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 […]
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 […]
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 […]
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. […]
Warrants & Seizure In common with the other principal criminal law statutes, the Criminal Justice (Theft and Fraud Offences) Act provides specific provision in respect of investigation and trial of offences. There is a provision for the issue of a search warrant where there are reasonable grounds for suspecting that an offence under the Act has been committed and that evidence relating to such an […]
Forgery Making and Using A person is guilty of forgery if he makes a false instrument with the intent that it be used to induce another to accept it as genuine and by reason of accepting it to do some act or make some omission to the prejudice of that person or any other person. A person guilty of forgery is liable on conviction on […]
Common Law Offences It is an offence at common law which has not been repealed by the modern Forcible Entry legislation, forcibly to enter a property. The offence is committed by a person who takes possession of property in a violent manner, whether the violence consists of actual force applied to another person, threats, breaking open a house or collecting an undue number of persons […]
Deprivation, Ownership and Possession A person is regarded as owning property if he or she has possession or control of it or has any proprietary right or interest not being an equitable interest arising only under an agreement for transfer or the grant of an interest. Where property is subject to a trust, the person who owns it shall be regarded as including a beneficiary […]
Robbery Robbery is theft with violence. A person is guilty of robbery if he or she steals and immediately before or at the time of doing so, and in order to do so, uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force. Robbery requires proof of the elements of theft together […]
Reform of Dishonesty Offences Until 2001, theft fraud and related offences were governed principally by the Larceny Act, 1916. The act focused on stealing in the sense of taking a physical object. The legislation was comprehensively revised in England 1968 and in Northern Ireland in 1978 with modern theft legislation. The Theft Act takes a broader view of how economic benefits might be unlawfully taken […]
Deception “Dishonesty” for the purpose of deception is similar to that in respect of theft. Where a person does something in the honest belief such as drawing a cheque in the absence of funds, there would be no dishonesty if he believes that he has funds. On the other hand, if a person draws funds on a cheque that he knows he cannot be meet […]
Elements Burglary upholds the constitutional inviolability of the dwellinghouse. It has a longstanding common law basis. A burglar may be met with force to repel or arrest a burglar. A person is guilty of burglary if he or she enters a building or part of a building as a trespasser with intent to commit an arrestable offence or having entered a building as a trespasser […]
Handling / Receiving Stolen Property A person is guilty of handling stolen property if otherwise than in the course of stealing he or she knowing the property was stolen or being reckless as to whether it was stolen, dishonestly receives or arrange to receive it or undertakes or assists in its retention, removal, realization, disposal by or for the benefit of another person or arranges […]
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 […]