Criminal Justice (Perjury and Related Offences) Act 2021
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: (1) In this Act—
“Act of 2020” means the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 ;
“affidavit”, in the case of a person for the time being allowed by law to declare instead of swearing, includes declaration;
“enactment” has the same meaning as it has in the Interpretation Act 2005 ;
“judicial or other proceeding” means a proceeding before any—
(a) court,
(b) tribunal, including a tribunal of inquiry or a commission of investigation, or
(c) person having by law power to hear, receive and examine evidence on oath;
“oath”, in the case of a person for the time being allowed by law to affirm or declare instead of swearing, includes affirmation or declaration;
“perjury” shall, except where the context otherwise requires, be construed in accordance with section 2 (1);
“statutory declaration” means a declaration made under the Statutory Declarations Act 1938 ;
“subornation of perjury” shall, except where the context otherwise requires, be construed in accordance with section 3 (1);
“swear”, in the case of a person for the time being allowed by law to affirm or declare instead of swearing, includes affirm and declare.
(2) Section 21(3) of the Act of 2020 shall not apply in respect of any reference in this Act to an affidavit or a statutory declaration.
num: 2
paragraphs: (1) A person commits an offence (in this Act referred to as perjury) if he or she, in, or for the purpose of, a judicial or other proceeding, gives a statement material in the proceeding—
(a) while lawfully sworn as a witness or as an interpreter,
(b) on affidavit, or
(c) in a statement of truth made in place of an affidavit in accordance with section 21 of the Act of 2020,
that is false, and he or she knows to be false.
(2) Where, pursuant to an enactment, a statement is made by a person in a manner specified in paragraph (a), (b) or (c) of subsection (1)—
(a) within the State for the purposes of a proceeding outside the State and such proceeding corresponds to a judicial or other proceeding in the State, or
(b) outside the State for the purposes of a judicial or other proceeding within the State,
the statement shall be treated for the purposes of this Act as a statement made in such a manner in, or for the purpose of, a judicial or other proceeding in the State.
(3) Where proceedings are brought against a person for the alleged commission of perjury, the question as to whether a statement given by the person was material in a judicial or other proceeding is a question of law to be determined by the court of trial in the proceedings for perjury.
(4) This section is without prejudice to the Criminal Justice (Mutual Assistance) Act 2008 .
num: 3
paragraphs: (1) A person commits an offence (in this Act referred to as subornation of perjury) if he or she procures, persuades, induces or otherwise causes another person to commit perjury, knowing or being reckless as to whether the other person is committing such offence.
(2) For the purposes of subsection (1), it shall be immaterial whether or not the other person referred to in that subsection has been convicted of the perjury to which the alleged subornation of perjury relates.
(3) Where proceedings are brought against a person for the alleged commission of subornation of perjury, the question as to whether a statement given by the other person referred to in subsection (1) was material in a judicial or other proceeding is a question of law to be determined by the court of trial in the proceedings for subornation of perjury.
(4) This section is without prejudice to the Criminal Justice (Mutual Assistance) Act 2008 .
num: 4
paragraphs: (1) Where, on or after the coming into operation of this subsection, a person commits an offence referred to as perjury, howsoever described, in an enactment specified in Schedule 1 , he or she shall be liable to be proceeded against and punished as if he or she were guilty of perjury under this Act.
num: 5
paragraphs: (1) Any person required or authorised by law to make any statement on oath for any purpose, and being lawfully sworn (otherwise than in judicial or other proceedings) who gives or causes to be given, or adduces or causes to be adduced, a statement material for that purpose that—
(a) is false in any material respect, and
(b) he or she knows to be false,
commits an offence.
(2) A person who gives or causes to be given, or adduces or causes to be adduced, an affidavit for the purposes of the Bills of Sale (Ireland) Acts 1879 and 1883 that—
(a) is false in any material aspect, and
(b) he or she knows to be false,
commits an offence.
num: 6
paragraphs: (1) A person commits an offence if he or she, otherwise than on oath, gives or causes to be given, or adduces or causes to be adduced, a statement that is false in any material respect, and he or she knows to be false and the statement is made in any of the following:
(a) a statutory declaration;
(b) a statement of truth made in place of a statutory declaration in accordance with section 21 of the Act of 2020;
(c) an abstract, account, balance sheet, book, certificate, declaration, entry, estimate, inventory, notice, report, return, or other document which the person is authorised or required to make, attest, or verify, by or under any enactment;
(d) any oral declaration or oral answer which the person is required to make by, under, or in pursuance of any enactment.
(2) This section does not apply in respect of an offence to which section 69 of the Civil Registration Act 2004 applies.
num: 7
paragraphs: A person commits an offence if he or she, with intent to mislead any judicial or other proceeding—
(a) fabricates evidence by any means other than as provided for in respect of perjury or subornation of perjury, or
(b) knowingly makes use of such fabricated evidence.
num: 8
paragraphs: A person commits an offence if he or she incites another person to commit an offence under this Act.
num: 9
paragraphs: A person accused of an offence under this Act, or of any offence declared by any other Act—
(a) to be perjury or subornation of perjury, or
(b) to be punishable as perjury or subornation of perjury,
shall not be liable to be convicted of that offence upon the evidence of one witness only unless that evidence is corroborated in some material particular by evidence that implicates the person so accused.
num: 10
paragraphs: On a prosecution—
(a) for perjury alleged to have been committed on the trial of an indictment, or
(b) for subornation of perjury in respect of perjury alleged to have been committed on any such trial,
the fact of the former trial shall be sufficiently proved by the production of a certificate containing the substance and effect (omitting the formal parts) of the indictment and trial purporting to be signed by the registrar of the court concerned, or other person having the custody of the records of the court where the indictment was tried, or by the deputy of that registrar or such other person, without proof of the signature or official character of the person appearing to have signed the certificate.
num: 11
paragraphs: For the purposes of this Act, the forms and ceremonies used in administering an oath are immaterial, if—
(a) the court or person before whom the oath is taken has power to administer an oath for the purpose of verifying the statement in question, and
(b) if the oath has been administered in a form and with ceremonies which the person taking the oath has accepted without objection or has declared to be binding on him or her.
num: 12
paragraphs: A person who commits an offence under this Act is liable—
(a) on summary conviction, to a class B fine or to imprisonment for a term not exceeding 12 months, or both, or
(b) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 10 years, or both.
num: 13
paragraphs: (1) Where an offence under this Act is committed by a body corporate and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any wilful neglect of, a person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate or of a person purporting to act in such a capacity, that person, as well as the body corporate, is guilty of an offence and is liable to be proceeded against and punished as if guilty of the first-mentioned offence.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts or defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.
num: 14
paragraphs: (1) No proceedings for an offence under this Act, or for an offence of perjury or subornation of perjury under any other enactment or law, shall be brought except by, or with the consent of, the Director of Public Prosecutions.
(2) Notwithstanding the provisions of section 10 (4) of the Petty Sessions (Ireland) Act 1851 , summary proceedings in relation to an offence under this Act or an offence of perjury or subornation of perjury under any other enactment or law may be commenced—
(a) at any time within 12 months from the date on which the offence was committed, or
(b) at any time within 6 months from the date on which evidence that, in the opinion of the person by whom such proceedings are brought, is sufficient to justify the bringing of proceedings, comes to such person’s knowledge,
whichever is the later, but no such proceedings shall be commenced later than 3 years from the date on which the offence concerned was committed.
num: 15
paragraphs: (1) Where the making of a false statement is—
(a) an offence under section 5 or 6 of this Act, and
(b) an offence that is punishable on summary conviction only under another enactment that came into operation before the coming into operation of this Act,
a person shall be liable to be proceeded against for such an offence under the other enactment only.
(2) Where the making of a false statement is not only an offence under this Act but also by virtue of some other enactment is a corrupt practice or subjects the offender to any forfeiture or disqualification or to any penalty other than imprisonment or fine, then the liability of the offender under this Act shall be in addition to and not in substitution for his or her liability under that other enactment.
num: 16
paragraphs: (1) The Perjury Act 1586 and the Perjury Act 1729 are repealed.
num: 17
paragraphs: (1) This Act may be cited as the Criminal Justice (Perjury and Related Offences) Act 2021.