<\/span><\/h3>\nThe threatened force must be against a person.\u00a0 However, force applied to property held by a person may indirectly constitute force applied to a person.<\/p>\n
The tying up of employees followed by removal and stealing out of their presence would constitute robbery.<\/p>\n
It is sufficient that the victim or his agents are aware of the theft and are compelled by force or fear to submit to it.\u00a0 They may be equally prevented by violence or threat from becoming aware of the theft.<\/p>\n
The victim must be the custodian of the property so as to have sufficient possession and care of it. The stealing should be such that it is in his presence, either literally or in the extended sense that his possession and control extends to it.<\/p>\n
<\/p>\n
CRIMINAL JUSTICE (THEFT AND FRAUD OFFENCES) ACT 2001<\/h2>\n
REVISED<\/p>\n
Updated to 1 November 2023<\/p>\n
AN ACT TO AMEND THE LAW RELATING TO STEALING AND RELATED OFFENCES AND THEIR INVESTIGATION AND TRIAL; TO GIVE THE FORCE OF LAW TO PROVISIONS OF THE CONVENTION ON THE PROTECTION OF THE EUROPEAN COMMUNITIES’ FINANCIAL INTERESTS DONE AT BRUSSELS ON 26 JULY 1995 AND THE THREE PROTOCOLS TO THAT CONVENTION; AND TO PROVIDE FOR CONSEQUENTIAL AND RELATED MATTERS. [19th December, 2001]<\/p>\n
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n
PART 1<\/p>\n
Preliminary<\/p>\n
Short title and commencement.<\/h4>\n
1.\u2014(1) This Act may be cited as the Criminal Justice (Theft and Fraud Offences) Act, 2001.<\/p>\n
(2) Subject to subsection (3), this Act shall come into operation on such day or days as may be appointed by order or orders made by the Minister, either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions of this Act.<\/p>\n
(3) Parts 5 and 7 and sections 23, 53, 58 and 60(1) shall come into operation on the passing of this Act.<\/p>\n
Annotations<\/p>\n
Editorial Notes:<\/p>\n
E1
\nPower pursuant to subs. (2) exercised (1.08.2011) by Criminal Justice (Theft and Fraud Offences) Act 2001 (Commencement) Order 2011 (S.I. No. 394 of 2011).<\/p>\n
2. The 1st day of August 2011 is appointed as the day on which section 57 of the Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50 of 2001) shall come into operation.<\/p>\n
E2
\nPower pursuant to subs. (2) exercised (1.08.2002) by Criminal Justice (Theft and Fraud Offences) Act 2001 (Commencement) Order 2002 (S.I. No. 252 of 2002).<\/p>\n
The 1st day of August 2002 is fixed as the day on which the remaining provisions (other than section 57) of the Criminal Justice (Theft and Fraud Offences) Act 2001 shall come into operation, that is to say:<\/p>\n
(a) Parts 1, 2, 4 and 6, and<\/p>\n
(b) section 16 to 22, 54 to 56, 59, 60(2) and 61 to 65.<\/p>\n
Interpretation (general).<\/h4>\n
2.\u2014(1) In this Act\u2014<\/p>\n
\u201cappropriates\u201d has the meaning given to it by section 4(5);<\/p>\n
\u201cdeception\u201d has the meaning given to it by subsection (2);<\/p>\n
\u201cdishonestly\u201d means without a claim of right made in good faith;<\/p>\n
\u201cdocument\u201d includes\u2014<\/p>\n
(a) a map, plan, graph, drawing, photograph or record, or<\/p>\n
(b) a reproduction in permanent legible form, by a computer or other means (including enlarging), of information in non-legible form;<\/p>\n
\u201cgain\u201d and \u201closs\u201d have the meanings given to them by subsection (3);<\/p>\n
\u201cinformation in non-legible form\u201d means information which is kept (by electronic means or otherwise) on microfilm, microfiche, magnetic tape or disk or in any other non-legible form;<\/p>\n
\u201cowner\u201d and \u201cownership\u201d, in relation to property, have the meanings given to them by subsection (4);<\/p>\n
\u201cpremises\u201d includes a vehicle, vessel, aircraft or hovercraft or an installation in F1[the territorial sea or in a designated area (within the meaning of the Maritime Jurisdiction Act 2021)] or a tent, caravan or other temporary or movable structure;<\/p>\n
\u201cproperty\u201d means money and all other property, real or personal, including things in action and other intangible property;<\/p>\n
\u201crecord\u201d includes any information in non-legible form which is capable of being reproduced in permanent legible form;<\/p>\n
\u201cstealing\u201d means committing an offence under section 4, and cognate words shall be construed accordingly;<\/p>\n
\u201cstolen property\u201d includes property which has been unlawfully obtained otherwise than by stealing, and cognate words shall be construed accordingly;<\/p>\n
\u201ctheft\u201d has the meaning given to it by section 4(1); and<\/p>\n
\u201cunlawfully obtained\u201d means obtained in circumstances constituting an offence, and cognate words shall be construed accordingly.<\/p>\n
(2) For the purposes of this Act a person deceives if he or she\u2014<\/p>\n
(a) creates or reinforces a false impression, including a false impression as to law, value or intention or other state of mind,<\/p>\n
(b) prevents another person from acquiring information which would affect that person’s judgement of a transaction, or<\/p>\n
(c) fails to correct a false impression which the deceiver previously created or reinforced or which the deceiver knows to be influencing another to whom he or she stands in a fiduciary or confidential relationship,<\/p>\n
and references to deception shall be construed accordingly.<\/p>\n
(3) For the purposes of this Act\u2014<\/p>\n
(a) \u201cgain\u201d and \u201closs\u201d are to be construed as extending only to gain or loss in money or other property, whether any such gain or loss is temporary or permanent,<\/p>\n
(b) \u201cgain\u201d includes a gain by keeping what one has, as well as a gain by getting what one has not, and<\/p>\n
(c) \u201closs\u201d includes a loss by not getting what one might get, as well as a loss by parting with what one has.<\/p>\n
(4) For the purposes of this Act\u2014<\/p>\n
(a) a person shall be regarded as owning property if he or she has possession or control of it, or has in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest);<\/p>\n
(b) where property is subject to a trust, the persons who own it shall be regarded as including any person having a right to enforce the trust, and an intention to defeat the trust shall be regarded accordingly as an intention to deprive of the property any person having that right;<\/p>\n
(c) where a person receives property from or on behalf of another, and is under an obligation to that other person to retain and deal with that property or its proceeds in a particular way, that other person shall be regarded (as against the first-mentioned person) as the owner of the property;<\/p>\n
(d) where a person gets property by another’s mistake and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then the person entitled to restoration shall to the extent of that obligation be regarded (as against the first-mentioned person) as the owner of the property or its proceeds or an amount equivalent to its value, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property, proceeds or such amount;<\/p>\n
(e) property of a corporation sole shall be regarded as belonging to the corporation notwithstanding a vacancy in the corporation,<\/p>\n
and references to \u201cowner\u201d and \u201cownership\u201d shall be construed accordingly.<\/p>\n
(5) (a) A reference in this Act to a Part, section or Schedule is a reference to a Part, section or Schedule of this Act unless it is indicated that a reference to some other Act is intended.<\/p>\n
(b) A reference in this Act to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended.<\/p>\n
(c) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended, adapted or extended, whether before or after the passing of this Act, by or under any subsequent enactment.<\/p>\n
Annotations:<\/p>\n
Amendments:<\/p>\n
F1
\nSubstituted (22.11.2021) by Maritime Jurisdiction Act 2021 (28\/2021), s. 20(3) and sch. 2 item 23, S.I. No. 601 of 2021.<\/p>\n
<\/p>\n
Repeals, etc.<\/p>\n
3.\u2014(1) Subject to section 65, the Acts specified in Schedule 1 are repealed to the extent specified in the third column of that Schedule.<\/p>\n
(2) Any offence at common law of larceny, burglary, robbery, cheating (except in relation to the public revenue), extortion under colour of office and forgery is abolished.<\/p>\n
(3) The abolition of a common law offence mentioned in subsection (2) shall not affect proceedings for any such offence committed before its abolition.<\/p>\n
PART 2<\/p>\n
Theft and Related Offences<\/p>\n
Annotations<\/p>\n
Editorial Notes:<\/p>\n
E3
\nLiability for repayment on conviction under Part provided (1.12.2005) by Social Welfare (Consolidation) Act 2005 (26\/2005), s. 337, S.I. No. 923 of 2005.<\/p>\n
Theft.<\/h4>\n
4.\u2014(1) Subject to section 5, a person is guilty of theft if he or she dishonestly appropriates property without the consent of its owner and with the intention of depriving its owner of it.<\/p>\n
(2) For the purposes of this section a person does not appropriate property without the consent of its owner if\u2014<\/p>\n
(a) the person believes that he or she has the owner’s consent, or would have the owner’s consent if the owner knew of the appropriation of the property and the circumstances in which it was appropriated, or<\/p>\n
(b) (except where the property came to the person as trustee or personal representative) he or she appropriates the property in the belief that the owner cannot be discovered by taking reasonable steps,<\/p>\n
but consent obtained by deception or intimidation is not consent for those purposes.<\/p>\n
(3) (a) This subsection applies to a person who in the course of business holds property in trust for, or on behalf of, more than one owner.<\/p>\n
(b) Where a person to whom this subsection applies appropriates some of the property so held to his or her own use or benefit, the person shall, for the purposes of subsection (1) but subject to subsection (2), be deemed to have appropriated the property or, as the case may be, a sum representing it without the consent of its owner or owners.<\/p>\n
(c) If in any proceedings against a person to whom this subsection applies for theft of some or all of the property so held by him or her it is proved that\u2014<\/p>\n
(i) there is a deficiency in the property or a sum representing it, and<\/p>\n
(ii) the person has failed to provide a satisfactory explanation for the whole or any part of the deficiency,<\/p>\n
it shall be presumed, until the contrary is proved, for the purposes of subsection (1) but subject to subsection (2), that the person appropriated, without the consent of its owner or owners, the whole or that part of the deficiency.<\/p>\n
(4) If at the trial of a person for theft the court or jury, as the case may be has to consider whether the person believed\u2014<\/p>\n
(a) that he or she had not acted dishonestly, or<\/p>\n
(b) that the owner of the property concerned had consented or would have consented to its appropriation, or<\/p>\n
(c) that the owner could not be discovered by taking reasonable steps,<\/p>\n
the presence or absence of reasonable grounds for such a belief is a matter to which the court or jury shall have regard, in conjunction with any other relevant matters, in considering whether the person so believed.<\/p>\n
(5) In this section\u2014<\/p>\n
\u201cappropriates\u201d, in relation to property, means usurps or adversely interferes with the proprietary rights of the owner of the property;<\/p>\n
\u201cdepriving\u201d means temporarily or permanently depriving.<\/p>\n
(6) A person guilty of theft is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.<\/p>\n
Annotations:<\/p>\n
Editorial Notes:<\/p>\n
E4
\nOffence under section designated a relevant offence for purposes of Criminal Justice Act 2011 (9.08.2011) by Criminal Justice Act 2011 (22\/2011), s. 3 and sch. 1 para. 23, S.I. No. 411 of 2011.<\/p>\n
Exceptions to theft.<\/h4>\n
5.\u2014(1) Where property or a right or interest in property is or purports to be transferred for value to a person acting in good faith, no later assumption by that person of rights which that person believes himself or herself to be acquiring shall, by reason of any defect in the transferor’s title, amount to theft of the property.<\/p>\n
(2) A person cannot steal land, or things forming part of land and severed from it by or under his or her directions, except where the person\u2014<\/p>\n
(a) being a trustee, personal representative or other person authorised by power of attorney or as liquidator of a company or otherwise to sell or dispose of land owned by another, appropriates the land or anything forming part of it by dealing with it in breach of the confidence reposed in him or her, or<\/p>\n
(b) not being in possession of the land, appropriates anything forming part of the land by severing it or causing it to be severed, or after it has been severed, or<\/p>\n
(c) being in possession of the land under a tenancy or licence, appropriates the whole or part of any fixture or structure let or licensed to be used with the land.<\/p>\n
(3) For the purposes of subsection (2)\u2014<\/p>\n
(a) \u201cland\u201d does not include incorporeal hereditaments,<\/p>\n
\u201ctenancy\u201d means a tenancy for years or any less period and includes an agreement for such a tenancy,<\/p>\n
\u201clicence\u201d includes an agreement for a licence,<\/p>\n
and<\/p>\n
(b) a person who after the expiration of a tenancy or licence remains in possession of land shall be treated as having possession under the tenancy or licence, and \u201clet\u201d and \u201clicensed\u201d shall be construed accordingly.<\/p>\n
(4) A person who picks mushrooms or any other fungus growing wild on any land, or who picks flowers, fruit or foliage from a plant (including any shrub or tree) growing wild on any land, does not (although not in possession of the land) steal what is picked, unless he or she does it for reward or for sale or other commercial purpose.<\/p>\n
(5) Wild creatures, tamed or untamed, shall be regarded as property; but a person cannot steal a wild creature not tamed or ordinarily kept in captivity, or the carcase of any such creature, unless it has been reduced into possession by or on behalf of another person and possession of it has not since been lost or abandoned, or another person is in course of reducing it into possession.<\/p>\n
<\/p>\n
Robbery.<\/h4>\n
14.\u2014(1) 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.<\/p>\n
(2) A person guilty of robbery is liable on conviction on indictment to imprisonment for life.<\/p>\n
Annotations:<\/p>\n
Editorial Notes:<\/p>\n
E12
\nOffence under section may be re-tried with court approval as provided (1.09.2010) by Criminal Procedure Act 2010 (27\/2010), ss. 15-18 and sch. para. 21, S.I. No. 414 of 2010.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Nature of Robbery Robbery is aggravated theft.\u00a0 The accused must steal or attempt to steal.\u00a0 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.\u00a0 It may be a defence to robbery although the […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[61,62],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1069"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=1069"}],"version-history":[{"count":4,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1069\/revisions"}],"predecessor-version":[{"id":33635,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1069\/revisions\/33635"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1069"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1069"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1069"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}