Decommissioning Act, 1997

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Prohibition of certain testing, etc., and certain evidence.

6.—(1) Subject to subsections (2) and (3)—

(a) arms being made available for the purposes of decommissioning in accordance with regulations or arrangements or taken into the possession of the Commission or a person designated by the Minister for the purposes of or following such decommissioning,

(b) anything resulting from the process of the decommissioning of arms in accordance with regulations or arrangements,

(c) any substance or thing found on or in any arms decommissioned in accordance with regulations or arrangements, or

(d) anything on or in which arms decommissioned in accordance with regulations or arrangements were when so decommissioned or any substance or other thing found on or in such a thing,

shall not be subjected to forensic examination or to testing.

(2) Subsection (1) does not apply to a forensic examination or to testing of—

(a) any substance or thing decommissioned in accordance with regulations or arrangements,

(b) any substance or thing referred to in paragraph (b), (c) or (d) of subsection (1),

for the purpose of—

(i) determining—

(I) if it is or contains ammunition or an explosive or explosive substance,

(II) the quantity of ammunition, explosives or explosive substances present, or

(III) if the condition of the substance or thing is safe and stable,

or

(ii) discovering information concerning an offence alleged to have been committed after the decommissioning concerned.

(3) Arms decommissioned in accordance with regulations or arrangements or any other substance or thing referred to in subsection (1) or information obtained in the course, or as a result, of the decommissioning of arms in accordance with regulations or arrangements shall not be admissible in evidence by or on behalf of the State in proceedings in any court for an offence (other than an offence referred to in subsection (2)(ii)) or in any appeal in relation to any such proceedings.

(4) Evidence of anything done for the purposes of the decommissioning of arms in accordance with regulations or arrangements shall not be admissible by or on behalf of the State in proceedings in any court for an offence (other than an offence referred to in subsection (2)(ii)) or in any appeal in relation to such proceedings.

(5) (a) In this section, save where the context otherwise requires—

“ammunition” has the meaning assigned to it by the Firearms Act, 1925 ;

“explosive” means an explosive within the meaning of the Explosives Act, 1875 ;

“explosive substance” has the meaning assigned to it by the Explosive Substances Act, 1883 ;

“firearm” has the meaning assigned to it by the Firearms Acts, 1925 to 1990.

(b) In this section references to arms or firearms or ammunition or an explosive or explosive substance include references to any substance or thing that is a firearm or ammunition or an explosive or explosive substance for the purpose of the corresponding law and references to decommissioning and decommissioned shall be construed accordingly.