PART 9

Miscellaneous

Amendment of Garda Síochána (Complaints) Act 1986.

45 .— (1) Paragraph 2 of the First Schedule to the Garda Síochána (Complaints) Act 1986 is amended by the insertion of the following subparagraph after subparagraph (3):

“(3A) Notwithstanding subparagraphs (2) and (3), the term of office of a member of the Board ceases on the commencement of Schedule 1 to the Garda Síochána Act 2005 in so far as that Schedule relates to the repeal of this Act.”.

(2) Paragraph 1 of the Third Schedule to that Act is amended by the insertion of the following subparagraph after subparagraph (3):

“(3A) Notwithstanding subparagraphs (2) and (3), the term of office of a member of the Board ceases on the commencement of Schedule 1 to the Garda Síochána Act 2005 in so far as that Schedule relates to the repeal of this Act.”.

Amendment of Act of 2006.

46 .— The Act of 2006 is amended by the substitution of the following sections for section 183:

“Possession of article intended for use in connection with certain offences.

183.— (1) A person is guilty of an offence if he or she possesses or controls any article in circumstances giving rise to a reasonable inference that he or she possesses or controls it for a purpose connected with the commission, preparation, facilitation or instigation of—

(a) an offence under section 15 of the Non-Fatal Offences against the Person Act 1997 ,

(b) a drug trafficking offence within the meaning of section 3(1) of the Criminal Justice Act 1994 ,

(c) murder,

(d) murder to which section 3 of the Criminal Justice Act 1990 applies, or

(e) the common law offence of kidnapping to which section 2 of, and paragraph 4 of the Schedule to, the Criminal Law (Jurisdiction) Act 1976 applies.

(2) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence he or she did not possess or control the article concerned for a purpose specified in subsection (1).

(3) Where a person is charged with an offence under this section, no further proceedings in the matter (other than any remand in custody or on bail) may be taken except by or with the consent of the Director of Public Prosecutions.

(4) A person guilty of an offence under this section is liable on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or both.

(5) In this section—

‘ article ’ means a substance, document or thing;

‘ document ’ includes—

(a) a map, plan, graph, drawing, photograph or record, or

(b) a reproduction in permanent legible form, by a computer or other means (including enlarging), of information in non-legible form;

‘ information in non-legible form ’ includes information on microfilm, magnetic tape or disk.

Possession of monies intended for use in connection with certain offences.

183A.— (1) A person is guilty of an offence if he or she possesses or controls monies of a value of not less than €5,000 in circumstances giving rise to a reasonable inference that he or she possesses or controls the assets concerned for a purpose connected with the commission, preparation, facilitation or instigation of—

(a) an offence under section 14 of the Criminal Justice (Theft and Fraud Offences) Act 2001 ,

(b) an offence under section 15 of the Non-Fatal Offences against the Person Act 1997 ,

(c) a drug trafficking offence within the meaning of section 3(1) of the Criminal Justice Act 1994 ,

(d) an offence under section 17 of the Criminal Justice (Public Order) Act 1994 ,

(e) murder,

(f) murder to which section 3 of the Criminal Justice Act 1990 applies, or

(g) the common law offence of kidnapping to which section 2 of, and paragraph 4 of the Schedule to, the Criminal Law (Jurisdiction) Act 1976 applies.

(2) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence he or she did not possess or control the assets concerned for a purpose specified in subsection (1).

(3) Where a person is charged with an offence under this section, no further proceedings in the matter (other than any remand in custody or on bail) may be taken except by or with the consent of the Director of Public Prosecutions.

(4) A person guilty of an offence under this section is liable on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or both.

(5) In this section—

‘ monies ’ means coins and notes in any currency, bank drafts, postal orders, certificates of deposit and any other similar instruments easily convertible into money.”.

Amendment of section 15 of Criminal Justice (Theft and Fraud Offences) Act 2001.

47 .— The Criminal Justice (Theft and Fraud Offences) Act 2001 is amended—

(a) in section 15—

(i) in subsection (1), by the insertion of the following paragraph after paragraph (a):

“(aa) robbery,”,

and

(ii) by the substitution of the following subsection for subsection (2):

“(2) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence the article concerned was not in his or her possession for a purpose specified in subsection (1).”,

and

(b) in section 19(2), by the substitution of “€5,000” for “£1,500”.

Amendment of Act of 1984.

48 .— The Act of 1984 is amended—

(a) in section 6—

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

“(1A) Where photographs or fingerprints and palm prints, taken pursuant to subsection (1), are lost or damaged or are otherwise imperfect, they may be taken on a second or further occasion.”,

and

(ii) by the substitution of the following subsection for subsection (2):

“(2) The powers conferred by subsections (1)(c), (1)(d) or (1A) shall not be exercised except on the authority of a member of the Garda Síochána not below the rank of inspector.”,

and

(b) by the insertion of the following section after section 6:

“Use of reasonable force in certain circumstances.

6A.— (1) Without prejudice to the generality of section 6, a member of the Garda Síochána may, where—

(a) a person is detained under section 4, and

(b) he or she fails or refuses to allow his or her photograph or fingerprints and palm prints to be taken pursuant to section 6,

use such force as he or she reasonably considers to be necessary to take the photograph or fingerprints and palm prints.

(2) (a) Such a power shall not be exercised except on the authority of a member of the Garda Síochána not below the rank of superintendent.

(b) An authorisation pursuant to paragraph (a) may be given orally or in writing and if given orally shall be confirmed in writing as soon as practicable.

(3) Where a member of the Garda Síochána intends to exercise a power conferred by subsection (1), he or she shall inform the person—

(a) of that intention, and

(b) that an authorisation to do so has been given pursuant to subsection (2)(a).

(4) Photographs or fingerprints and palm prints taken pursuant to this section shall be taken in the presence of a member of the Garda Síochána not below the rank of inspector.

(5) The taking of such photographs and fingerprints and palm prints shall be video-recorded.”,

and

(c) in section 15(2), by the substitution of “€5,000” for “€2,500”.

Destruction of records.

49 .— The Act of 1984 is amended by the substitution of the following section for section 8:

“8.— (1) Where a person (in this section referred to as ‘the requester’) has had records taken in pursuance of powers conferred by section 6 or 6A of this Act or section 12 of the Act of 2006, and proceedings for an offence to which section 4 applies—

(a) are not instituted against the requester within the period of twelve months from the date of the taking of the records, and the failure to institute such proceedings within that period is not due to the fact that he or she has absconded or cannot be found, or

(b) have been so instituted and—

(i) the requester is acquitted,

(ii) the charge against the requester in respect of the offence concerned is dismissed under section 4E of the Criminal Procedure Act 1967 , or

(iii) the proceedings are discontinued,

he or she may request the Commissioner to have the records concerned destroyed or their use limited.

(2) For the purposes of subsection (1)(b)(ii), a charge against the requester in respect of the offence concerned shall be regarded as dismissed when—

(a) the time for bringing an appeal against the dismissal has expired,

(b) any such appeal has been withdrawn or abandoned, or

(c) on any such appeal, the dismissal is upheld.

(3) Such a request shall be made in writing to the Commissioner and shall—

(a) contain sufficient particulars in relation to the request to enable the records to be identified, and

(b) set out the reasons for the request.

(4) The Commissioner shall, as soon as may be, acknowledge receipt of the request in writing.

(5) The Commissioner shall, as soon as may be but not later than 4 weeks after receipt of the request, decide whether to grant or refuse to grant the request or whether to grant it in part and shall cause the requester to be notified in writing of the decision and the date on which it was made.

(6) Where the Commissioner decides to refuse the request or grant it only in part, the requester may within 8 weeks beginning on the date of the decision, appeal to the District Court against the decision.

(7) An appeal under subsection (6) shall—

(a) be on notice to the other party to the proceedings,

(b) set out reasons for the appeal, and

(c) be heard otherwise than in public.

(8) On appeal, the court may have regard in particular to—

(a) the results of analysis (if any) of the records concerned,

(b) any previous convictions of the requester, and

(c) whether, in all the circumstances, it would be unjust not to allow the appeal.

(9) The court may make such order as it sees fit on the appeal, including an order—

(a) for the destruction of the records, or

(b) an order authorising their retention for such purpose or period as it may direct.

(10) An appeal from a refusal or grant of an order of destruction of the District Court shall lie to a judge of the Circuit Court at the instance of the requester or the Commissioner, and the appeal shall be heard otherwise than in public.

(11) Where an order for the destruction of any records is made under this section, the Commissioner shall cause the requester to be notified in writing as soon as the records have been destroyed.

(12) The jurisdiction conferred on the District Court under this section shall be exercised by the judge of that Court assigned to the district court district where the requester resides.

(13) Nothing in this section shall—

(a) prevent or restrict the exercise of powers conferred by section 6 or 6A of this Act or section 12 of the Act of 2006, or

(b) pending the conclusion of proceedings under this section, prevent or restrict use of the records for the purpose of other proceedings or of a criminal investigation.

(14) This section does not apply to records taken inpursuance of powers conferred by section 6 of this Act or section 12 of the Act of 2006 before the commencement of thissection.

(15) In this section—

‘ Act of 2006 ’ means Criminal Justice Act 2006;

‘ Commissioner ’ means the Commissioner of the Garda Síochána;

‘ records ’ means a photograph (including a negative), fingerprints and palm prints taken in pursuance of the powers conferred by section 6 or 6A of this Act or section 12 of the Act of 2006 and every copy and related record thereof.”.

Powers of detention for specified offences.

50 .— (1) This section applies to—

(a) murder involving the use of a firearm or an explosive,

(b) murder to which section 3 of the Criminal Justice Act 1990 applies,

(c) an offence under section 15 of the Act of 1925, or

(d) an offence under section 15 of the Non-Fatal Offences against the Person Act 1997 involving the use of a firearm.

(2) Where a member of the Garda Síochána arrests without warrant, whether in a Garda Síochána station or elsewhere, a person (in this section referred to as “the arrested person”) whom he or she, with reasonable cause, suspects of having committed an offence to which this section applies, the arrested person—

(a) if not already in a Garda Síochána station, may be taken to and detained in a Garda Síochána station, or

(b) if he or she is arrested in a Garda Síochána station, may be detained in the station,

for such a period or periods authorised by subsection (3) if the member of the Garda Síochána in charge of the station concerned has at the time of the arrested person’s arrival at the station or his or her arrest in the station, as may be appropriate, reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence.

(3) (a) The period for which a person may be detained pursuant to subsection (2) shall, subject to the provisions of this subsection, not exceed 6 hours from the time of his or her arrest.

(b) A member of the Garda Síochána not below the rank of superintendent may direct that a person detained pursuant to subsection (2) be detained for a further period not exceeding 18 hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.

(c) A member of the Garda Síochána not below the rank of chief superintendent may direct that a person detained pursuant to a direction under paragraph (b) be detained for a further period not exceeding 24 hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.

(d) A direction pursuant to paragraph (b) or (c) may be given orally or in writing and, if given orally, shall be recorded in writing as soon as practicable.

(e) Where a direction has been given pursuant to paragraph (b) or (c), the fact that the direction was given, the date and time when it was given and the name and rank of the member of the Garda Síochána who gave it shall be recorded.

(f) The direction or, if it was given orally, the written record of it shall be signed by the member of the Garda Síochána giving it and—

(i) shall state the date and time when it was given, the member’s name and rank and that he or she had reasonable grounds for believing that such further detention was necessary for the proper investigation of the offence concerned, and

(ii) shall be attached to and form part of the custody record (within the meaning of the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 (S.I. No. 119 of 1987)) in respect of the person concerned.

(g) (i) A member of the Garda Síochána not below the rank of chief superintendent may apply to a judge of the Circuit Court or District Court for a warrant authorising the detention of a person detained pursuant to a direction under paragraph (c) for a further period not exceeding 72 hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.

(ii) On an application pursuant to subparagraph (i) the judge concerned shall issue a warrant authorising the detention of the person to whom the application relates for a further period not exceeding 72 hours if, but only if, the judge is satisfied that such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously.

(h) (i) A member of the Garda Síochána not below the rank of chief superintendent may apply to a judge of the Circuit Court or District Court for a warrant authorising the detention of a person detained under a warrant issued pursuant to paragraph (g)(ii) for a further period not exceeding 48 hours, if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.

(ii) On an application pursuant to subparagraph (i) the judge concerned shall issue a warrant authorising the detention of the person to whom the application relates for a further period not exceeding 48 hours if, but only if, the judge is satisfied that such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously.

(4) On an application pursuant to subsection (3) the person to whom the application relates shall be produced before the judge concerned and the judge shall hear any submissions made and consider any evidence adduced by or on behalf of the person and the member of the Garda Síochána making the application.

(5) When issuing a warrant pursuant to subsection (3) the judge concerned may order that the person concerned be brought before a judge of the Circuit Court or District Court at a specified time or times during the period of detention specified in the warrant and if, upon the person’s being so brought before such a judge, he or she is not satisfied that the person’s detention is justified, the judge shall revoke the warrant and order the immediate release from custody of the person.

(6) If at any time during the detention of a person pursuant to this section there are no longer reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence to which the detention relates, he or she shall, subject to subsection (7), be released from custody forthwith unless he or she is charged or caused to be charged with an offence and is brought before a court as soon as may be in connection with such charge or his or her detention is authorised apart from this Act.

(7) If at any time during the detention of a person pursuant to this section a member of the Garda Síochána, with reasonable cause, suspects that person of having committed an offence to which this section applies, other than the offence to which the detention relates and the member of the Garda Síochána then in charge of the Garda Síochána station has reasonable grounds for believing that the continued detention of the person is necessary for the proper investigation of that other offence, the person may continue to be detained in relation to the other offence as if that offence was the offence for which the person was originally detained.

(8) A person shall not be detained pursuant to this section for more than 168 hours from the time of his or her arrest, not including any period which is to be excluded under subsection (8) or (8A) of section 4 of the Act of 1984 (as applied by section 52 ) in reckoning a period of detention.

(9) Notwithstanding subsections (3) and (8), if—

(a) an application is made under subsection (3) for a warrant authorising the detention for a further period of a person detained under that subsection, and

(b) the period of detention pursuant to that subsection has not expired at the commencement of the hearing of the application but would, but for this paragraph, expire during the hearing,

it shall be deemed not to expire until the determination of the application.

(10) Nothing in this section shall affect the operation of section 30 of the Offences Against the State Act 1939 , section 4 of the Act of 1984 or section 2 of the Criminal Justice (Drug Trafficking) Act 1996 .

Rearrest.

51 .— (1) Where a person is detained pursuant to section 50 and is released without any charge having been made against him or her, he or she shall not—

(a) be arrested again in connection with the offence to which the detention related, or

(b) be arrested for any other offence which, at the time of the first arrest, the member of the Garda Síochána by whom he or she was arrested suspected, or ought reasonably to have suspected, him or her of having committed,

except under the authority of a warrant issued by a judge of the Circuit Court or District Court who is satisfied on information supplied on oath by a member of the Garda Síochána not below the rank of superintendent that further information has come to the knowledge of the Garda Síochána since the person’s release as to his or her suspected participation in the offence for which his or her arrest is sought.

(2) When issuing a warrant under subsection (1), the judge concerned may order that the person concerned be brought before a judge of the Circuit Court or District Court on arrest or at any specified time or times during the period of detention authorised by section 50 as applied by subsection (3) and if, upon the person’s being so brought before such a judge, he or she is not satisfied that the person’s detention is justified, the judge shall revoke the warrant and order the immediate release from custody of the person.

(3) Section 50 shall apply to a person arrested in connection with an offence to which that section relates under a warrant issued pursuant to subsection (1), as it applies to a person to whom that section applies, with the following and any other necessary modifications:

(a) in subsection (3), the substitution for paragraphs (c) and (d) of the following paragraphs:

“(c) A member of the Garda Síochána not below the rank of chief superintendent may apply to a judge of the Circuit Court or District Court for a warrant authorising the detention of a person detained pursuant to a direction under paragraph (b) for a further period not exceeding 24 hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.

(d) On an application under paragraph (c) the judge concerned shall issue a warrant authorising the detention of the person to whom the application relates for a further period not exceeding 24 hours if, but only if, the judge is satisfied that such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously.”;

and

(b) in paragraph (g)(i) of subsection (3), the substitution of “under a warrant issued pursuant to paragraph (d)” for “pursuant to a direction under paragraph (c)”.

(4) A person arrested in connection with an offence other than one to which section 50 relates, under a warrant issued pursuant to subsection (1), shall, subject to subsection (2), be dealt with under section 4 of the Act of 1984 in like manner as a person arrested without warrant to whom the said section 4 applies.

(5) Notwithstanding subsection (1), a person to whom that subsection relates may be arrested for any offence for the purpose of charging him or her with that offence forthwith.

(6) Where a person who has been arrested under section 30 of the Offences Against the State Act 1939 or detained under section 4 of the Act of 1984 or section 2 of the Criminal Justice (Drug Trafficking) Act 1996 in connection with an offence is released without any charge having been made against him or her, he or she shall not be detained pursuant to section 50 —

(a) in connection with the first-mentioned offence, or

(b) in connection with an offence to which section 50 relates and which, at the time of the first arrest, the member of the Garda Síochána by whom he or she was arrested, suspected, or ought reasonably to have suspected, him or her of having committed.

Application of certain provisions of Act of 1984.

52 .— Sections 4(4), 4(7), 4(8), 4(8A), 4(11), 5, 6(1) to (4), 6A, 8, 18, 19 and 19A of the Act of 1984 shall apply with any necessary modifications in relation to persons detained under section 50 as they apply to persons detained under section 4 of that Act.

Amendment of Criminal Justice (Forensic Evidence) Act 1990.

53 .— The Criminal Justice (Forensic Evidence) Act 1990 is amended—

(a) in section 2—

(i) in subsection (1), by the substitution of “ section 2 of the Criminal Justice (Drug Trafficking) Act 1996 or section 50 of the Criminal Justice Act 2007,” for “or section 2 of the Criminal Justice (Drug Trafficking) Act, 1996 ,”,

(ii) in subsection (3), by the insertion in paragraph (b) after “section 3(1) of the Criminal Justice Act, 1994 ” of “or an offence to which section 50 of the Criminal Justice Act 2007 applies”, and

(iii) in subsection (5), by the insertion in paragraph (a)(ii) after “within the meaning of 3(1) of the Criminal Justice Act 1994 ” of “or an offence to which section 50 of the Criminal Justice Act 2007 applies”, and

(b) in section 4(2), by the substitution of “ section 2 of the Criminal Justice (Drug Trafficking) Act 1996 or section 50 of the Criminal Justice Act 2007,” for “or section 2 of the Criminal Justice (Drug Trafficking) Act, 1996 ,”.

Amendment of section 5 of Criminal Justice (Drug Trafficking) Act 1996.

54 .— Section 5 of the Criminal Justice (Drug Trafficking) Act 1996 is amended by—

(a) the insertion of “4(8A),” after “4(8),”, and

(b) the substitution of “, 6A, 8, 18, 19 and 19A” for “and 8”.

Amendment of section 9 of Act of 1984.

55 .— Section 9 of the Act of 1984 is amended by—

(a) the insertion of “4(8A),” after “4(8),”, and

(b) the substitution of “, 6(3), 6A, 18, 19 and 19A” for “and 6(3)”.

Copy of recording of questioning by Garda Síochána to be given to accused.

56 .— (1) Where a person is before a court charged with an offence, a copy of any recording of the questioning of the person by a member of the Garda Síochána while he or she was detained in a Garda Síochána station, or such questioning elsewhere, in connection with the investigation of the offence shall be given to the person or his or her legal representative only if the court so directs and subject to such conditions (if any) as the court may specify.

(2) A recording referred to in subsection (1) of the questioning of a person shall not be given to the person by the Garda Síochána except in accordance with a direction or order of a court made under that subsection or otherwise and Regulation 16 of the Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 (S.I. No. 74 of 1997) is hereby revoked.

(3) In this section—

“ recording ” means a recording on tape of—

(a) an oral communication, statement or utterance, or

(b) a series of visual images which, when reproduced on tape, appear as a moving picture,

or both;

“ tape ” includes—

(a) a disc, magnetic tape, soundtrack or other device in which sounds or signals may be embodied for the purpose of being reproduced (with or without the aid of some other instrument) in audible form, and

(b) a film, disc, magnetic tape or other device in which visual images may be embodied for the purpose of being reproduced (with or without the aid of some other instrument) in visual form.

Admission in evidence of recording of questioning of accused by Garda Síochána.

57 .— (1) A court may admit in evidence at the trial of a person in respect of an offence—

(a) a recording by electronic or similar means, or

(b) a transcript of such a recording,

or both of the questioning of the person by a member of the Garda Síochána at a Garda Síochána station or elsewhere in connection with the investigation of the offence.

(2) Any statement made by the person concerned that is recorded in a recording which is admitted in evidence under subsection (1) may be admissible in evidence at the trial concerned notwithstanding the fact that—

(a) it was not taken down in writing at the time it was made, or

(b) that statement is not in writing and signed by the person who made it,

or both.

(3) This section shall not affect the admissibility in evidence at the trial of a person in respect of an offence of any statement that is recorded in writing made by the person during questioning by a member of the Garda Síochána at a Garda Síochána station or elsewhere in connection with the investigation of the offence (whether or not that statement is signed by the person) and irrespective of whether the making of that statement is recorded by electronic or similar means.

Amendment of section 8 of Criminal Assets Bureau Act 1996.

58 .— Section 8 of the Criminal Assets Bureau Act 1996 is amended—

(a) in subsection (2), by the substitution of “subject to subsections (5), (6), (6A), (6B), (6C) and (7)” for “subject to subsections (5), (6) and (7)”, and

(b) by the insertion of the following subsections after subsection (6):

“(6A) Without prejudice to the generality of subsection (6), a bureau officer who is an officer of the Revenue Commissioners or an officer of the Minister for Social and Family Affairs may, if and for so long as he or she is accompanied by a bureau officer who is a member of the Garda Síochána, attend at, and participate in, the questioning of a person detained pursuant to—

(a) section 4 of the Criminal Justice Act 1984 , or

(b) section 2 of the Criminal Justice (Drug Trafficking) Act 1996 (including that section as applied by section 4 of that Act),

in connection with the investigation of an offence but only if the second-mentioned bureau officer requests the first-mentioned bureau officer to do so and the second-mentioned bureau officer is satisfied that the attendance at, and participation in, such questioning of the first-mentioned bureau officer is necessary for the proper investigation of the offence concerned.

(6B) A bureau officer who attends at, and participates in, the questioning of a person in accordance with subsection (6A) may not commit any act or make any omission which, if committed or made by a member of the Garda Síochána, would be a contravention of any regulation made under section 7 of the Criminal Justice Act 1984 .

(6C) An act committed or omission made by a bureau officer who attends at, and participates in, the questioning of a person in accordance with subsection (6A) which, if committed or made by a member of the Garda Síochána, would be a contravention of any regulation made under the said section 7 shall not of itself render the bureau officer liable to any criminal or civil proceedings or of itself affect the lawfulness of the custody of the detained person or the admissibility in evidence of any statement made by him or her.”.

Amendment of section 29 of Courts of Justice Act 1924.

59 .— Section 29 of the Courts of Justice Act 1924 is amended—

(a) in subsection (1), by the substitution of “Subject to subsection (9A) of this section, no appeal shall lie” for “No appeal shall lie”,

(b) by the insertion of the following subsection after subsection (5):

“(5A) The Supreme Court, in an appeal under subsection (2) or (3) of this section, may, if it considers it appropriate to do so, hear argument and make a determination in relation to any part (not only the point of law of exceptional public importance which is the subject of the certificate concerned issued under whichever of those subsections is appropriate) of the decision of the Court of Criminal Appeal concerned.”,

and

(c) by the insertion of the following subsection after subsection (9):

“(9A) This section shall not affect the operation of section 3 of the Criminal Justice Act 1993 .”.

Amendment of section 99 of Act of 2006.

60 .— Section 99 of the Act of 2006 is amended—

(a) in subsection (9), by the substitution of “the court before which proceedings for the offence are brought shall, before imposing sentence for that offence” for “the court before which proceedings for the offence were brought shall, after imposing sentence for that offence”,

(b) in subsection (10), by the substitution of “other than a period spent in custody by the person in respect of an offence referred to in subsection (9)” for “other than a period during which the person was serving a sentence of imprisonment in respect of an offence referred to in subsection (9)”,

(c) by the insertion of the following subsection after subsection (10):

“(10A) The court referred to in subsection (10) shall remand the person concerned in custody or on bail to the next sitting of the court referred to in subsection (9) for the purpose of that court imposing sentence on that person for the offence referred to in that subsection.”,

(d) in subsection (11), by the substitution of the following paragraph for paragraph (a):

“(a) Where an order under subsection (1) is revoked under subsection (10), a sentence of imprisonment (other than a sentence consisting of imprisonment for life) imposed on the person concerned under subsection (10A) shall not commence until the expiration of any period of imprisonment required to be served by the person under subsection (10).”,

and

(e) by the addition of the following subsection:

“(20) Where a court imposes a sentence of a term of imprisonment that is to run consecutively to a sentence of a term of imprisonment the operation of a part of which is suspended, the first-mentioned sentence shall commence at the expiration of the part of the second-mentioned sentence the operation of which is not suspended.”.