all or any of the following:

(a) a member of the Garda Síochána or any other person to enter a place for the purpose of inspecting or getting access to any document, material or thing or documents, material or things of a particular description;

(b) the execution of the order by a person other than the member of the Garda Síochána or, if appropriate, any other person who applies for it;

(c) the retention, or copying, for the purposes of proceedings (criminal or civil) by a member of the Garda Síochána or any other person of any document, material or thing, or documents, material or things of a particular description, produced, made available for inspection or to which access is given.

(5) In this section—

‘ enactment ’ means a statute or an instrument made under a power conferred by statute;

‘ district ’ means a district court district;

‘ relevant district ’, in relation to a judge of the District Court, means a district—

(a) to which he or she is permanently assigned under paragraph 2 of the Sixth Schedule to this Act,

(b) to which he or she is temporarily assigned under subparagraph (1) or (2) of paragraph 3 of the said Schedule, or

(c) in relation to which he or she is acting in the circumstances specified in subparagraph (1), (2) or (3) of paragraph 4 of the said Schedule for another judge of the District Court who is permanently assigned to the district.”.

Anonymity of certain witnesses.

181 .— (1) Where in any criminal proceedings—

(a) it is proposed to call a person to give evidence, and

(b) the person has a medical condition,

an application may be made for an order under this section prohibiting the publication of any matter relating to the proceedings which would identify the person as a person having that condition.

(2) An application for such an order may be made at any stage of the proceedings and shall be made—

(a) in case the accused person has been sent forward for trial, to the trial judge,

(b) in case the proceedings are proceedings on appeal, to the judge, or a judge, of the appeal court,

(c) in any other case, to a judge of the District Court.

(3) An order under this section may be made only where the judge concerned is satisfied that—

(a) the person concerned has a medical condition,

(b) his or her identification as a person with that condition would be likely to cause undue distress to him or her, and

(c) the order would not be prejudicial to the interests of justice.

(4) An appeal from a refusal or grant of an application for an order under this section shall lie—

(a) in relation to proceedings before the District Court, to a judge of the Circuit Court,

(b) in relation to proceedings before the Circuit Criminal Court or a Special Criminal Court, to a judge of the High Court, and

(c) in relation to proceedings before the Central Criminal Court or the Court of Criminal Appeal, to a judge of the Supreme Court,

at the instance of the prosecution or the defence.

(5) Where—

(a) an accused person is sent forward for trial, and

(b) an order has been made by a judge of the District Court under this section,

the trial judge may, on application made in that behalf, vary or revoke the order.

(6) Where—

(a) an appeal is being taken against a decision of a court in criminal proceedings, and

(b) the trial judge has made an order under this section,

the judge, or a judge, of the appeal court may, on application made in that behalf, vary or revoke the order.

(7) An application under this section, or an appeal under subsection (4), may be made by the prosecution or the defence on notice to the other party to the proceedings and shall be made to the judge concerned in chambers.

(8) Each of the following persons who publishes or broadcasts any matter in contravention of an order under this section is guilty of an offence and is liable on conviction on indictment to a fine not exceeding €25,000 or imprisonment for a term not exceeding 3 years or both:

(a) if the matter is published in a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;

(b) if the matter is published otherwise, the person who publishes it; or

(c) if the matter is broadcast, any person transmitting or providing the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper.

(9) Where a person is charged with an offence under subsection (8), it is a defence to prove that at the time of the alleged offence the person was not aware, and neither suspected nor had any reason to suspect, that the publication or broadcast concerned was of any such matter as is mentioned in subsection (1).

(10) (a) Where an offence under subsection (8) has been committed by a body corporate and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

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

(11) In this section—

“ broadcast ” means the transmission, relaying or distribution by wireless telegraphy of communications, sounds, visual images or signals, intended for reception by the public generally or a section of it, whether the broadcast is so received or not, and cognate words shall be construed accordingly;

“ publish ” means publish, other than by way of broadcast, to the public generally or a section of it;

“ trial judge ” and “judge”, in relation to proceedings before a Special Criminal Court, means a member of that Court, and the references in subsections (2)(a) and (5)(a) to an accused person being sent forward for trial include, where appropriate, references to such a person being charged before that Court.

Information concerning property held in trust.

182 .— (1) For the purposes of an investigation into whether a person has committed an arrestable offence a member of the Garda Síochána not below the rank of superintendent may apply to a judge of the High Court for an order for the disclosure of information regarding any trust in which the person may have an interest or with which the person may be otherwise connected.

(2) On such an application the judge, if satisfied—

(a) that there are reasonable grounds for suspecting that a person—

(i) has committed an arrestable offence, and

(ii) has some interest in or other connection with the trust,

(b) that information regarding the trust is required for the purposes of such an investigation, and

(c) that there are reasonable grounds for believing that it is in the public interest that the information should be disclosed for the purposes of the investigation, having regard to the benefit likely to accrue to the investigation and any other relevant circumstances,

may order the trustees of the trust and any other persons (including the suspected person) to disclose to the applicant or other member of the Garda Síochána designated by the applicant such information as he or she may require for those purposes in relation to the trust, including the identity of the settlor and any or all of the trustees and beneficiaries.

(3) An order under this section—

(a) shall not confer any right to production of, or access to, any information subject to legal privilege, and

(b) shall have effect notwithstanding any other obligation as to secrecy or other restriction on disclosure of information imposed by statute or otherwise.

(4) A judge of the High Court may vary or discharge an order under this section on the application of any person to whom it relates or a member of the Garda Síochána.

(5) A trustee or other person who without reasonable excuse—

(a) fails or refuses to comply with an order under this section, or

(b) discloses information which is false or misleading,

is guilty of an offence and liable—

(i) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or

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

(6) Any information disclosed by a person in accordance with this section is not admissible in evidence in any criminal proceedings against the person or his or her spouse, except in any proceedings for an offence under subsection (5)(b).

(7) In this section “information” includes—

(a) a document or record, and

(b) information in non-legible form.

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

183 .— (1) It is an offence for a person, without lawful authority or reasonable excuse to possess or control any article with the intention of using it in the course of or in connection with the commission of—

(a) an offence under section 15 of the Non-Fatal Offences against the Person Act 1997 , or

(b) the common law offence of kidnapping to which section 2 of, and paragraph 4 of the Schedule to, the Criminal Law (Jurisdiction) Act 1976 applies.

(2) In a prosecution for an offence under subsection (1) the court (or the jury as the case may be) may—

(a) having regard to all the circumstances (including the type of article alleged to have been intended for use in the course of or connection with the commission of an offence under this section), and

(b) where it considers it reasonable to do so,

regard possession of the article as sufficient evidence of intent for the purposes of subsection (1).

(3) Where a person is charged with an offence referred to in subsection (1), no further proceedings in the matter (other than any remand in custody or on bail) may be taken except by or with the consent of the Director of Public Prosecutions.

(4) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both.

(5) In this section—

“ article ” includes a substance, document or any thing;

“ document ” includes—

(a) a map, plan, graph, drawing, photograph or record, or

(b) a reproduction in permanent legible form, by a computer or other means (including enlarging), of information in non-legible form.

Amendment of Criminal Justice (Public Order) Act 1994.

184 .— The Criminal Justice (Public Order) Act 1994 is amended by the insertion of the following sections after section 23:

“Fixed charge offences.

23A.— (1) A member of the Garda Síochána who has reasonable grounds for believing that a person is committing, or has committed, an offence under section 5 (in this section referred to as a `fixed charge offence') may serve on the person personally or by post the notice referred to in subsection (5) or cause it to be so served.

(2) A member of the Garda Síochána may, for the purposes of subsection (1)—

(a) request the person concerned to give his or her name and address and to verify the information given, and

(b) if not satisfied with the name and address or any verification given, request that the person accompany the member to a Garda Síochána station for the purpose of confirming the person's name and address.

(3) A person who—

(a) does not give his or her name and address when requested to do so under subsection (2)(a) or gives a name or address that is false or misleading, or

(b) does not comply with a request by a member of the Garda Síochána under subsection (2)(b),

is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,500.

(4) A member of the Garda Síochána who is of opinion that a person is committing, or has committed, an offence under subsection (3) may arrest the person without warrant.

(5) The notice referred to in subsection (1) shall be in the prescribed form and shall state—

(a) that the person on whom it is served is alleged to have committed the fixed charge offence concerned,

(b) when and where it is alleged to have been committed,

(c) that a prosecution for it will not be instituted if—

(i) during the period of 28 days beginning on the date of the notice, the person pays to a member of the Garda Síochána at a specified Garda Síochána station or to another specified person at a specified place the prescribed amount, or

(ii) within 28 days beginning on the expiration of that period, the person so pays an amount which is 50 per cent greater than the prescribed amount,

and

(d) that in default of such payment the person will be prosecuted for the alleged offence.

(6) A payment referred to in subsection (5) shall be accompanied by the notice referred to in that subsection.

(7) Where a notice is served under subsection (1)—

(a) a person to whom the notice applies may make a payment in accordance with subsections (5)(c) and (6),

(b) a member of the Garda Síochána or other specified person shall receive the payment, issue a receipt for it and retain it for payment or disposal in accordance with subsection (8)(b),

(c) a payment so received shall not be recoverable by the person who made it, and

(d) a prosecution in respect of the alleged fixed charge offence to which the notice relates shall not be instituted during the periods specified in subsection (5)(c) or, if a payment is made in accordance with that subsection and subsection (6), at all.

(8) (a) In proceedings against a person for a fixed charge offence it shall be presumed, until the contrary is shown, that the person did not make payment in accordance with subsections (5)(c) and (6).

(b) Payments so made shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs.

(9) (a) The Minister may make regulations prescribing anything which is referred to in this section as prescribed.

(b) Different amounts may be prescribed for a fixed charge offence under this section and an offence under section 4 which is deemed by section 23B(4) to be a fixed charge offence.

(c) Regulations made under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations.

(10) In this section—

‘ Minister ’ means Minister for Justice, Equality and Law Reform;

‘ person ’ means a person of not less than 18 years of age.

Application of section 23A in relation to offence under section 4.

23B.— (1) This section applies to a person of not less than 18 years of age who is suspected, with reasonable cause, by a member of the Garda Síochána of committing, or of having committed, an offence under section 4.

(2) Where—

(a) a person to whom this section applies is arrested and brought to a Garda Síochána station, and

(b) he or she is a person whom the member of the Garda Síochána in charge of the station is authorised by section 31 of the Criminal Procedure Act 1967 to release on bail,

the member may, instead of releasing the person on bail, release him or her unconditionally after serving on the person personally a notice in the prescribed form stating the matters specified in section 23A(5) or causing it to be so served.

(3) Where a person to whom this section applies is not arrested, the member of the Garda Síochána referred to in subsection (1) may serve on the person personally or by post a notice in the prescribed form stating the matters specified in section 23A(5) or cause it to be so served.

(4) On the service of a notice under subsection (2) or (3) the offence under section 4 is thereupon deemed to be a fixed charge offence, and subsections (5) to (10) of section 23A apply and have effect accordingly in relation to it.”.

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

185 .— Section 19 of the Criminal Justice (Public Order) Act 1994 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) Any person who assaults or threatens to assault—

(a) a person providing medical services at or in a hospital, or

(b) a person assisting such a person, or

(c) a peace officer acting in the execution of a peace officer’s duty, knowing that he or she is, or being reckless as to whether he or she is, a peace officer so acting, or

(d) any other person acting in aid of a peace officer, or

(e) any other person with intent to resist or prevent the lawful apprehension or detention of himself or herself or any other person for any offence,

shall be guilty of an offence.”,

(b) in subsection (2), by the substitution of “€5,000” for “£1,000” and by the substitution of “7 years” for “5 years”,

(c) by the substitution of the following subsection for subsection (3):

“(3) Any person who resists or wilfully obstructs or impedes—

(a) a person providing medical services at or in a hospital, knowing that he or she is, or being reckless as to whether he or she is, a person providing medical services, or

(b) a person assisting such a person, or

(c) a peace officer acting in the execution of a peace officer’s duty, knowing that he or she is or being reckless as to whether he or she is, a peace officer so acting, or

(d) a person assisting a peace officer in the execution of his or her duty,

shall be guilty of an offence.”,

(d) in subsection (4), by the substitution of “€2,500” for “£500”, and

(e) in subsection (6)—

(i) by the insertion of the following definitions:

“ “ hospital” includes the lands, buildings and premises connected with and used wholly or mainly for the purposes of a hospital;

“medical services” means services provided by—

(a) doctors, dentists, psychiatrists, nurses, midwives, pharmacists, health and social care professionals (within the meaning of the Health and Social Care Professionals Act 2005 ) or other persons in the provision of treatment and care for persons at or in a hospital, or

(b) persons acting under direction of those persons;”,

and

(ii) in the definition of “peace officer”, by the insertion of “, a member of the fire brigade, ambulance personnel” after “a prison officer”.

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

186 .— The definition of “torture” in section 1(1) of the Criminal Justice (United Nations Convention Against Torture) Act 2000 is amended by the insertion after “omission” of “done or made, or at the instigation of, or with the consent or acquiescence of a public official”.

Amendment of Offences Against the State Act 1939.

187 .— The Offences Against the State Act 1939 is amended—

(a) in section 30, by the insertion of the following subsection after subsection (4C):

“(4D) If—

(a) an application is made under subsection (4) of this section for a warrant authorising the detention for a further period of a person detained pursuant to a direction under subsection (3) of this section, and

(b) the period of detention under subsection (3) of this section 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 30A—

(i) in subsection (2)(b), by the substitution of “subsections (4), (4A), (4B) and (4D)” for “subsections (4), (4A) and (4B)”, and

(ii) in subsection (3), by the substitution of “for the purpose of charging him or her with that offence forthwith or bringing him or her before a Special Criminal Court as soon as practicable so that he or she may be charged with that offence before that Court” for “for the purpose of charging him with that offence forthwith”.

Amendment of section 5 of Criminal Evidence Act 1992.

188 .— (1) Section 5 of the Criminal Evidence Act 1992 is amended in subsection (4)(b) by the insertion of the following subparagraph after subparagraph (ii):

“(iia) a record of the receipt, handling, transmission or storage of anything by the Forensic Science Laboratory of the Department of Justice, Equality and Law Reform in connection with the performance of its functions to examine and analyse things or samples of things for the purposes of criminal investigations or proceedings or both,”.

(2) This section shall be deemed to have come into operation on 1 January 2003.

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

189 .— Section 16B(7) of the Proceeds of Crime Act 1996 is amended by the insertion of “of the Criminal Assets Bureau Act 1996 ” after “Sections 14 to 14C”.

Amendment of section 14 of Criminal Assets Bureau Act 1996.

190 .— (1) Section 14 of the Criminal Assets Bureau Act 1996 is amended by the substitution of the following subsection for subsection (1):

“(1) If a judge of the District Court is satisfied by information on oath of a bureau officer who is a member of the Garda Síochána that there are reasonable grounds for suspecting that evidence of or relating to assets or proceeds deriving from criminal conduct, or to their identity or whereabouts, is to be found in any place, the judge may issue a warrant for the search of that place and any person found at that place.”.

(2) This section shall not affect the validity of a warrant issued under section 14 of the Criminal Assets Bureau Act 1996 before the commencement of this section and such a warrant shall continue in force in accordance with its terms after such commencement.

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

191 .— (1) Section 5 of the Prevention of Corruption (Amendment) Act 2001 is amended by the substitution of the following subsection for subsection (1):

“(1) If a judge of the District Court is satisfied by information on oath of a member of the Garda Síochána, or if a member of the Garda Síochána not below the rank of superintendent is satisfied, that there are reasonable grounds for suspecting that evidence of or relating to the commission of an offence or suspected offence under the Prevention of Corruption Acts 1889 to 2001 punishable by imprisonment for a term of 5 years or by a more severe penalty (‘an offence’) is to be found in any place, he or she may issue a warrant for the search of that place and any persons found at that place.”.

(2) This section shall not affect the validity of a warrant issued under section 5 of the Prevention of Corruption (Amendment) Act 2001 before the commencement of this section and such a warrant shall continue in force in accordance with its terms after such commencement.

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

192 .— (1) The Criminal Justice (Theft and Fraud Offences) Act 2001 is amended—

(a) in section 48, by the substitution of the following subsection for subsection (2):

“(2) If a Judge of the District Court is satisfied by information on oath of a member of the Garda Síochána that there are reasonable grounds for suspecting that evidence of, or relating to the commission of, an offence to which this section applies is to be found in any place, the judge may issue a warrant for the search of that place and any person found there.”,

and

(b) in section 52, by the substitution of the following subsection for subsection (2):

“(2) If a Judge of the District Court is satisfied by information on oath of a member of the Garda Síochána that—

(a) the Garda Síochána are investigating an offence to which this section applies,

(b) a person has possession or control of particular material or material of a particular description, and

(c) there are reasonable grounds for suspecting that the material constitutes evidence of or relating to the commission of the offence,

the judge may order the person to—

(i) produce the material to a member of the Garda Síochána for the member to take away, or

(ii) give such a member access to it,

either immediately or within such period as the order may specify.”.

(2) This section shall not affect the validity of a warrant issued under section 48, or an order made under section 52, of the Criminal Justice (Theft and Fraud Offences) Act 2001 before the commencement of this section and such a warrant or order shall continue in force in accordance with its terms after such commencement.

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

193 .— Section 25 of the Petty Sessions (Ireland) Act 1851 is amended by the substitution of the following paragraph for paragraph 1:

“1. All warrants (except as otherwise provided by law) in proceedings in respect of offences punishable either on indictment or summarily issued by the District Court shall be addressed to the superintendent or an inspector of the Garda Síochána of the Garda Síochána district within which the place where the warrant is issued is situated or the person named in the warrant resides:”.

Execution of certain warrants.

194 .— A warrant for the arrest of a person or an order of committal of a person may, notwithstanding section 26 of the Petty Sessions (Ireland) Act 1851, be executed by a member of the Garda Síochána in any part of the State.

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

195 .— (1) Where on conviction on indictment a fine is imposed a court may order that, in default of due payment of the fine, the person liable to pay the fine shall be imprisoned for a term not exceeding 12 months.

(2) Where on conviction on indictment a fine is imposed on a body corporate, the fine may, in default of due payment, be levied by distress and sale of the goods of the body corporate.

(3) In this section “fine” includes any compensation, costs or expenses in addition to a fine ordered to be paid.

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

196 .— Section 6(2)(a) of the Criminal Law Act 1976 is amended by the substitution of “€3,000” for “£500”.

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

197 .— (1) Section 13 of the Criminal Law (Insanity) Act 2006 is amended by the deletion of subsection (1).

(2) Accordingly the following consequential amendments to that section have effect:

(a) subsections (2) to (10) are renumbered as subsections (1) to (9);

(b) in the renumbered subsection (4), “subsection (3)” is substituted for “subsection (4)” where it occurs;

(c) in the renumbered subsection (6), “subsection (5)” is substituted for “subsection (6)” where it occurs; and

(d) in the renumbered subsection (9), “subsection (7) or (8)” is substituted for “subsection (8) or (9)”.