Criminal Records (Exchange of Information) Act 2019
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: (1) In this Act—
“Central Authority” means the central authority designated in the State under section 2 ;
“central authority”, in relation to a Member State, means a central authority designated in that Member State in accordance with Article 3 of the Framework Decision;
“conviction”, in relation to a person, means the conviction by a court of a natural person of an offence or, in the case of an appeal (whether against conviction or sentence, or both), the final decision of a court of the appeal or the withdrawal of the appeal, as recorded in the Criminal Records Database or, as the case may be, the criminal record of a Member State;
“court” means—
(a) in relation to a conviction of a person in the State, any court in the State exercising criminal jurisdiction and includes a Special Criminal Court but does not include a court martial, or
(b) in relation to a conviction of a person in a Member State or a third country, any court in the Member State or, as the case may be, third country exercising criminal jurisdiction;
“criminal record”, in relation to a Member State, means, subject to section 6(5), the national register or registers in the Member State containing a record of convictions in accordance with its national law;
“Criminal Records Database” means the database maintained by the Garda SÃ­ochÃ¡na that contains a record of convictions;
“enactment” has the same meaning as it has in the Interpretation Act 2005 ;
num: 2
paragraphs: (1) The Garda Commissioner is designated as the Central Authority in the State for the purposes of this Act and the Framework Decision.
(2) The Garda Commissioner may delegate in writing (in this section referred to as a “delegation”) such functions of the Central Authority as may be specified in the delegation to—
(a) members of the Garda SÃ­ochÃ¡na specified by rank or name, or
(b) members of the Garda SÃ­ochÃ¡na’s civilian staff specified by grade, position, name or otherwise,
and different functions may be so delegated to different persons.
(3) A delegation may—
(a) relate to the performance of a function either generally or in a particular case or class of case or in respect of a particular matter,
(b) be made subject to conditions or restrictions, and
(c) be revoked or varied by the Garda Commissioner at any time.
(4) A delegation does not preclude the Garda Commissioner from performing the function or functions to which the delegation relates.
(5) While a delegation is in force, a reference in this Act to the Central Authority, in so far as it relates to the performance of a function specified in the delegation, shall be construed as a reference to the person to whom the function is so delegated.
(6) An act or thing done by a person pursuant to a delegation has the same force and effect as if done by the Garda Commissioner.
(7) In this section, “Garda Commissioner” means the Commissioner of the Garda SÃ­ochÃ¡na.
num: 3
paragraphs: The Central Authority shall take such steps as may be necessary to ensure that when information relating to a conviction in the State of a person is recorded on the Criminal Records Database, it shall be accompanied by information, where available, in respect of the nationality or nationalities of the convicted person.
num: 4
paragraphs: (1) Where a person is—
(a) convicted in the State of an offence, and
(b) a national of one or more Member States,
num: 5
paragraphs: (1) Where the Central Authority receives information from a central authority of a Member State under Article 4(2) or (3) of the Framework Decision relating to a conviction in a Member State of a person who is national of the State, the Central Authority—
num: 6
paragraphs: (1) Where information from the Criminal Records Database in relation to a person is required—
(a) for the purposes of criminal proceedings against the person in the State, or
num: 7
paragraphs: (1) This section applies to a request made to the Central Authority by a central authority of a Member State (in this Act referred to as the “requesting Member State”) under Article 6 of the Framework Decision for information contained in the Criminal Record Database in relation to a person who is a national of the State.
(2) Where a request to which this section applies is made for the purposes of criminal proceedings in the requesting Member State, the Central Authority shall transmit to the central authority of the requesting Member State the following information (if any) in relation to the person who is the subject of the request:
(a) information relating to convictions in the State contained in the Criminal Records Database;
(b) information relating to convictions in a Member State transmitted to the Central Authority after 27 April 2012 under Article 4 of the Framework Decision and stored in accordance with section 5 ;
(c) information relating to convictions in a Member State transmitted to the Central Authority on or before 27 April 2012 and contained in the Criminal Records Database;
(d) information relating to convictions in a third country transmitted to the Central Authority and contained in the Criminal Records Database.
num: 8
paragraphs: (1) The Central Authority, upon receipt of a request from a central authority of a Member State under Article 6 of the Framework Decision for any information contained in the Criminal Records Database in relation to a person who is not a national of the State shall, where the request is for—
(a) the purposes of criminal proceedings in the requesting Member State, or
num: 9
paragraphs: (1) The Central Authority shall, subject to subsection (2), transmit replies to requests referred to in Article 6(1) of the Framework Decision as soon as practicable and in any event not later than 10 working days from the date the request is received.
(2) Where, upon receipt of a request referred to in Article 6(1) of the Framework Decision, the Central Authority requires further information to identify the person the subject of the request, it shall, as soon as practicable, consult the central authority that made the request for the purposes of enabling the Central Authority to provide a reply to the request concerned within 10 working days from the date on which the additional information is received.
(3) The Central Authority shall transmit replies to requests referred to in Article 6(2) of the Framework Decision within 20 working days from the date the request was received by the Central Authority.
num: 10
paragraphs: (1) The Central Authority shall transmit electronically, in the standardised format required by the Council Decision the following:
(a) information in accordance with section 4 ;
(b) requests in accordance with section 6 ;
(c) replies in accordance with section 7 or 8 ;
(d) all other relevant information in relation to the information, requests and replies referred to in paragraphs (a), (b) and (c).
(2) When transmitting information in accordance with section 4 (1), (2) or (3), 7 or 8 relating to the name or legal classification of an offence, the Central Authority shall, in respect of each offence referred to in the transmission, refer to the code opposite the category of offences set out in Annex A to the Council Decision to which the offence corresponds in accordance with Article 4(1) of that Decision.
(3) When transmitting information in accordance with section 4 (1), (2) or (3), 7 or 8 relating to a sentence, penalty or measure imposed in respect of a conviction, or any subsequent decision modifying the enforcement of the sentence, the Central Authority shall, in respect of each of the penalties and measures referred to in the transmission—
(a) refer to the code opposite the category of penalties and measures set out in Annex B to the Council Decision to which the penalty or measure corresponds in accordance with Article 4(2) of the Council Decision, and
(b) provide, where applicable, in accordance with Article 4(2) of, and Annex B to, the Decision, available information relating to the nature and conditions of the execution of the penalty or measure imposed.
num: 11
paragraphs: (1) Subject to subsection (3), personal data transmitted under Article 7(1) or (4) of the Framework Decision to the Central Authority for the purposes of criminal proceedings may be used only for the purposes of the criminal proceedings for which it was requested by the Central Authority as specified in the form referred to in section 6 (4).
num: 12
paragraphs: Where the Central Authority receives a request from a third country for information contained in the Criminal Records Database in relation to a person who is a national of the State, the Central Authority may, in respect of information relating to convictions in a Member State transmitted to it under Article 4 of the Framework Decision, reply only within the limitations that apply to the transmission of such information to other Member States in accordance with section 7 (2), (3) and (4).
num: 13
paragraphs: This Act is without prejudice to an obligation or power to provide or request information under any other enactment or rule of law.
num: 14
paragraphs: The expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.
num: 15
paragraphs: (1) This Act may be cited as the Criminal Records (Exchange of Information) Act 2019.
(2) This Act shall come into operation on such day or days as the Minister for Justice and Equality may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.