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Criminal Justice Act 2006 (No. 26)Introductory TextActs Referred toPart 1 Preliminary and General (ss. 1-4)1. Short title and commencement.2. Interpretation.3. Regulations.4. Expenses.Part 2 Investigation of Offences (ss. 5-14)5. Designation of place as crime scene.6. Search warrants in relation to arrestable offences.7. Power to seize and retain evidence.8. Arrestable offences.9. Amendment of section 4 of Act of 1984.10. Amendment of Criminal Justice (Drug Trafficking) Act 1996.11. Amendment of section 42 of Criminal Justice Act 1999.12. Power of Garda Síochána to photograph arrested persons.13. Amendment of Act of 1984.14. Amendment of Criminal Justice (Forensic Evidence) Act 1990.Part 3 Admissibility of Certain Witness Statements (ss. 15-20)15. Definitions (Part 3).16. Admissibility of certain witness statements.17. Witness statements made to members of Garda Síochána.18. Other witness statements.19. Regulations concerning certain witness statements which are recorded.20. Amendment of section 4E of Act of 1967.Part 4 Appeals in Certain Criminal Proceedings (ss. 21-24)21. Reference of question of law to Supreme Court.22. Decision of Court of Criminal Appeal final save on certificate of Court, Attorney General or Director of Public Prosecutions.23. Amendment of section 2(2) of Criminal Justice Act 1993.24. Appeal against order for costs.Part 5 Amendment of Firearms Acts (ss. 25-67)25. Definitions (Part 5).26. Amendment of section 1 of Principal Act.27. Amendment of section 2 of Principal Act.28. New section 2A in Principal Act.29. New section 2B in Principal Act.30. Substitution of section 3 of Principal Act.31. New section 3A in Principal Act.32. Substitution of section 4 of Principal Act.33. New section 4A in Principal Act.34. New section 4B in Principal Act.35. Substitution of section 5 of Principal Act.36. Amendment of section 6 of Principal Act.37. Amendment of section 8 of Principal Act.38. Amendment of section 9 of Principal Act.39. Amendment of section 10 of Principal Act.40. New section 10A in Principal Act.41. Amendment of section 11 of Principal Act.42. Substitution of section 15 of Principal Act.43. New section 15A in Principal Act.44. Amendment of section 17 of Principal Act.45. Substitution of section 25 of Principal Act.46. New section 25A of Principal Act.47. New section 25B in Principal Act.48. New section 25C in Principal Act.49. New section 25D in Principal Act.50. Substitution of section 27 of Principal Act.51. New section 27A in Principal Act.Amendment of Firearms Act 1964 (ss. 52-61)52. Amendment of section 1 of Firearms Act 1964.53. Substitution of section 9 of Firearms Act 1964.54. Amendment of section 11 of Firearms Act 1964.55. Amendment of section 13 of Firearms Act 1964.56. Amendment of section 21 of Firearms Act 1964.57. Substitution of section 26 of Firearms Act 1964.58. Substitution of section 27 of Firearms Act 1964.59. Substitution of section 27A of Firearms Act 1964.60. Substitution of section 27B of Firearms Act 1964.61. New section 27C in Firearms Act 1964.Amendment of Criminal Justice Act 1984 (s. 62)62. Amendment of section 15 of Criminal Justice Act 1984.Amendment of Firearms and Offensive Weapons Act 1990 (ss. 63-67)63. Amendment of Firearms and Offensive Weapons Act 1990.64. New section 8A of Firearms and Offensive Weapons Act 1990.65. New section 12A in Firearms and Offensive Weapons Act 1990.66. Amendment of section 1 of Firearms (Firearm Certificates for Non-Residents) Act 2000.67. Amendment of section 2 of Firearms (Firearm Certificates for Non-Residents) Act 2000.Part 6 Amendment of Explosives Act 1875 (ss. 68-69)68. Substitution of section 80 of Explosives Act 1875.69. Other amendments of Explosives Act 1875.Part 7 Organised Crime (ss. 70-79)70. Interpretation (Part 7).71. Offence of conspiracy.71A. Offence of directing a criminal organisation.71B. Provisions with respect to proof of criminal organisation's existence.72. Offence to participate in, or contribute to, certain activities.72A. Offences under this Part: inferences that may be drawn.73. Commission of offence for criminal organisation.74. Proceedings relating to offences committed outside State.74A. Aggravating factor: serious offence committed as part of, or in furtherance of, activities of criminal organisation.74B. Exclusion of evidence in certain circumstances.75. Evidence in proceedings under this Part.76. Liability for offences by bodies corporate.77. Double jeopardy.78. Amendment of Act of 1967.79. Amendment of Schedule to Bail Act 1997.Part 8 Misuse of Drugs (ss. 80-86)80. Definition.81. Amendment of section 15A of Act of 1977.82. Importation of controlled drugs in excess of certain value.83. Supply of controlled drugs into prisons and places of detention.84. Amendment of section 27 of Act of 1977.85. Amendment of section 29 of Act of 1977.86. Amendment of section 3(1) of Criminal Justice Act 1994.Part 9 Obligations of Drug Trafficking Offenders to Notify Certain Information (ss. 87-97)87. Definitions (Part 9).88. Drug trafficking offences for purposes of this Part.89. Persons subject to the requirements of this Part.90. Period for which person is subject to requirements of this Part and related matters.91. Supply of information to facilitate compliance with this Part.92. Notification requirements.93. Discharge from obligation to comply with requirements of this Part.94. Offences in connection with notification requirements.95. Application of this Part to persons convicted outside State.96. Certificate as evidence of person's being subject to requirements of this Part.97. Proof of foreign conviction in certain cases.Part 10 Sentencing (ss. 98-112)98. Definitions (Part 10).99. Power to suspend sentence.100. Imposition of fine and deferral of sentence.101. Restriction on movement order.102. Electronic monitoring of restriction on movement order.103. Variation of restriction on movement order.104. Provisions regarding more than one restriction on movement order.105. Non-compliance with restriction on movement order.106. Amendment of section 5 of Criminal Justice Act 1951.107. Documentary evidence in relation to offenders.108. Temporary release of prisoners.109. Documentary evidence in relation to prisoners on temporary release.110. Amendment of section 2(1) of Criminal Justice Act 1960.111. Regulations regarding electronic monitoring devices.112. Electronic monitoring.Part 11 Civil Proceedings in Relation to Anti-Social Behaviour (ss. 113-119)113. Interpretation and application of this Part.114. Behaviour warnings.115. Civil orders.116. Appeals against a civil order.117. Offences.118. Legal aid.119. Regulations (legal aid).Part 12 Amendment of Children Act 2001 (ss. 120-158)120. Interpretation (Part 12).121. Amendment of section 2 of Act of 2001.122. Amendment of section 3 of Act of 2001.123. Substitution of section 18 of Act of 2001.124. Amendment of section 19 of Act of 2001.125. Amendment of section 23 of Act of 2001.126. Substitution of section 48 of Act of 2001.127. Substitution of section 49 of Act of 2001.128. Amendment of Title to Part 5 of Act of 2001.129. Substitution of section 52 of Act of 2001.130. Amendment of section 53 of Act of 2001.131. Amendment of section 59 of Act of 2001.132. New section 76A in Act of 2001.133. New section 76B in Act of 2001.134. New section 76C in Act of 2001.135. Substitution of section 88 of Act of 2001.136. Amendment of section 96 of Act of 2001.137. Change in title of principal probation officer.138. Amendment of section 91 of Act of 2001.139. Substitution of section 93 of Act of 2001.140. Amendment of section 136 of Act of 2001.141. Substitution of section 149 of Act of 2001.142. Amendment of section 155 of Act of 2001.143. New section 156A in Act of 2001.144. New section 156B in Act of 2001.145. Amendment of section 157 of Act of 2001.146. Substitution of section 159 of Act of 2001.147. New section 159A in Act of 2001.148. New section 159B in Act of 2001.149. Amendment of section 161 of Act of 2001.150. Amendment of section 165 of Act of 2001.151. Substitution of section 185 of Act of 2001.152. Substitution of section 186 of Act of 2001.153. New section 186A in Act of 2001.154. Substitution of section 198 of Act of 2001.155. Amendment of section 215 of Act of 2001.156. Amendment of section 227 of Act of 2001.157. Amendment of section 230 of Act of 2001.158. Minor and consequential amendments of Act of 2001.Part 13 Anti-Social Behaviour by Children (ss. 159-166)159. New section 257A in Act of 2001.160. New section 257B in Act of 2001.161. New section 257C in Act of 2001.162. New section 257D in Act of 2001.163. New section 257E in Act of 2001.164. New section 257F in Act of 2001.165. New section 257G in Act of 2001.166. New section 257H in Act of 2001.Part 14 Criminal Law Codification Advisory Committee (ss. 167-175)167. Criminal Law Codification Advisory Committee.168. Functions of Committee.169. Membership of Committee.170. Conditions of office of members of Committee.171. Vacancies among members of Committee.172. Meetings and procedure.173. Programme of Work of Committee.174. Funding of Committee.175. Report of Committee.Part 15 Miscellaneous (ss. 176-197)176. Reckless endangerment of children.177. Restriction of section 10(4) of Petty Sessions (Ireland) Act 1851.178. Amendment of Courts of Justice Act 1924.179. Amendment of Courts (Supplemental Provisions) Act 1961.180. Exercise of certain powers by judge of District Court outside district court district.181. Anonymity of certain witnesses.182. Information concerning property held in trust.183. Possession of article intended for use in connection with certain offences.183A. Possession of monies intended for use in connection with certain offences.184. Amendment of Criminal Justice (Public Order) Act 1994.185. Amendment of section 19 of Criminal Justice (Public Order) Act 1994.186. Amendment of section 1 of Criminal Justice (United Nations Convention Against Torture) Act 2000.187. Amendment of Offences Against the State Act 1939.188. Amendment of section 5 of Criminal Evidence Act 1992.189. Amendment of section 16B(7) of Proceeds of Crime Act 1996.190. Amendment of section 14 of Criminal Assets Bureau Act 1996.191. Amendment of section 5 of Prevention of Corruption (Amendment) Act 2001.192. Amendment of Criminal Justice (Theft and Fraud Offences) Act 2001.193. Amendment of section 25 of Petty Sessions (Ireland) Act 1851.194. Execution of certain warrants.195. Imprisonment or distress and sale of goods on conviction on indictment in default of payment of fine.196. Amendment of section 6(2)(a) of Criminal Law Act 1976.197. Amendment of section 13 of the Criminal Law (Insanity) Act 2006.Schedule 1 Increase of Certain Penalties under Firearms Acts 1925 to 2000Schedule 2 Increase in Certain Penalties under Explosives Act 1875Schedule 3 Offences for the purposes of restriction on movement ordersSchedule 4 Minor and Consequential Amendments of Children Act 2001
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 November 2006 - onwards
Version 2 of 2

57. Substitution of section 26 of Firearms Act 1964.

The following section is substituted for section 26 of the Firearms Act 1964:

"26. Possession of firearm while taking vehicle without authority.

(1) A person who contravenes subsection (1) of section 112 of the Road Traffic Act 1961 and who at the time of the contravention has with him or her a firearm or imitation firearm is guilty of an offence.

(2) A person guilty of an offence under this section is liable on conviction on indictment -

(a) to imprisonment for a term not exceeding 14 years or such shorter term as the court may determine, subject to subsections (4) to (6) of this section or, where subsection (8) of this section applies, to that subsection, and

(b) at the court’s discretion, to a fine of such amount as the court considers appropriate.

(3) The court, in imposing sentence on a person for an offence under this section, may, in particular, have regard to whether the person has a previous conviction for an offence under the Firearms Acts 1925 to 2006, the Offences against the State Acts 1939 to 1998 or the Criminal Justice (Terrorist Offences) Act 2005.

(4) Where a person (other than a person under the age of 18 years) is convicted of an offence under this section, the court shall, in imposing sentence, specify a term of imprisonment of not less than 5 years as the minimum term of imprisonment to be served by the person.

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