Criminal Justice (Miscellaneous Provisions) Act 2023

and

(ii) by the insertion of the following subsection after subsection (1):

“(1A) This Act shall apply and has effect, subject to the following and any other necessary modifications—

(a) as if a reference to a competent authority included a reference to EPPO, and

(b) as if a reference to another Member State or other such States included a reference to a relevant EPPO member state (within the meaning of the Criminal Justice (Mutual Assistance) Act 2008).”,

and

(b) in section 9(1)—

(i) in paragraph (c), by the substitution of “European Communities,” for “European Communities, or”,

(ii) in paragraph (d), by the substitution of “Act 2008, or” for “Act 2008,”, and

(iii) by the insertion of the following paragraph after paragraph (d):

“(e) one or more officers designated by EPPO.”.

PART 7 Anonymity of witnesses in criminal proceedings

55. Anonymity of witnesses in criminal proceedings

55. (1) Without prejudice to any enactment or rule of law, a court may order such measures (referred to in this section as “anonymity measures”) to be taken in relation to a witness in criminal proceedings as the court considers appropriate to ensure that the identity of the witness is not disclosed in or in connection with the proceedings.

(2) Without prejudice to the generality of subsection (1), the anonymity measures referred to in that subsection may include—

(a) that the witness’s name and other identifying details may be—

(i) withheld,

(ii) removed from materials disclosed to any party to the proceedings, or

(iii) both,

(b) that the witness may use a pseudonym,

(c) that the witness shall not be asked questions of a description specified by the court that might lead to the identification of the witness,

(d) that the witness shall be screened to an extent specified by the court, and

(e) that the witness’s voice shall be altered by appropriate means specified by the court.

(3) Anonymity measures shall not include measures to prevent—

(a) the witness from being visible to the judge or judges, or to the jury (if any), or

(b) the witness’s unaltered voice being heard by the judge or judges, or by the jury.

(4) The court shall not order anonymity measures unless it is satisfied that—

(a) the measures are necessary to—

(i) protect the safety of the witness concerned or of another person connected to the witness or to prevent serious damage to property,

(ii) protect the anonymity of a law enforcement official, where that anonymity is necessary for the proper performance of that official’s duties, or

(iii) avoid harm to the public interest,

and

(b) the measures would be consistent with the defendant receiving a fair trial.

(5) In determining whether measures should be ordered, the court shall have regard to—

(a) the general principle that a defendant should know the identity of witnesses,

(b) the extent to which the credibility of the witness is at issue,

(c) whether the evidence of the witness may be the sole or decisive evidence,

(d) whether the evidence of the witness is corroborated,

(e) whether the evidence of the witness may be properly tested without his or her identity being disclosed,

(f) whether there is any reason to believe the witness is or may be dishonest, or has any motive to be dishonest in the particular case, and

(g) such other factors as the court considers relevant.

(6) A determination by the court that the evidence of the witness may be the sole or decisive evidence shall not, in and of itself, preclude the court from ordering anonymity measures, provided that the court is satisfied that the conditions in subsection (4) apply.

(7) An application for anonymity measures may be made by the prosecutor or the defendant and—

(a) where it is made by the prosecutor, he or she—

(i) shall, (unless the court directs otherwise) inform the court of the identity of the witness, and

(ii) is not required to disclose the identity of the witness, or any information that might enable the witness to be identified, to any other party to the proceedings or to the defendant’s legal representatives,

or

(b) where it is made by the defendant, he or she—

(i) shall inform the court and the prosecutor of the identity of the witness, and

(ii) is not required to disclose the identity of the witness, or any information that might enable the witness to be identified, to any other defendant or to that other defendant’s legal representatives.

(8) The court shall give every party to the proceedings the opportunity to be heard with regard to an application to which subsection (7) refers.

(9) Where the court considers it necessary for the purpose of properly considering an application to which subsection (7)(a) refers, it may—

(a) hear one or more parties, or

(b) examine the proposed witness in relation to whom the application is made, or other witnesses,

in the absence of the defendant and his or her legal representatives.

(10) Where a person proposes to make an application to which subsection (7) refers, he or she may, subject to paragraphs (a)(i) and (b)(i) of that subsection, disclose documents or other material that fall to be disclosed, or are sought to be relied on, by him or her, subject to such redactions as are necessary to avoid identifying the witness in respect of whom the application was made or enabling that witness to be identified.

(11) Where a witness in relation to whom anonymity measures apply has given evidence in a trial before a jury, the judge shall caution the jury in such terms as he or she considers necessary for the purpose of avoiding prejudice to the defendant.

(12) A court may, on notice, vary or discharge an order to which subsection (1) refers where the court is satisfied that it is in the interest of justice to do so.

PART 8 Forensic Science Ireland Certificate Evidence

56. Certificates relating to receipt, handling, transmission or storage

56. (1) In any criminal proceedings, the production of a certificate purporting to be signed by an officer of Forensic Science Ireland of the Department of Justice and relating to the receipt, handling, transmission or storage, as the case may be, specified in the certificate of any item so specified shall, until the contrary is proved, be evidence of any fact thereby certified without proof of any signature thereon or that any such signature is that of such officer.

(2) Subsection (1) shall apply regardless of whether the receipt, handling, transmission or storage of an item specified in a certificate under that subsection occurred prior to or after the coming into operation of this section.

57. Amendment of section 10 of Misuse of Drugs Act 1984

57. (1) The Misuse of Drugs Act 1984 is amended by the substitution of the following section for section 10:

“10. (1) In any proceedings for an offence under the Principal Act or section 5 of this Act, the production of a certificate purporting to be signed by an officer of Forensic Science Ireland of the Department of Justice and relating to an examination, inspection, test or analysis, as the case may be, specified in the certificate of a controlled drug or other substance, product or preparation so specified shall, until the contrary is proved, be evidence of any fact thereby certified without proof of any signature thereon or that any such signature is that of such officer.”.

(2) The validity of any certificate under section 10 of the Misuse of Drugs Act 1984 that was signed by an officer of Forensic Science Ireland of the Department of Justice before the coming into operation of subsection (1) shall not be affected by such coming into operation.

58. Amendment of Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

58. Section 169 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 is repealed.

59. Amendment of Schedule to Criminal Law (Jurisdiction) Act 1976

59. The Schedule to the Criminal Law (Jurisdiction) Act 1976 is amended, in paragraph 7, by the insertion of the following subparagraph after subparagraph (a) :

“(aa) section 4A (non-fatal strangulation or non-fatal suffocation causing serious harm)”.

PART 9 Miscellaneous

60. Amendment of Criminal Evidence Act 1992

60. The Criminal Evidence Act 1992 is amended—

(a) in section 12(1), in the definition of “relevant offence”—

(i) by the insertion of the following paragraph after paragraph (b):

“(ba) an offence under section 10 (amended by section 23 of the Criminal Justice (Miscellaneous Provisions) Act 2023) of the Non-Fatal Offences against the Person Act 1997;”,

(ii) by the insertion of the following paragraph after paragraph (da):

“(db) an offence under section 44(1) of the Criminal Justice (Miscellaneous Provisions) Act 2023;”,

and

(iii) in paragraph (e), by the substitution of “(ba), (c), (d), (da) or (db)” for “(c), (d) or (da)”,

and

(b) in section 14C—

(i) in subsection (2)—

(I) in paragraph (a), by the substitution of “relevant offence” for “sexual offence”, and

(II) by the substitution of the following paragraph for paragraph (b):

“(b) a victim of the relevant offence who has attained the age of 18 years is to give evidence,”,

and

(ii) by the insertion of the following subsection after subsection (2):

“(2A) The court, in performing its functions under subsection (2), shall have regard to the need to protect the victim from secondary and repeat victimisation, intimidation or retaliation, taking into account—

(a) the nature and circumstances of the case, and

(b) the personal characteristics of the victim.”.

61. Amendment of section 2 of Criminal Justice Act 1993

61. (1) Section 2 of the Criminal Justice Act 1993 is amended by the insertion of the following subsections after subsection (4):

“(5) Where the convicted person in relation to whom an application under this section is made is a person who was under the age of 18 years when the sentence was imposed on him by the sentencing court concerned and he has attained the age of 18 years on or before the date on which the application is determined by the Court, the reference in subsection (3)(a) to a sentence which could have been imposed on him by the sentencing court concerned shall be construed as a reference to a sentence which could have been imposed on him by the sentencing court concerned had he attained that age at the time when the sentence was so imposed.

(6) Where subsection (5) applies and the application under this section is in respect of a sentence imposed on a person convicted of treason or murder before the person has attained the age of 18 years, the Court may, notwithstanding section 2 of the Criminal Justice Act 1990, impose such sentence as it considers appropriate.”.

(2) The amendments of section 2 of the Criminal Justice Act 1993 effected by subsection (1) shall apply in respect of an application under that section that—

(a) is brought on or after the date of the coming into operation of this section, or

(b) has been brought before the date of the coming into operation of this section where final judgment has not been given before that date.

62. Amendment of section 3 of Criminal Procedure Act 1993

62. (1) Section 3 of the Criminal Procedure Act 1993 is amended by the insertion of the following subsections after subsection (8):

“(9) For the purposes of subsection (1)(d), where the appellant is a person who—

(a) was under the age of 18 years when he was convicted and sentenced at the trial, and

(b) has attained the age of 18 years on or before the date on which the appeal is determined by the Court,

the sentence that may be imposed on the person by the Court pursuant to subparagraph (ii) of subsection (1)(d) for some other offence and in substitution for the sentence imposed at the trial shall not be deemed to be a sentence of greater severity by reason only of the fact that the sentence could not have been imposed on the person at the trial given that the person was under the age of 18 years at the time of sentencing.

(10) For the purposes of subsection (2), where the convicted person in relation to whom an appeal against sentence is brought is a person who was under the age of 18 years when the sentence was imposed on them by the court of trial and the person has attained the age of 18 years on or before the date on which the appeal is determined by the Court, the reference in that subsection to a sentence or order which could have been imposed on the convicted person for the offence at the court of trial shall be construed as a reference to a sentence or order which could have been imposed on the convicted person for the offence at the court of trial had he attained that age at the time when the sentence or order was so imposed.

(11) Where subsection (10) applies and the appeal against sentence is in respect of a sentence imposed on a person convicted of treason or murder before the person has attained the age of 18 years, the Court may, notwithstanding section 2 of the Criminal Justice Act 1990, impose such sentence or order as it considers appropriate.”.

(2) The amendments of section 3 of the Criminal Procedure Act 1993 effected by subsection (1) shall apply in respect of—

(a) an appeal under subsection (1) of that section against conviction of an offence, and

(b) an appeal under subsection (2) of that section against sentence for an offence—

where the appeal—

(i) is brought on or after the date of the coming into operation of this section, or

(ii) has been brought before the date of the coming into operation of this section where final judgment has not been given before that date.

63. Amendment of Criminal Justice (Public Order) Act 1994

63. The Criminal Justice (Public Order) Act 1994 is amended—

(a) by the insertion of the following section after section 9:

“Failure to comply with direction of member of Garda Síochána with regard to court proceedings

9A. (1) Where a member of the Garda Síochána finds a person in a place where any court proceedings take, or are taking, place before a judge or a court officer and he or she suspects, with reasonable cause, that the person, whether alone or in the company of other persons, is—

(a) without lawful authority or reasonable excuse wilfully interfering with or obstructing—

(i) the conduct of the proceedings, or

(ii) witnesses or other persons connected with the proceedings,

or

(b) acting in a manner which gives rise to a reasonable apprehension for the safety of persons or the safety of property or for the maintenance of the public peace,

the member may direct the person so suspected to do either or both of the following:

(i) desist from acting in such a manner;

(ii) leave immediately the vicinity of the place concerned in a peaceable and orderly manner.

(2) It shall be an offence for any person, without lawful authority or reasonable excuse, to fail to comply with a direction given by a member of the Garda Síochána under this section.

(3) A person who is guilty of an offence under this section shall be liable on summary conviction to a class D fine or to imprisonment for a term not exceeding 6 months or to both.

(4) This section is without prejudice to the power of the court in respect of the matters to which this section relates.

(5) In this section, ‘court officer’ means a Master of the High Court, Taxing Master or County Registrar.”,

(b) in section 19(2)(b), by the substitution of “12 years” for “7 years”,

(c) in section 23A(1), by the substitution of “section 5, 21 or 22” for “section 5”, and

(d) in section 24(5), by the substitution of “8, 9A,” for “8,”.

64. Amendment of First Schedule to Extradition (Amendment) Act 1994

64. The First Schedule to the Extradition (Amendment) Act 1994 is amended in paragraph 6 by—

(a) the insertion of the following subparagraph after subparagraph (a):

“(aa) section 3A (non-fatal strangulation or non-fatal suffocation);”,

and

(b) the insertion of the following subparagraph after subparagraph (b):

“(ba) section 4A (non-fatal strangulation or non-fatal suffocation causing serious harm);”.

65. Amendment of Civil Legal Aid Act 1995

65. Section 28 of the Civil Legal Aid Act 1995 is amended by the substitution of the following subsection for subsection (5D) (inserted by section 46 of the Domestic Violence Act 2018):

“(5D) Notwithstanding any other provision of this Act, where—

(a) an applicant or respondent (within the meaning of the Domestic Violence Act 2018) is prevented from conducting a cross-examination referred to in section 16 of that Act, or

(b) an applicant or respondent (within the meaning of Part 5 of the Criminal Justice (Miscellaneous Provisions) Act 2023) is prevented from conducting a cross-examination referred to in section 32 of that Act,

the Board shall grant a legal aid certificate to the applicant or respondent, as the case may be, for the purpose of his or her being represented in relation to such a cross-examination.”.

66. Amendment of Schedule to Bail Act 1997

66. The Schedule to the Bail Act 1997 is amended—

(a) in paragraph 7—

(i) by the insertion of the following subparagraph after subparagraph (a):

“(aa) section 3A (non-fatal strangulation or non-fatal suffocation);”,

(ii) by the insertion of the following subparagraph after subparagraph (b):

“(ba) section 4A (non-fatal strangulation or non-fatal suffocation causing serious harm;)”,

and

(iii) by the substitution of the following for subparagraph (h):

“(h) section 10 (harassment or stalking);”,

and

(b) by the substitution of the following paragraphs for paragraphs 38 to 40:

“Offences relating to female genital mutilation

Offences Relating to Information Systems

Corruption Offences

39A. Any offence under the Prevention of Corruption Acts 1889 to 2010.

67. Amendment of Second Schedule to Criminal Justice (Safety of United Nations Workers) Act 2000

67.The Second Schedule to the Criminal Justice (Safety of United Nations Workers) Act 2000 is amended in paragraph 4 of Part I by—

(a) the insertion of the following subparagraph after subparagraph (b):

“(ba) section 3A (non-fatal strangulation or non-fatal suffocation);”,

and

(b) the insertion of the following subparagraph after subparagraph (c):

“(ca) section 4A (non-fatal strangulation or non-fatal suffocation causing serious harm);”.

68. Amendment of Criminal Justice (Theft and Fraud Offences) Act 2001

68. Section 36 of the Criminal Justice (Theft and Fraud Offences) Act 2001 is amended by the substitution of the following subsection for subsection (3):

“(3) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding—

(a) in the case of an offence under subsection (1), 10 years, or

(b) in the case of an offence under subsection (2), five years,

or both.”.

69. Amendment of Civil Liability and Courts Act 2004

69. Section 39 of the Civil Liability and Courts Act 2004 is amended, in the definition of “relevant enactment”—

(a) in paragraph (l), by the substitution of “2010;” for “2010.”, and

(b) by the insertion of the following paragraph after paragraph (l):

“(m) section 37 of the Criminal Justice (Miscellaneous Provisions) Act 2023.”.

70. Amendment of Criminal Justice (Terrorist Offences) Act 2005

70. The Criminal Justice (Terrorist Offences) Act 2005 is amended—

(a) in Part 1 of Schedule 2, in paragraph 2, by—

(i) the insertion of the following subparagraph after subparagraph (a):

“(aa) section 3A (non-fatal strangulation or non-fatal suffocation);”,

and

(ii) the insertion of the following subparagraph after subparagraph (b):

“(ba) section 4A (non-fatal strangulation or non-fatal suffocation causing serious harm);”,

and

(b) in Part 1 of Schedule 6, in paragraph 2, by—

(i) the insertion of the following subparagraph after subparagraph (b):

“(ba) section 3A (non-fatal strangulation or non-fatal suffocation);”,

and

(ii) the insertion of the following subparagraph after subparagraph (c):

“(ca) section 4A (non-fatal strangulation or non-fatal suffocation causing serious harm);”.

71. Amendment of Garda Síochána Act 2005

71. Section 122(5)(b)(ii) of the Garda Síochána Act 2005 is amended by the substitution of “section 51(2)(d)” for “section 51(2)(b)”.

72. Amendment of Schedule 1 to Criminal Law (Insanity) Act 2006

72. Schedule 1 to the Criminal Law (Insanity) Act 2006 is amended—

(a) in paragraph 1, by the substitution of “appoint. The Minister may also appoint a deputy chairperson to the Review Board, where the Minister, after undertaking such consultation, considers it to be appropriate.” for “appoint.”,

(b) in paragraph 2, by the substitution of “chairperson and, where applicable, the deputy chairperson” for “chairperson”,

(c) in paragraph 7, by the substitution of “chairperson and, where applicable, the deputy chairperson (other than a chairperson or deputy chairperson who is a serving judge)” for “chairperson other than a chairperson who is a serving judge”, and

(d) by the insertion of the following paragraph after paragraph 8:

“8A. In the event that the chairperson is temporarily unable to perform his or her functions as chairperson due to absence or incapacity—

(a) where a deputy chairperson has been appointed, the deputy chairperson shall act as chairperson for the duration of the period of absence or incapacity, or

(b) where a deputy chairperson has not been appointed or the deputy chairperson is temporarily unable to act as chairperson due to absence or incapacity, the Minister may appoint—

(i) a member of the Review Board, or

(ii) any other person,

possessing the qualifications referred to in paragraph 2 of this Schedule, to act as chairperson during the period during which the chairperson is unable to so act.”.

73. Amendment of Criminal Justice Act 2006

73. The Criminal Justice Act 2006 is amended—

(a) in section 16, by the insertion of the following subsection after subsection (6):

“(7) A reference in subsection (1) to a person being sent forward for trial shall, in relation to proceedings before a Special Criminal Court, include, where appropriate, a reference to such a person being charged before that court.”,

and

(b) in paragraph 2 of Schedule 3, by the insertion of the following after “section 3 (assault causing harm)”:

“section 3A (non-fatal strangulation or non-fatal suffocation)”.

74. Amendment of Prisons Act 2007

74. Part 4 of the Prisons Act 2007 is repealed.

75. Amendment of Schedule 2 to Criminal Justice Act 2007

75. Schedule 2 to the Criminal Justice Act 2007 is amended in paragraph 2 by the insertion of the following subparagraph after subparagraph (a):

“(aa) section 4A (non-fatal strangulation or non-fatal suffocation causing serious harm);”.

76. Amendment of Schedule 3 to Broadcasting Act 2009

76. Schedule 3 to the Broadcasting Act 2009 is amended—

(a) by the insertion of the following paragraph after paragraph 11:

“11A. Online content by which a person without lawful excuse, intentionally or recklessly, causes another to believe on reasonable grounds that he or she is likely immediately to be subjected to suffocation or strangulation, contrary to section 3A(1)(b) of the Non-Fatal Offences against the Person Act 1997.”,

(b) by the substitution of the following paragraph for paragraph 13:

“13. Online content by which a person harasses another contrary to section 10(1), stalks another contrary to section 10(2), or breaches an order made under section 10(4), of the Non-Fatal Offences against the Person Act 1997.”,

(c) by the insertion of the following paragraph after paragraph 13:

“13A. Online content by which a person publishes or broadcasts identifying material contrary to section 10A of the Non-Fatal Offences against the Person Act 1997.”,

and

(d) by the insertion of the following after paragraph 42:

“Criminal Justice (Miscellaneous Provisions) Act 2023

77. Amendment of Schedule to Criminal Procedure Act 2010

77. The Schedule to the Criminal Procedure Act 2010 is amended in paragraph 10 by the insertion of the following subparagraph after subparagraph (a) :

“(aa) section 4A (non-fatal strangulation or non-fatal suffocation causing serious harm);”.

78. Amendment of Communications (Retention of Data) Act 2011

78. The Communications (Retention of Data) Act 2011 is amended—

(a) in section 1(1), in paragraph (d) of the definition of “superior officer”, by the substitution of “Commission” for “Authority” in each place where it occurs,

(b) in section 3A(8), by the substitution of “Schedule 2” for “Schedule 2 data” in each place where it occurs,

(c) in section 4(1), by the substitution of “retains or preserves” for “retains”,

(d) in section 6—

(i) in subsection (3)(a), by the substitution of “officer” for “member”, and

(ii) in subsection (4)(a), by the substitution of “officer” for “member”,

(e) in section 6B—

(i) in subsection (9), by the substitution of “Subject to subsection (15), a superior officer” for “A superior officer”,

(ii) in subsection (10)—

(I) in paragraph (a), by the substitution of “ex parte,” for “ex parte, and”,

(II) in paragraph (b), by the substitution of “issued, and” for “issued.”, and

(III) by the insertion of the following paragraph after paragraph (b):

“(c) be heard otherwise than in public.”,

and

(iii) in subsection (15)(b), by the substitution of “subsection (9)” for “subsection (10)”,

(f) in section 6D—

(i) in subsection (11), by the substitution of “Subject to subsection (17), a superior officer” for “A superior officer”, and

(ii) in subsection (12)—

(I) in paragraph (a), by the substitution of “ex parte,” for “ex parte, and”,

(II) in paragraph (b), by the substitution of “issued, and” for “issued.”, and

(III) by the insertion of the following paragraph after paragraph (b):

“(c) be heard otherwise than in public.”,

(g) in section 6E(5), by the substitution of “section and section 6F,” for “section,”,

(h) in section 6F(1)—

(i) by the substitution of “Commission” for “Authority”, and

(ii) by the substitution of “disclose to the member or officer concerned Schedule 2 data, internet source data or cell site location data, as the case may be” for “disclose to the member Schedule 2 data or, as the case may be, internet source data”,

(i) in section 7A(7), by the substitution of “officer” for “member”,

(j) in section 7B—

(i) in subsection (5)(b)—

(I) by the substitution, in subparagraph (i), of “unavailable, or” for “unavailable,”,

(II) by the substitution, in subparagraph (ii), of “impeded.” for “impeded, or”, and

(III) by the deletion of subparagraph (iii),

(ii) in subsection (15), by the substitution of “subsection (21)” for “subsection (18)”, and

(iii) in subsection (16)—

(I) by the substitution of “subsection (15)” for “subsection (21)”,

(II) in paragraph (a), by the substitution of “ex parte,” for “ex parte, and”,

(III) in paragraph (b), by the substitution of “made, and” for “made.”, and

(IV) by the insertion of the following paragraph after paragraph (b):

“(c) be heard otherwise than in public.”,

(k) in section 7D—

(i) in subsection (5)(b)—

(I) by the substitution, in subparagraph (i), of “unavailable, or” for “unavailable,”,

(II) by the substitution, in subparagraph (ii), of “impeded.” for “impeded, or”, and

(III) by the deletion of subparagraph (iii),

and

(ii) in subsection (16)—

(I) in paragraph (a), by the substitution of “ex parte,” for “ex parte, and”,

(II) in paragraph (b), by the substitution of “made, and” for “made.”, and

(III) by the insertion of the following paragraph after paragraph (b):

“(c) be heard otherwise than in public.”,

(l) in section 9—

(i) in subsection (1), by the substitution of “7C or 7D” for “7C(1) or 7D(1)”,

(ii) in subsection (2), by the substitution of “7C or 7D” for “7C(2) or 7D(2)”,

(iii) in subsection (3), by the substitution of “7C or 7D” for “7C(6) or 7D(6)”,

(iv) in subsection (3A), by the substitution of “7C or 7D” for “7C(7) or 7D(7)”, and

(v) in subsection (5)(c), by the substitution of “date on which the disclosure requirement was made” for “disclosure requirement”,

(m) in section 10(10), by the substitution of “the requirement” for “the request”,

(n) in section 12—

(i) in subsection (2)(b), by the substitution of “requirement” for “request”,

(ii) in subsection (3), by the substitution of “the requirement” for “the request”, and

(iii) in subsection (4), by the substitution of “disclosure requirements” for “disclosure requests”,

(o) in section 12A(1), by the substitution of “section” for “sections”,

(p) in section 12F(2), by the substitution of the following paragraph for paragraph (c):

“(c) the procedures for making a requirement under section 6 or 6F and for making an application under section 6A, 6B, 6C, 6D, 6E, 7A, 7B, 7C or 7D.”,

(q) in section 12G(3)—

(i) by the substitution of the following paragraph for paragraph (b):

“(b) an authorisation issued under section 6B,”,

and

(ii) by the substitution of the following paragraph for paragraph (d):

“(d) a temporary production order made under section 7D(3).”,

(r) in section 12I—

(i) by the substitution of “Commission” for “Authority”, and

(ii) by the deletion of “6E(1),”,

and

(s) in section 12J(2), by the substitution of “section” for “sections”.

79. Amendment of Schedule 1 to Criminal Justice Act 2011

79. Schedule 1 to the Criminal Justice Act 2011 is amended in paragraph 28A by the substitution of “9, 10 or 12” for “9 or 10”.

80. Amendment of Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012

80. The Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 is amended—

(a) in Schedule 1, in paragraph 18, by—

(i) the insertion of the following subparagraph after subparagraph (a):

“(aa) section 3A (non-fatal strangulation or non-fatal suffocation),”,

and

(ii) the insertion of the following subparagraph after subparagraph (b):

“(ba) section 4A (non-fatal strangulation or non-fatal suffocation causing serious harm),”,

and

(b) in Schedule 2, by the substitution of the following paragraph for paragraph 11:

“11. An offence under any of the following provisions of the Non-Fatal Offences against the Person Act 1997—

(a) section 3 (assault causing harm),

(b) section 3A (non-fatal strangulation or non-fatal suffocation).”.

81. Amendment of Schedule 1 to Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

81. Schedule 1 to the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 is amended—

(a) by the repeal of paragraph 1(5),

(b) in paragraph 1(7), by the substitution of “human rights, data protection” for “human rights”, and

(c) in paragraph 2(6), by the deletion of “and the person nominated for appointment by the Data Protection Commissioner”.

82. Amendment of Domestic Violence Act 2018

82. The Domestic Violence Act 2018 is amended—

(a) in section 15(2)—

(i) in paragraph (d), by the substitution of “1991,” for “1991, or”,

(ii) in paragraph (e), by the substitution of “Act of 2010, or” for “Act of 2010.”, and

(iii) by the insertion of the following paragraph after paragraph (e):

“(f) Part 5 of the Criminal Justice (Miscellaneous Provisions) Act 2023.”,

and

(b) in section 40(5), in the definition of “relevant offence”, by the substitution of the following paragraph for paragraph (a):

“(a) an offence under section 2, 3, 3A, 4, 4A or sections 5 to 15 of the Non-Fatal Offences against the Person Act 1997,”.

83. Amendment of section 12 of Criminal Justice (Corruption Offences) Act 2018

83. Section 12(2)(c) of the Criminal Justice (Corruption Offences) Act 2018 is amended by the deletion of the words “the act constitutes an offence under the law of the place where it was done and”.

84. Amendment of section 1 of Criminal Law (Extraterritorial Jurisdiction) Act 2019

84. Section 1 of the Criminal Law (Extraterritorial Jurisdiction) Act 2019 is amended, in paragraph (a) of the definition of “relevant offence”, by—

(a) the insertion of “3A,” after “3,”, and

(b) the insertion of “4A,” after “4,”.

85. Amendment of section 17 of Parole Act 2019

85. Section 17(3) of the Parole Act 2019 is amended by the substitution of “Board” for “Commission”.

86. Provision relating to insertion of sections 6A to 6F of Communications (Retention of Data) Act 2011

86. It is hereby confirmed that, notwithstanding section 6 of the Communications (Retention of Data) (Amendment) Act 2022 (“Act of 2022”), sections 6A to 6F contained in section 6 of the Act of 2022 were, on the date on which section 6 of the Act of 2022 came into operation, inserted into the Communications (Retention of Data) Act 2011 after section 6 of that Act.

87. Amendment of Schedule 2 to European Union (Passenger Name Record Data) Regulations 2018

87. Schedule 2 to the European Union (Passenger Name Record Data) Regulations 2018 (S.I. No. 177 of 2018) is amended in paragraph 12 by—

(a) the insertion of “3A,” after “3,”, and

(b) the insertion of “4A,” after “4,”.