The Criminal Justice (Amendment) Act 2009 was enacted in full on 23 July 2009. Section 14 of this Act inserted a new provision, section 26A, into the Criminal Justice Act 2007 which introduces post-release (restrictions on certain activities) Orders which can be applied by a court to persons convicted of certain offences. Under the provision, the Minister shall prepare a scheme specifying two or more categories of restrictions and conditions that may be imposed by way of such an order. A draft of the Scheme must be laid before both Houses of the Oireachtas and this was done on 19 January 2010. A resolution seeking the approval of both Houses to the draft Scheme will be put before the Houses in due course. No directions, instructions or circulars have been issued in respect of the Act.
The Criminal Justice (Surveillance) Act came into force on the 12 July 2009 following its signing into law by the President. All of the provisions came into force on that date. S.I. No. 275, which prescribes the form of written records of approval granted under sections 7 and 8 of the Act, was signed by the Minister on 20 July 2010. No directions, instructions or circulars have been issued in respect of the Act.
The Criminal Justice (Miscellaneous Provisions) Act, 2009, was enacted on 21 July 2009, and, having regard to the variety of matters coming within this enactment, provision was made for the sections to be commenced by Order of the Minister. Most of the Act is in force, as indicated in the detailed Table below. Other than in respect of the provisions referred to in the Table, those sections not commenced at present, are: sections 36, 38, 47, 52, and Part 3 of the Act (sections 21 to 24 inclusive); that Part relates to the Schengen Information System. No directions, instructions or circulars have been issued in respect of the Act.
Measures giving effect to the Criminal Justice (Miscellaneous Provisions) Act, 2009
Statutory Instrument
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Criminal Justice (Miscellaneous Provisions) Act 2009 Orders for Commencement
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Date of Commencement
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S.I. 310 of 2009
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(essentially covering Commencement of the Act, and provisions relating to Firearms) sections 1,2,3, sections 25 to 27, sections 29 to 33, sections 34 35,37 and 39; section 40 — insofar as it inserts new sections A and B after section 9 of the Firearms and Offensive Weapons Act 1990; sections 41 to 44.
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1 August 2009, except for section 34, which came into effect on 1 January 2010
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S.I. 293 of 2009
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Section 28 (re transitional period for firearms licensing)
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27 July 2009
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S.I. 330 of 2009
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Part 2 of the Act (sections 4 to 20 re European Arrest Warrant), and miscellaneous provisions in Part 5 — sections 45 and, 46; sections 48 (other than paragraph c(iii) thereof), 49, 50 and 51.
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25 August 2009
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