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, abetting, counselling, […]
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 […]
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 […]
Child Mistreatment It is an offence for any person who has the custody, charge or care of a child wilfully to assault, ill-treat, neglect, abandon or expose the child, or cause or procure or allow the child to be assaulted, ill-treated, neglected, abandoned or exposed, in a manner likely to cause unnecessary suffering or injury to the child’s health or seriously to affect his wellbeing. […]
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 […]
The Criminal (Human Trafficking) (Amendment) Act, extends the scope of exploitative activities under the Criminal Law (Human Trafficking) Act. This is required to comply with a 2011 Directive of the European communities. It provides for the commission of a human trafficking offence by a public official which is treated as an aggravating circumstance for sentencing purposes. The definition of forced labour is based on the […]
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 […]
False imprisonment A person is guilty of the offence or false imprisonment if he intentionally or recklessly takes or detains or causes to be taken or detained or otherwise restricts the personal liberty of another, without his consent. This offence covers kidnapping and false imprisonment. It replaced the common law offence of kidnapping. Consent must be freely given as in the case of assault. See […]
Harassment Harassment occurs where the accused by his acts intentionally or recklessly seriously interferes with another’s peace or privacy or causes him alarm, distress or harm. A reasonable person must realise that the acts in question would cause such alarm, distress or harm to the other. “Harm” includes psychological harm. Harassment may be as a result of persistent communication with a person. It may also […]
Consent The absence of consent is required for assault. However, consent must be freely given. The person concerned must know the nature of the act. He must be of sound mind and full age. Consent is not a defence to the infliction of bodily injury or injuries constituting a breach of the peace.Most fights are unlawful. If they are in public, they constitute a breach […]
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. […]
Prohibition on Abortion It is an offence prohibited by the Offences against the Person Act to procure an abortion. The Offence against the Person Act prohibits the unlawful administration or use by a pregnant woman or anyone else of poisons or other nauseous things or other instruments or means in order to cause an abortion. The offence is committed if the act concerned is undertaken […]
Scope of Manslaughter Manslaughter is an unlawful homicide that is not murder. Manslaughter covers a very wide range of circumstances. Historically the longstanding mandatory punishment for murder (which formerly included the death penalty) had tended towards a preference on the part of juries for a verdict of manslaughter in more difficult cases. Manslaughter may be committed in a variety of ways. Death may arise out of a […]
Homicide The killing of a human being by another is referred to as homicide. Some homicides may be justifiable such as by reason of accident, misadventure, self-defence or execution of lawful orders. In highly exceptional circumstances, a homicide may be justifiable in the course of a riot in effecting an arrest or preventing escape or in times of war. Murder and manslaughter are distinct offences […]
Nature of Robbery Robbery is aggravated theft. The accused must steal or attempt to steal. The force or threat of force must be used in order to enable the accused to steal. Any defence available in respect of theft will be available in respect of robbery. It may be a defence to robbery although the circumstances may constitute an assault. This is so even if […]
Demanding with Menaces It is an offence for a person with a view to gain for himself or another or with intent to cause another loss to make an unwarranted demand with menaces. Menaces imply some element of threat, express or implied. What is or is not there is such a demand depends on the circumstances. A person guilty of the offence may be on […]
Criminal Homicide Criminal homicide refers to unlawful killing. The two main categories of unlawful killing are murder, which generally requires intention, and manslaughter, which requires gross negligence or recklessness. There is a separate offence of causing death by dangerous driving. Murder is the most serious offence under Irish law and carries a mandatory life sentence. A person may be liable for murder unless he is […]