IE-1990-16 Criminal Justice Act, 1990 IE

Current to 1990-07-11

Contents
s. 1 — Abolition of death penalty.
s. 2 — Sentence for treason and murder.
s. 3 — Special provision in relation to certain murders and attempts.
s. 4 — Minimum period of imprisonment for treason and murder, and attempts, to which section 3 applies.
s. 5 — Restrictions on power to commute or remit punishment or grant temporary release.
s. 6 — Procedure in cases of murder, and attempts, to which section 3 applies.
s. 7 — Consequential amendments.
s. 8 — Transitional provisions.
s. 9 — Repeals.
s. 10 — Short title.
Sch 1 — FIRST SCHEDULE Consequential Amendments

(a) if he is convicted of manslaughter, be liable to suffer penal servitude or any less punishment awardable by a court-martial;

(b) if he is convicted of rape, be liable to suffer penal servitude or any less punishment awardable by a court-martial;

(c) if he is convicted of an act of genocide which would be punishable under the Genocide Act, 1973, be liable

(d) if he is convicted of any offence not before in this section particularly specified which when committed in the State is punishable by the ordinary criminal law of the State, be liable, whether the offence is committed in the State or elsewhere, either to suffer any punishment assigned for such offence by law of the State or, if he is subject to military law as an officer, dismissal with ignominy from the Defence Forces or any less punishment awardable by a court-martial or, if he is subject to military law as a man, imprisonment for any term not exceeding two years or any less punishment awardable by a court-martial.;

(a) section 4, with the substitution of court-martial for court, and

(b) subsection (2) of section 6, with the substitution of charged with for indicted for,

Sch 2 — SECOND SCHEDULE Enactments Repealed

Chapter or Number and Year

Short Title

Extent of Repeal

(1)

(2)

(3)

C. 100.

Offences against the Person Act, 1861.

Sections 1 to 3.

In section 71, the words other wise than with death.

C. 24.

Capital Punishment Amendment Act, 1868.

The whole Act.

C. 78.

Juries Procedure (Ireland) Act, 1876.

Section 13.

C. 49.

General Prisons (Ireland) Act, 1877.

Proviso in section 40.

No. 27 of 1926.

Court Officers Act, 1926.

Section 53.

No. 15 of 1928.

Courts of Justice Act, 1928.

In subsection (1) of section 6, the words death or.

Subsection (2) of section 6.

No. 2 of 1951.

Criminal Justice Act, 1951.

In subsection (1) of section 23, the words Except in capital cases,.

No. 27 of 1956.

Prisoners of War and Enemy Aliens Act, 1956.

Subsection (1) of section 5.

No. 11 of 1962.

Geneva Conventions Act, 1962.

In subsection (1) (b) of section 6 and in subsection (1) of section 8, the words to death or.

In subsection (2) of section 8, the words remains a sentence of death, or.

No. 5 of 1964.

Criminal Justice Act, 1964.

The whole Act, except sections 4 and 11.

No. 28 of 1973.

Genocide Act, 1973.

Section 4.

No. 14 of 1976.

Criminal Law (Jurisdiction) Act, 1976.

Subsection (6) of section 20.

No. 19 of 1983.

Courts-Martial Appeals Act, 1983.

Section 21.

No. 1 of 1987.

Extradition (European Convention on the Suppression of Terrorism) Act, 1987.

Subsection (4) of section 6.