Criminal Justice (Amendment) Act 2009

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Number 32 of 2009

CRIMINAL JUSTICE (AMENDMENT) ACT 2009

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title.

2. Definitions.

PART 2

Organised Crime

3. Amendment of section 70 of Act of 2006 - definition of “criminal organisation”, etc.

4. Amendment of section 71 of Act of 2006.

5. Directing activities of a criminal organisation.

6. Organised crime: offence to participate in, or contribute to, certain activities.

7. Evidential provisions as to proof of criminal organisation’s existence.

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

9. New section 72A of Act of 2006.

10. Amendment of section 73 of Act of 2006.

11. Amendment of section 74 of Act of 2006.

12. New section 74A of Act of 2006.

13. New section 74B of Act of 2006.

14. New section 26A of Act of 2007 and amendment of Schedule 2 to that Act.

15. Amendment of Bail Act 1997.

16. Increase of penalty for intimidation of witnesses, jurors, etc.

17. Amendment of Criminal Procedure Act 1967.

PART 3

Offences under certain enactments: provision for extra-territorial effect

18. Amendment of section 7 of Act of 1939.

19. Amendment of sections 7 and 8 of Act of 1997.

20. Amendment of section 41 (substantive elements of offence) of Act of 1999.

PART 4

Amendments concerning detention and re-arrest powers

21. Amendment of sections 30 and 30A of Act of 1939.

22. Amendment of sections 2, 4, 5 and 11 of Act of 1996.

23. Amendment of sections 50, 51 and 52 of Act of 2007.

24. Amendment of sections 4, 9 and 10 of Act of 1984.

PART 5

Miscellaneous

25. Directing activities of an unlawful organisation.

26. Search warrant applications to be heard otherwise than in public.

Acts Referred to

Number 32 of 2009

CRIMINAL JUSTICE (AMENDMENT) ACT 2009

AN ACT—

(a)TO PROVIDE FOR ADDITIONAL MEASURES WITH RESPECT TO COMBATING ORGANISED CRIME AND, IN PARTICULAR, WITH RESPECT TO COUNTERING THE INCREASED LEVELS OF VIOLENCE TOWARDS, AND INTIMIDATION OF, MEMBERS OF THE PUBLIC PERPETRATED BY CRIMINAL ORGANISATIONS AND SECURING CONDITIONS IN WHICH OFFENCES COMMITTED BY THOSE ASSOCIATED WITH SUCH ORGANISATIONS CAN, IN DUE COURSE OF LAW, BE INVESTIGATED AND PROSECUTED AND, FOR THAT PURPOSE, TO AMEND PART 7 OF THE CRIMINAL JUSTICE ACT 2006 AND CERTAIN OTHER ENACTMENTS;

(b)TO AMEND THE LAW IN RELATION TO THE INVESTIGATION OF OFFENCES, INCLUDING IN RELATION TO THE DETENTION OF SUSPECTS AND THEIR RE-ARREST IN CERTAIN CIRCUMSTANCES, AND TO OTHERWISE AMEND CRIMINAL LAW AND PROCEDURE; AND

(c)TO PROVIDE FOR RELATED MATTERS.

[23rd July, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: