Non-Fatal Offences Against the Person The Non-Fatal Offence against the Person Act 1997 modernise law in relation to non-fatal offences against a person. Many common law crimes were abolished and replaced with statutory crimes. The elements of the respective crimes are now defined by the statute. The common law immunity for parents, teachers and other persons in loco parentis to use reasonable chastisement was abolished. […]
MARITIME SECURITY ACT 2004 REVISED Updated to 22 November 2021 AN ACT TO GIVE EFFECT TO THE UNITED NATIONS CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF MARITIME NAVIGATION, DONE AT ROME ON 10 MARCH 1988, AND TO THE PROTOCOL FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF FIXED PLATFORMS LOCATED ON THE CONTINENTAL SHELF, DONE AT ROME ON THAT […]
CRIMINAL JUSTICE ( UNITED NATIONS CONVENTION AGAINST TORTURE ) ACT, 2000 AN ACT TO GIVE EFFECT TO THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT ADOPTED BY RESOLUTION OF THE GENERAL ASSEMBLY OF THE UNITED NATIONS ON THE 10TH DAY OF DECEMBER, 1984, TO AMEND CERTAIN ENACTMENTS, AND TO PROVIDE FOR RELATED MATTERS. [14th June, 2000] BE IT ENACTED BY […]
Genocide International law criminalises certain very serious offences irrespective of domestic law. The four principal international crimes are genocide, crimes against humanity, war crimes, and aggression. Genocide is defined in the 1948 Genocide Convention as any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group, including killing members of the group; causing […]
Participation in Offences Principles of liability and offences similar to those in domestic criminal law apply to international criminal law. Concepts like aiding, abetting, duress, and self-defence mirror those applicable under domestic law. However, there are specialised offences in international law without parallels in domestic jurisdictions. The concept of a joint criminal enterprise exists in many, though not all, international crimes. Tribunals have adopted liability […]
Maintenance and champerty Maintenance is the of giving assistance to or encouraging of another in taking legal action by a person who does not have an interest in the action or other motive sufficient to justify his involvement. At common law, barratry was committed by a person who moved, encouraged and maintained suits or quarrels. Barratry was an indictable offence at common law, which has […]
2023 Act The 2023 Act broadens requirements for a sex offender to inform a prospective employer of a conviction when applying for work with children or vulnerable persons. The 2023 Act updates the prohibition on sex offenders working with children and vulnerable adults. It is without prejudice to provisions on the post release supervision of offenders under Part 5 and a prohibition may be imposed on […]
Sex Offenders Obligations The Sex Offenders Act 2001 aims to prevent certain persons from having access to children. It creates a Sex Offender’s register. Civil court orders may also be made against offenders. The notification obligations apply to the sexual offences committed against children. The duration of the notification obligation is linked to the length of sentence. Offenders must notify the Gardaí of their names […]
Criminal Offence The main purpose of the Criminal Justice (Female Genital Mutilation) Act 2012 is to prohibit female genital mutilation; along with providing for related offences — some of which apply to certain extra-territorial jurisdictions. The Act criminalises the act of doing female genital mutilation; it also provides for the offence of attempting to do an act of female genital mutilation. The offences of aiding, […]
Key Definitions “Damage” includes in relation to property to destroy, deface, dismantle or, whether temporarily or otherwise, render inoperable or unfit for use or prevent or impair the operation of, to do any act within the State that damages property outside the State, to do any act outside the State that damages property within the State, and to make an omission causing damage “Property” means […]
Criminal Law (Extraterritorial Jurisdiction) Act The primary purpose of the Act is to create extraterritorial jurisdiction over certain offences contained in the Non-Fatal Offences against the Person Act 1997 and the Criminal Law (Rape) (Amendment) Act 1990, as well as extending extraterritorial jurisdiction to murder and manslaughter committed abroad by Irish residents. The Act is to give further effect to the Council of Europe Convention […]
2021 Act Definitions ‘counterfeiting instrument’ includes any instrument, article, computer programme or data, and any other means specially designed or adapted for making a counterfeit of a currency note or coin; ‘currency instrument’ includes any instrument, article, computer programme or data, and any other means specially designed or adapted for making a currency note or coin; ‘security feature’ includes a hologram, watermark or other component […]
Perjury The Criminal Justice (Perjury and Related Offences) Act 2021 reformed the law of perjury and related offences. A person commits an offence 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— while lawfully sworn as a witness or as an interpreter, on affidavit, or in a statement […]
Intimate Images An “intimate image”, in relation to a person, means any visual representation (including any accompanying sound or document) made by any means including any photographic, film, video or digital representation— of the person’s genitals, buttocks or anal region and, in the case of a female, her breasts of the underwear covering the person’s genitals, buttocks or anal region and, in the case of […]
2020 Legislation The Harassment, Harmful Communications and Related Offences Act 2020 creates new offences in relation to harassment and harmful communications, both online and offline. The Act provides for two new offences to deal with the recording, distribution or publication of intimate images without consent and provides for the anonymity of victims of those offences. The Act also provides for an offence involving the distribution, […]
Scope The Criminal Justice (Offences Relating to Information Systems) Act 2017 amends the Criminal Damage Act 1991 insofar as it relates to computer data in the context of damage to property. The offences contained in the 1991 Act relating to computer data are deleted and instead being covered and expanded on in this Act, which includes “data” within the definition of “information system”. References to […]
Disorderly Conduct A licensee shall not permit disorderly conduct to take place on a licensed premises. Disorderly conduct means unreasonable behaviour by a person on licensed premises which, having regard to the circumstances, is likely to cause injury, fear or distress to any person on the premises. It includes but is not limited to violent, threatening, abusive, quarrelsome or insulting behaviour, conduct causing damage to […]
Charging Issues The same charge or proceedings may charge offences of assault, ill-treatment, neglect, abandonment or committing all or any of those offences in a manner likely to cause unnecessary suffering to the child’s health or seriously affect his welfare. A person charged with scheduled offences, as set out below, may also be charged with one or more of the above. A person convicted is […]
The Child & Proceedings In the case of any of the offences of child mistreatment and neglect etc., it is not necessary for the child in respect of whom the offence was committed to be brought before the Court or to be present for all or part of the proceedings. The Court may of its own motion or at the request of the parties, determine […]
Hacking A person who dishonesty either inside or outside the State operates a computer within the State with the intention to make a gain or causing a loss to another is guilty of an offence. It may be prosecuted on indictment with a maximum jail sentence of 10 years. This crime is part of the set of dishonesty-based offences provided for under general criminal law. […]
The Main Conventions The Geneva Convention 1864 provided protection during armed conflict, including provision for sick and wounded military personnel. In 1949 four new important Conventions were adopted in the wake of the Second World War. Convention I makes provision to improve conditions of wounded and sick in armed forces in the field. Convention II makes provision for the same at sea. Convention III makes […]
Criminal Organisation The 2006 Criminal Justice Acts strengthened measures directed at organised crime. A criminal organisation means a structured group howsoever organised that has its main purpose or activity, the commission or facilitation of serious offences. A serious offence is one for which a person may be imprisoned for four ears or more. A structured group is a group of three or more persons which […]
Overview of Offences The Explosive Substances Act 1883 provides that if a person within the State or an Irish citizen outside the State unlawfully and maliciously causes by any explosives substance an explosion of a nature likely to endanger life, or cause serious injury to property, shall, whether injury to person or property is actually caused, be guilty of an offence and, on conviction be […]
Begging The Criminal Justice (Public Order) Act 2011 makes provision to prohibit harassment or intimidation of members of the public by persons engaged in begging. It gives powers o the Garda Siochana to give directions to desist from begging in certain circumstances. A person begs if without lawful authority he/she requests or solicits money or goods from another person/persons and does not offer money in […]
Ant-Terrorism Conventions The Criminal Justice (Terrorist Offences) Act 2005 was enacted to give effect to a number of international Conventions and commitments undertaken by the States or by the European Union on behalf of the State. These include the European Union Framework Decision on Combating Terrorism; International Convention against Taking of Hostages; Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons (diplomats); […]
Offence of Participation A person is guilty of an offence if, with knowledge of the existence of the organisation, a person participates in or contributes to any activity (whether constituting an offence or not) intending either to enhance the ability of the criminal organisation or any of its members to commit or facilitate the commission by a criminal organisation or any of its members of […]
Criminal Organisation The Criminal Justice Act 2006 sought to target criminal organisations and organised crime. The legislation originated both from so-called gangland crimes but also from EU and international obligations. A criminal organisation is a structured group, however, organised, that has as its main purpose or activity, the commission or facilitation of serious offences. A structured group is a group of three or more persons, […]
Dwelling The Criminal Law (Defence of the Dwelling) Act 2011 seeks to limit the criminal and civil liability of a person regarding the use of force in a dwelling house or other dwelling of which he has a lawful occupant against persons who enter the dwelling to commit a criminal act. In effect, it changes the law on self-defence in this context. The legislation applies […]
Stirring up Hatred The Prohibition of Incitement to Hatred Act 1989 criminalises acts which are likely to stir up hatred. It is an offence to publish or distribute written material; to use words, behave or display written material, in any place, other than inside of private residence or inside of private residence so that the words behaviour or material are heard or seen by persons […]
Nature of Contempt Contempt of court is an act or omission which is calculated to interfere with the due administration of justice. Contempt of court covers a wide range of matters that interfere with the inherent power of courts in dealing with disputes and matters before them. Contempt arises where there is a real risk of prejudice to the administration of justice. The administration of […]
Escaping Lawful Custody It is an offence at common law to escape from lawful custody. This may apply both before a trial where a person is lawfully detained and after trial when a person is lawfully imprisoned. It is an offence for any law officer or other person engaged in the custody of prisoners to voluntarily or negligently allow the escape of the prisoner. The […]
Common law Crimes & Justice System The ancient common law crimes of barratry, maintenance and champerty seek to prevent persons without a direct interest in litigation from supporting it. It is assumed that this will increase the risk of unjustified litigation and create perverse incentives. Maintenance is an offence that consists of unlawful taking up of, upholding or assisting civil claims or quarrels of others […]
Fault The fact that the prosecution establishes that the defendant caused the particular prohibited conduct, is not usually enough to establish criminal responsibility. Offences usually require a mental element. More serious crimes require a mental element such as intention or recklessness. Other, particularly regulatory, offences may require only proof of the act and causation where applicable. They are “strict liability” offences. The law may require […]
Crimes In its broader sense, criminal law covers what are traditionally called crimes as well as many thousands of regulatory offences that are designed to uphold and enforce certain administrative and regulatory objectives. Throughout this guide are numerous references to such offences. The traditional and well-known crimes typically involve a mental element of deliberate or reckless behaviour. In contrast, many regulatory offences are offences of […]
Duress If the accused’s action were caused by threats, the defence of duress may be available. Duress may make the offence involuntary. The threats must generally be of serious violence, serious injury or death. It may be one of immediate death or personal violence which is so great as to overbear the ordinary powers of human resistance. However, in principle, there is no limitation of […]
Not Generally a Defence Intoxication is not generally a defence in criminal proceedings. In principle, intoxication may be relevant to whether a person has the requisite guilty mind, which is an element of many of the more serious crimes which usually require intention or recklessness. However, the courts lean strongly against the argument that intoxication may be a defence and may negate a mens rea […]
General The more serious crimes have both an act and a mental element. The “act” is the act and entire consequences, which constitutes the prohibited behaviour. The mental element is the requisite degree of intention, recklessness, or carelessness, which must accompany the act in order to constitute the crime. In the case of the more serious, it is usually necessary that they are intended, or […]