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26 2006

CRIMINAL JUSTICE ACT 2006

PART 1

Preliminary and General

Short title and commencement.

1 .— (1) This Act may be cited as the Criminal Justice Act 2006.

(2) This Act, other than Parts 11 and 13, shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) Parts 11 and 13 come into operation on such day or days as the Minister may, after consulting with the Commissioner of the Garda Síochána, appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(4) The Firearms Acts 1925 to 2000, Part 5 and Schedule 1 may be cited together as the Firearms Acts 1925 to 2006 and shall be construed together as one.

(5) The Explosives Act 1875, Part 6 and Schedule 2 may be cited together as the Explosives Acts 1875 and 2006 and shall be construed together as one.

(6) The collective citation “the Misuse of Drugs Acts 1977 to 2006” shall include Part II (other than section 7) of the Criminal Justice Act 1999 and Part 8 (other than section 86 ) and those Acts and those Parts (other than the sections specified) shall be construed together as one.

Interpretation.

2 .— (1) In this Act, unless the context otherwise requires—

“ Act of 1939 ” means the Offences Against the State Act 1939 ;

“ Act of 1967 ” means Criminal Procedure Act 1967;

“Act of 1984” means Criminal Justice Act 1984;

“ arrestable offence ” has the meaning it has in section 2 (as amended by section 8 ) of the Criminal Law Act 1997 ;

“Minister” means Minister for Justice, Equality and Law Reform;

“ place ” includes a dwelling.

(2) In this Act, where the context so requires—

(a) a reference to an offence shall be construed as including a reference to a suspected offence, and

(b) a reference to the commission of an offence shall be construed as including a reference to the attempted commission of an offence.

Regulations.

3 .— (1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

(2) Every regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Expenses.

4 .— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.