Criminal Justice Bill 2004

whupass

all of them? even the muzzle energy? aww crud!

Sparks

Patience, grasshoppah!

cushtac

Often when a new bill becomes an act, changes must be made to the work practices & procedures of the state bodies involved in the act - in this case the Gardai & DoJ.

Once both organisations are ready for it, the sections will come into force.

Hauk

Any updates on the enactments?

Cheers

Hauk

Rovi

The Minister on the Radio 1 lunchtime news just now said that the new firearms laws "will come into effect in October", for what it's worth.

Sparks

From the DoJELR webpage:

Minister McDowell commences Criminal Justice Act 2006 - Measures include new powers for the Gardai, provision for a weapons amnesty followed by mandatory sentences for gun crime

New law will "make life more difficult for criminals"

The Minister for Justice, Equality and Law Reform, Mr. Michael McDowell, has signed an order bringing into operation a substantial number of the provisions contained in the Criminal Justice Act 2006 with effect from today's date, 1 August 2006. Further provisions will come into effect on 2 October 2006 and 1 November 2006.

The Act, which was signed into law by the President on 16 July 2006, contains a comprehensive package of anti-crime measures designed to enhance the powers of An Garda Siochana in the investigation and prosecution of offences and generally provide for improvements to the operation of the criminal justice system.

The Minister said, "Serious gaps in our criminal law have been plugged by this new Act. This legislation, together with the record level of resources I have made available to An Garda Siochana will contribute significantly to making Ireland a safer place to live, work and go about your business as a law abiding citizen. It will make life more difficult for criminals and will strengthen the hand of the Gardai in their task of enforcing the law of the land."

A wide range of provisions are being commenced with immediate effect from today including the following:

Investigation and Prosecution of Offences

* Provision for the admissibility of witness statements in circumstances where a witness recants and refuses to stand over a previous statement;
* A new offence of reckless endangerment of children as recommended by the Ferns Report;
* New offences to deal with attacks against emergency workers with penalties up to 7 years imprisonment;
* New powers to be made available to the Garda Siochana including:
o the power to designate a place as a crime scene,
o the power to seize and retain evidence,
o a general power to seek a search warrant for a broad range of offences, and
o a power to apply to a court for an order for the disclosure of information concerning property held in trust
* The introduction of a new system of fixed charges for certain public order offences i.e. disorderly conduct in a public place and being intoxicated in a public place;
* Provisions to address a difficulty in relation to the jurisdiction of district court judges to issue a search warrant when he or she is outside his or her district, arising from the Supreme Court judgment in the Dylan Creaven case.

Firearms and Fireworks

* A statutory basis for an amnesty during which firearms, knives and offensive weapons may be surrendered to the Garda Siochana before new penalties and minimum mandatory sentences are introduced. This will enable people to regularise their position before the mandatory sentences are introduced thus enabling the Gardai to concentrate on more serious offenders. This amnesty will operate during September and October of this year;
* Increases in fines and penalties generally for offences under the Firearms Acts;
* Provisions to allow the Minister to deem certain firearms as "restricted" by reference to specific criteria, including the calibre, action type and muzzle energy of the firearm. Any person wishing to obtain a certificate for such a firearm will now have to apply directly to the Garda Commissioner;
* A new offence of possession of illegally imported fireworks with intent to supply;
* New offences governing the misuse of fireworks in public places, and
* Increases penalties governing the illegal importation, sale and use of fireworks.

Organised Crime and Drugs

* New definition of "criminal organisation" as a structured group composed of 3 or more persons acting in concert, established over a period of time and having as its main purpose or main activity the commission of or facilitation of a serious offence;
* New offences relating to participation in or assisting the activities of organised gangs;
* New offences relating to the importation of drugs in excess of Euro13,000 and the supply of drugs to prisons;
* Provisions to strengthen the existing sentencing provisions in relation to the 10 year mandatory minimum sentence for the possession of drugs for sale and supply and the application of the mandatory sentence to the new importation offence.

Prosecution Appeals

* Provision for a broadening of the circumstances in which the prosecution can appeal a decision on a point of law.


With effect from 2 October 2006 the following come into effect -

* The introduction of provisions allowing for a broader range of sentencing options as alternatives to imprisonment including;
o the power to suspend all or part of a sentence,
o the power to impose a fine and defer a custodial sentence
o the power to impose a restriction on movement order,
* Provisions requiring that convicted drug offenders are to provide certain notification as to their place of residence and movements.


With effect from 1st November 2006 the following come into effect -

* Mandatory minimum sentences, of between five and ten years, for certain firearms offences, including possession of a firearm in suspicious circumstances, possession of firearm with criminal intent, possession of a firearm with intent to endanger life or cause serious injury to property, possession of a firearm while hijacking a vehicle, and use or production of a firearm to resist arrest;
* New offences concerning the modification of firearms such as "sawing-off" a shotgun.


...

Commencement of the Criminal Justice Act 2006

Parts 1 to 8 and Part 15 of the Act, with the exception of a small number of sections in Parts 2 and 5, are being brought into force with effect from today 1 August. Parts 9 and 10 (other than the provisions on electronic monitoring) will become operational on 2 October while further parts of Part 5 will commence on 1 November.

Parts 11 and 13 of the Act ,which provide for civil mechanisms including court orders to deal with anti-social behaviour by adults and children respectively, will be commenced following the necessary consultations provided for in the Act between the Minister for Justice, Equality and Law Reform and the Commissioner of the Garda Siochana. Section 1(3) of the Act makes specific provision to this effect. This is to ensure that these provisions will only be commenced after the Commissioner has made the necessary arrangements to ensure the smooth introduction of these new procedures.

The commencement of Part 12 of the Act, which amends the Children Act 2001, requires close cooperation with other Departments and agencies, in particular the Departments of Education and Science and Health and Children. A process of consultation to plan for the implementation of these provisions is already underway. Sections 128-130, relating to the age of criminal responsibility, will automatically come into force on 16 October 2006.

The provisions in Part 14 (Criminal Law Codification Advisory Committee) will be commenced after the establishment of a research support unit for which expressions of interest have been invited recently from third level institutions and the putting in place of the necessary support structures to begin the process of codifica tion.

(Part 5 of the Act is the Firearms section btw)

Hauk

So...in short..does this mean that airsoft rifles < 1 joule are now...legal?

Hauk

Rovi

Hauk wrote:

So...in short..does this mean that airsoft rifles < 1 joule are now...legal?

Hauk

Unless anyone knows better/different, it looks like the parts to do with the amnesty, fines and penalties, and the powers of the minister to 'deem certain firearms as restricted' are the only ones currently brought into force.
I'd imagine that the 'further parts of Part 5 will commence on 1 November' will be the other stuff (licences, 'non-firearms', ranges, etc).

edited to add-
Has anyone heard anything on whether the minister plans to act on 'deem certain firearms as restricted'? Bringing it in with the first tranche of legislation leads to suspect that he might. Perhaps I'm being pessimistic?

Sparks

I've un-stickied this thread as the Bill has now been past and enacted; see the new thread on the Firearms Act 2006...