Criminal Justice (Amendment) Act 2021

Retrospective application of certain amendments

10. (1) Subject to subsection (2), the amendments effected by this Act (other than those effected by subparagraphs (i) and (iii) of section 5 (c) and by section 6 ) shall apply in respect of a relevant offence committed before the date of the coming into operation of this Act, including a relevant offence in respect of which proceedings had commenced before that date.

(2) Subsection (1) shall not apply in respect of a relevant offence committed prior to the date of the coming into operation of this Act where final judgment was given before that date in the proceedings in respect of the relevant offence.

(3) In this section “relevant offence” means—

(a) an offence to which section 49 of the Dublin Police Magistrates Act 1808 refers,

(b) a subsequent offence referred to in section 40 of the Illicit Distillation (Ireland) Act 1831 ,

(c) a third offence referred to in section 32 of the Refreshment Houses (Ireland) Act 1860 ,

(d) an offence to which section 15 (8) of the Firearms Act 1925 applied, immediately before its repeal by section 4 (b),

(e) an offence to which section 26 (8), section 27 (8) or section 27B(8) of the Firearms Act 1964 applied, immediately before their repeal by section 5 , or

(f) an offence to which section 12A(13) of the Firearms and Offensive Weapons Act 1990 applied, immediately before its repeal by section 7 (b).