Criminal Justice (Amendment) Act 2009

Certain offences under Part 7 of Act of 2006 to be scheduled offences.

8.— (1) It is hereby declared that the ordinary courts are inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to an offence under each of the following provisions of Part 7 of the Act of 2006, namely, sections 71A, 72, 73 and 76.

(2) An offence specified in subsection (1) shall be deemed to be a scheduled offence for the purposes of Part V of the Act of 1939 as if an order had been made under section 36 of the Act of 1939 in relation to it and subsection (3) of that section and section 37 of the Act of 1939 shall apply to such an offence accordingly.

(3) Nothing in subsection (1) or (2) shall be construed as affecting, or limiting in any particular case, the exercise—

(a) by the Government of any of their powers under any provision of section 35 or 36 of the Act of 1939,

(b) by the Director of Public Prosecutions of his or her power under section 45(2) of the Act of 1939 to direct that a person not be sent forward for trial by the Special Criminal Court on a particular charge, or

(c) by the Government or the Director of Public Prosecutions of any other of their powers under Part V of the Act of 1939 or by any other person of his or her powers under that Part.

(4) This section shall, subject to subsection (5), cease to be in operation on and from the date that is 12 months from the passing of this Act unless a resolution has been passed by each House of the Oireachtas resolving that this section should continue in operation.

(5) This section may be continued in operation from time to time by a resolution passed by each House of the Oireachtas before its expiry for such period as may be specified in the resolutions.

(6) Before a resolution is passed by either House of the Oireachtas under this section, the Minister for Justice, Equality and Law Reform shall prepare a report, and shall cause a copy of it to be laid before that House, of the operation of this section during the period beginning on the passing of this Act, or as may be appropriate, the date of the latest previous report under this subsection in relation to this section and ending not later than 21 days before the date of the moving of the resolution in that House.