{"id":1086,"date":"2021-07-03T22:57:17","date_gmt":"2021-07-03T22:57:17","guid":{"rendered":"http:\/\/legalblog.ie\/?p=1086"},"modified":"2024-03-17T20:43:51","modified_gmt":"2024-03-17T20:43:51","slug":"defences-to-assault","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/defences-to-assault\/","title":{"rendered":"Defences to Assault"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/defences-to-assault\/#Consent\" title=\"Consent\">Consent<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/defences-to-assault\/#Limits_to_Consent\" title=\"Limits to Consent\">Limits to Consent<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/defences-to-assault\/#Defences\" title=\"Defences\">Defences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/defences-to-assault\/#Protection_of_Property\" title=\"Protection of Property\">Protection of Property<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/defences-to-assault\/#Preventing_Crime_or_Breach_of_the_Peace\" title=\"Preventing Crime or Breach of the Peace\">Preventing Crime or Breach of the Peace<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/defences-to-assault\/#Limits_to_Defences\" title=\"Limits to Defences\">Limits to Defences<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/defences-to-assault\/2\/#NON-FATAL_OFFENCES_AGAINST_THE_PERSON_ACT_1997\" title=\"NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997\">NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/defences-to-assault\/2\/#Justifiable_use_of_force_protection_of_person_or_property_prevention_of_crime_etc\" title=\"Justifiable use of force; protection of person or property, prevention of crime, etc.\">Justifiable use of force; protection of person or property, prevention of crime, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/defences-to-assault\/2\/#Justifiable_use_of_force_in_effecting_or_assisting_lawful_arrest\" title=\"Justifiable use of force in effecting or assisting lawful arrest.\">Justifiable use of force in effecting or assisting lawful arrest.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/defences-to-assault\/2\/#Meaning_of_%E2%80%9Cuse_of_force%E2%80%9D_and_related_provisions\" title=\"Meaning of \u201cuse of force\u201d and related provisions.\">Meaning of \u201cuse of force\u201d and related provisions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/defences-to-assault\/2\/#General_defences_etc\" title=\"General defences, etc.\">General defences, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/defences-to-assault\/2\/#Consent_by_minor_over_16_years_to_surgical_medical_and_dental_treatment\" title=\"Consent by minor over 16 years to surgical, medical and dental treatment.\">Consent by minor over 16 years to surgical, medical and dental treatment.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/defences-to-assault\/2\/#Abolition_of_defence_of_reasonable_chastisement\" title=\"Abolition of defence of reasonable chastisement\">Abolition of defence of reasonable chastisement<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/defences-to-assault\/2\/#Evidential_value_of_certain_certificates_signed_by_medical_practitioners\" title=\"Evidential value of certain certificates signed by medical practitioners.\">Evidential value of certain certificates signed by medical practitioners.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/defences-to-assault\/2\/#Construction_of_references_to_registered_medical_practitioner_and_Medical_Council_etc\" title=\"Construction of references to registered medical practitioner and Medical Council, etc.\">Construction of references to registered medical practitioner and Medical Council, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/defences-to-assault\/2\/#Amendment_of_Schedule_to_Criminal_Law_Jurisdiction_Act_1976\" title=\"Amendment of Schedule to Criminal Law (Jurisdiction) Act, 1976.\">Amendment of Schedule to Criminal Law (Jurisdiction) Act, 1976.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/defences-to-assault\/2\/#Amendment_of_First_Schedule_to_Extradition_Amendment_Act_1994\" title=\"Amendment of First Schedule to Extradition (Amendment) Act, 1994.\">Amendment of First Schedule to Extradition (Amendment) Act, 1994.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/defences-to-assault\/2\/#Amendment_of_section_9_of_Criminal_Law_Act_1997\" title=\"Amendment of section 9 of Criminal Law Act, 1997.\">Amendment of section 9 of Criminal Law Act, 1997.<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/defences-to-assault\/2\/#Amendment_of_Schedule_to_Bail_Act_1997\" title=\"Amendment of Schedule to Bail Act, 1997.\">Amendment of Schedule to Bail Act, 1997.<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/defences-to-assault\/2\/#Short_title_and_commencement\" title=\"Short title and commencement.\">Short title and commencement.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Consent\"><\/span>Consent<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The absence of consent is required for assault.\u00a0 However, consent must be freely given. The \u00a0person concerned must know the nature of the act.\u00a0 He must be of sound mind and full age.<\/p>\n<p>Consent is not a defence to the infliction of bodily injury or injuries constituting a breach of the peace.Most fights are unlawful.\u00a0 If they are in public, they constitute a breach of the peace.\u00a0 If they are in private, they would run the risk of actual harm, to \u00a0which a person may not consent.<\/p>\n<p>Persons over 16 years of age may give consent to any surgical, medical or dental treatment which would otherwise constitute a trespass to his person &#8211;<\/p>\n<p>There are limits to the extent to which a person may consent to the imposition of harm. \u00a0Questions of public interest arise as to how far persons should be allowed consent to the infliction of \u00a0bodily harm.\u00a0 The social acceptability of conduct would be relevant.\u00a0 Where there is no aggressive intent, parties may consent to certain acts in private where there is no compelling public reason to the contrary.<\/p>\n<p>Proof of psychological or psychiatric harm\u00a0 would normally require proof by an expert.\u00a0 There may be assault causing harm silent or threatening \u00a0phone calls on a persistent basis causing diagnosable symptoms or other or discernible harm.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Limits_to_Consent\"><\/span>Limits to Consent<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In the context of consent it has\u00a0 been held by the UK courts that sadomasochistic desires are not sufficiently good reason to permit consent to the \u00a0imposition of serious harm.<\/p>\n<p>A person knowing, he has a sexual disease, who recklessly transmit it to another through \u00a0consensual sexual intercourse may be guilty of causing serious harm. The consent is negated if the person\u00a0 concerned is unaware of the risk of being subject to a serious disease.<\/p>\n<p>A certificate signed by a registered medical practitioner relation to the examination of the victim shall until contrary prove the evidence of any fact certified without further proof of any signature.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Defences\"><\/span>Defences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are defences to the use of force in the legislation. They include<\/p>\n<ul>\n<li>self defence and defence of family<\/li>\n<li>protecting from trespass to the person<\/li>\n<li>protecting property from a criminal act<\/li>\n<li>protecting another&#8217;s property from a criminal act<\/li>\n<li>prevention of crime<\/li>\n<li>prevention of the breach of the peace<\/li>\n<li>effecting a lawful arrest<\/li>\n<\/ul>\n<p>This use of force must be as reasonable as is honestly believed necessary.\u00a0 A belief need not necessarily be objectively justified if it is honestly held.<\/p>\n<p>A person is deemed to use force in relation to another person not only when he applies force, but also when he causes an impact on the body of another person or property . A person is treated as using force in relation to another person if he \u00a0threatens that person with its use or he detains a person without actually using it.<\/p>\n<p>Force includes acts immediately preparatory for the use of force. A threat of force may be reasonable although the actual use of force may not be<\/p>\n<p>A member of a family or a person means a spouse, child, including stepchildren, adopted children, grandparent, parent, grandparent, stepparent, grandchild, half-brother, half-sister, uncle aunt, nephew, niece or co-habitee.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Protection_of_Property\"><\/span>Protection of Property<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The use of force for the following purposes if it is only such as reasonable in all the circumstance as he or she believe them to be is not an offence &#8212;<\/p>\n<ul>\n<li>protection of his or her property from appropriation, destruction, damage caused by a criminal act, \u00a0trespasser or infringement<\/li>\n<li>protection of property belonging to another from appropriation, destruction or damage caused by a criminal act or with the authority of that other from trespassing or infringing.<\/li>\n<\/ul>\n<p>Force may be used to expel a burglar.\u00a0 Force may be used to resist a person who attempts to take one&#8217;s property or another person&#8217;s property in the above circumstances.\u00a0 In the case of the trespasser, he should be first requested to leave the property before force is used.<\/p>\n<p>A person is not generally obliged to retreat from threatening circumstances, but the totality of the circumstances will be taken into account.Legislation has sought to remove the obligation to retreat in one\u2019s own home.. A person is not obliged to retreat within his dwelling house.<\/p>\n<p>The actions of the person exercising defence must be reasonable and proportionate in the case of property.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Preventing_Crime_or_Breach_of_the_Peace\"><\/span>Preventing Crime or Breach of the Peace<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The use of force, to prevent a crime or a breach of the peace, which is reasonable in the circumstances, is a defence. For this purpose, the conduct is deemed criminal notwithstanding that \u00a0person may not be convicted on the grounds of duress, involuntary action, being underage, absence of sound mind or intoxication.<\/p>\n<p>The protection of a person or property from anything includes protection from a state of affairs continuing. The question is as to whether an act in relation which force is used falls in the above categories is determined in accordance with \u00a0the circumstances as the person using the force believes them to be.<\/p>\n<p>A person who believes that circumstance \u00a0exist justifying or excusing the use of force has no defence if the force is used against a member of an Garda S\u00edoch\u00e1na acting in the course of his duty or a person assisting him, unless he or she believes the force to be immediately necessary\u00a0 to prevent harm to himself or another.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Limits_to_Defences\"><\/span>Limits to Defences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The defence does not apply to a \u00a0person who causes conduct or a state of affairs with a view to use in force to resist or terminate it.\u00a0 It may apply although the occasion for the use of force only arises because the person does something he may lawfully do, even if he knows that such occasion may arise.<\/p>\n<p>The above provisions apply to acts immediately preparatory for \u00a0the use of force as they apply to the use of force themselves.\u00a0 This may refer, for \u00a0example to acts of preparing for defence against attack. However, if the person continues the actions, or for example, possesses a weapon when the threat is no longer applicable, the defence is no longer available.<\/p>\n<p>The use of force by a person in effecting or assisting a lawful arrest is lawful provided strictly that it is reasonable in the circumstance as he believes them to be.<\/p>\n<p>The circumstances are determined in accordance with how the person using the force believes them to be. The fact that a person has an opportunity to retreat before using force is taken into account in conjunction with other relevant evidence in determining whether the use of force was reasonable.<\/p>\n<p><!--nextpage--><\/p>\n<h2>NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997<\/h2>\n<h4>Justifiable use of force; protection of person or property, prevention of crime, etc.<\/h4>\n<p>18.\u2014(1) The use of force by a person for any of the following purposes, if only such as is reasonable in the circumstances as he or she believes them to be, does not constitute an offence\u2014<\/p>\n<p>(a) to protect himself or herself or a member of the family of that person or another from injury, assault or detention caused by a criminal act; or<\/p>\n<p>(b) to protect himself or herself or (with the authority of that other) another from trespass to the person; or<\/p>\n<p>(c) to protect his or her property from appropriation, destruction or damage caused by a criminal act or from trespass or infringement; or<\/p>\n<p>(d) to protect property belonging to another from appropriation, destruction or damage caused by a criminal act or (with the authority of that other) from trespass or infringement; or<\/p>\n<p>(e) to prevent crime or a breach of the peace.<\/p>\n<p>(2) \u201cuse of force\u201d in subsection (1) is defined and extended by section 20.<\/p>\n<p>F9[(3) For the purposes of this section an act is &#8220;criminal&#8221; notwithstanding that the person doing the act\u2014<\/p>\n<p>(a) if charged with an offence in respect of it, would be acquitted on the ground that\u2014<\/p>\n<p>(i) he or she acted under duress,<\/p>\n<p>(ii) his or her act was involuntary,<\/p>\n<p>(iii) he or she was in a state of intoxication, or<\/p>\n<p>(iv) he or she was insane so as not to be responsible according to law for the act,<\/p>\n<p>or<\/p>\n<p>(b) was a person to whom section 52(1) of the Children Act 2001 applied.]<\/p>\n<p>(4) The references in subsection (1) to protecting a person and property from anything include protecting the person or property from its continuing; and the reference to preventing crime or a breach of the peace shall be similarly construed.<\/p>\n<p>(5) For the purposes of this section the question whether the act against which force is used is of a kind mentioned in any of the paragraphs (a) to (e) of subsection (1) shall be determined according to the circumstances as the person using the force believes them to be.<\/p>\n<p>(6) Notwithstanding subsection (1), a person who believes circumstances to exist which would justify or excuse the use of force under that subsection has no defence if he or she knows that the force is used against a member of the Garda S\u00edoch\u00e1na acting in the course of the member&#8217;s duty or a person so assisting such member, unless he or she believes the force to be immediately necessary to prevent harm to himself or herself or another.<\/p>\n<p>(7) The defence provided by this section does not apply to a person who causes conduct or a state of affairs with a view to using force to resist or terminate it:<\/p>\n<p>But the defence may apply although the occasion for the use of force arises only because the person does something he or she may lawfully do, knowing that such an occasion will arise.<\/p>\n<p>(8) Property shall be treated for the purposes of subsection (1) (c) and (d) as belonging to any person\u2014<\/p>\n<p>(a) having the custody or control of it;<\/p>\n<p>(b) having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest); or<\/p>\n<p>(c) having a charge on it;<\/p>\n<p>and where property is subject to a trust, the persons to whom it belongs shall be treated as including any person having a right to enforce the trust.<\/p>\n<p>Property of a corporation sole shall be treated for the purposes of the aforesaid provisions as belonging to the corporation notwithstanding a vacancy in the corporation.<\/p>\n<p>F10[(9) In subsection (3) &#8220;intoxication&#8221; means being under the intoxicating influence of any alcoholic drink, drug, solvent or any other substance or combination of substances.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F9<br \/>\nSubstituted (13.01.2012) by Criminal Law (Defence and the Dwelling) Act 2011 (35\/2011), s. 6(a), S.I. No. 2 of 2012.<\/p>\n<p>F10<br \/>\nInserted (13.01.2012) by Criminal Law (Defence and the Dwelling) Act 2011 (35\/2011), s. 6(b), S.I. No. 2 of 2012.<\/p>\n<h4>Justifiable use of force in effecting or assisting lawful arrest.<\/h4>\n<p>19.\u2014(1) The use of force by a person in effecting or assisting in a lawful arrest, if only such as is reasonable in the circumstances as he or she believes them to be, does not constitute an offence.<\/p>\n<p>(2) \u201cuse of force\u201d in subsection (1) is defined and extended by section 20.<\/p>\n<p>(3) For the purposes of this section the question as to whether the arrest is lawful shall be determined according to the circumstances as the person using the force believed them to be.<\/p>\n<h4>Meaning of \u201cuse of force\u201d and related provisions.<\/h4>\n<p>20.\u2014(1) For the purposes of sections 18 and 19\u2014<\/p>\n<p>(a) a person uses force in relation to another person or property not only when he or she applies force to, but also where he or she causes an impact on, the body of that person or that property;<\/p>\n<p>(b) a person shall be treated as using force in relation to another person if\u2014<\/p>\n<p>(i) he or she threatens that person with its use, or<\/p>\n<p>(ii) he or she detains that person without actually using it; and<\/p>\n<p>(c) a person shall be treated as using force in relation to property if he or she threatens a person with its use in relation to property.<\/p>\n<p>(2) Sections 18 and 19 shall apply in relation to acts immediately preparatory to the use of force as they apply in relation to acts in which force is used.<\/p>\n<p>(3) A threat of force may be reasonable although the actual use of force may not be.<\/p>\n<p>(4) The fact that a person had an opportunity to retreat before using force shall be taken into account, in conjunction with other relevant evidence, in determining whether the use of force was reasonable.<\/p>\n<p>Amendment of section 6 of the Criminal Damage Act, 1991.<\/p>\n<p>21.\u2014Section 6(2) of the Criminal Damage Act, 1991, is hereby amended by the substitution for paragraph (c) of the following paragraph:<\/p>\n<p>\u201c(c) if he damaged or threatened to damage the property in question or, in the case of an offence under section 4, intended to use or cause or permit the use of something to damage it, in order to protect himself or another or property belonging to himself or another or a right or interest in property which was or which he believed to be vested in himself or another and the act or acts alleged to constitute the offence were reasonable in the circumstances as he believed them to be.\u201d.<\/p>\n<h4>General defences, etc.<\/h4>\n<p>22.\u2014(1) The provisions of this Act have effect subject to any enactment or rule of law providing a defence, or providing lawful authority, justification or excuse for an act or omission.<\/p>\n<p>(2) Notwithstanding subsection (1) any defence available under the common law in respect of the use of force within the meaning of section 18 or 19, or an act immediately preparatory to the use of force, for the purposes mentioned in section 18(1) or 19(1) is hereby abolished.<\/p>\n<h4>Consent by minor over 16 years to surgical, medical and dental treatment.<\/h4>\n<p>23.\u2014(1) The consent of a minor who has attained the age of 16 years to any surgical, medical or dental treatment which, in the absence of consent, would constitute a trespass to his or her person, shall be as effective as it would be if he or she were of full age; and where a minor has by virtue of this section given an effective consent to any treatment it shall not be necessary to obtain any consent for it from his or her parent or guardian.<\/p>\n<p>(2) In this section \u201csurgical, medical or dental treatment\u201d includes any procedure undertaken for the purposes of diagnosis, and this section applies to any procedure (including, in particular, the administration of an anaesthetic) which is ancillary to any treatment as it applies to that treatment.<\/p>\n<p>(3) Nothing in this section shall be construed as making ineffective any consent which would have been effective if this section had not been enacted.<\/p>\n<p>Abolition of common law rule in respect of immunity of teachers from criminal liability for punishing pupils.<\/p>\n<p>24.\u2014The rule of law under which teachers are immune from criminal liability in respect of physical chastisement of pupils is hereby abolished.<\/p>\n<p>F11[<\/p>\n<h4>Abolition of defence of reasonable chastisement<\/h4>\n<p>24A.\u2014(1) The common law defence of reasonable chastisement is abolished.<\/p>\n<p>(2) Subsection (1) shall not apply in respect of proceedings brought against a person for an offence consisting in whole or in part of any act done by the person before the commencement of section 28 of the Children First Act 2015, whether those proceedings were brought before, on or after such commencement.<\/p>\n<p>(3) This section shall not affect the operation of section 24.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F11<br \/>\nInserted (11.12.2015) by Children First Act 2015 (36\/2015), s. 28, S.I. No. 555 of 2015.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E27<br \/>\nThe section heading is taken from the amending section in the absence of one included in the amendment.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<h4>Evidential value of certain certificates signed by medical practitioners.<\/h4>\n<p>F12[25.\u2014(1) In any proceedings for an offence alleging the causing of harm or serious harm to a person, the production of a certificate purporting to be signed by a registered medical practitioner and relating to\u2014<\/p>\n<p>(a) an examination of that person by the registered medical practitioner,<\/p>\n<p>(b) an examination of that person by another person who was acting under the supervision, or was otherwise subject to the authority, of the registered medical practitioner, or<\/p>\n<p>(c) the medical assessment by the registered medical practitioner of the medical records relating to an examination of that person,<\/p>\n<p>shall, unless the contrary is proved, be evidence of any fact or opinion (including an opinion in relation to the source or effect of, or a prognosis in respect of, harm or serious harm to the person) thereby certified without proof of any signature thereon or that any such signature is that of such registered medical practitioner.<\/p>\n<p>(2) A certificate to which subsection (1) applies shall include a statement as to which paragraph of that subsection applies to the registered medical practitioner who signs the certificate.<\/p>\n<p>(3) In this section, &#8220;registered medical practitioner&#8221; means a person who is a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F12<br \/>\nSubstituted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24\/2023), s. 26(1), S.I. No. 525 of 2023.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C3<br \/>\nPrior medical certificates unaffected by this section as provided (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24\/2023), s. 26(2), S.I. No. 525 of 2023.<\/p>\n<p>Amendment of section 25 of Act of 1997<\/p>\n<p>(2) The validity of a certificate to which section 25 of the Act of 1997 applies that was signed by a registered medical practitioner before the coming into operation of subsection (1) shall not be affected by such coming into operation.<\/p>\n<p>C4<br \/>\nReferences to \u201cregistered medical practitioner\u201d and \u201cGeneral Register of Medical Practitioners\u201d construed (16.03.2009) by Medical Practitioners Act 2007 (25\/2007), s. 108, S.I. No. 40 of 2009, as amended (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42\/2007), s. 20 and sch. 2, commenced on enactment.<\/p>\n<h4>Construction of references to registered medical practitioner and Medical Council, etc.<\/h4>\n<p>108.\u2014 (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2.<\/p>\n<p>(2) Every reference to the General Register of Medical Practitioners contained in any other enactment or any statutory instrument[, on and after the register establishment day,] shall be construed as a reference to any division of the register.<\/p>\n<h4>Amendment of Schedule to Criminal Law (Jurisdiction) Act, 1976.<\/h4>\n<p>26.\u2014The Schedule to the Criminal Law (Jurisdiction) Act, 1976, is hereby amended\u2014<\/p>\n<p>(a) by the deletion, in paragraph 5, of \u201cFalse imprisonment.\u201d, and<\/p>\n<p>(b) by the substitution for paragraph 7 of the following:<\/p>\n<p>\u201c7. Any offence under the following provisions of the Non-Fatal Offences against the Person Act, 1997\u2014<\/p>\n<p>(a) section 4 (causing serious harm);<\/p>\n<p>(b) section 15 (false imprisonment).\u201d.<\/p>\n<h4>Amendment of First Schedule to Extradition (Amendment) Act, 1994.<\/h4>\n<p>27.\u2014The First Schedule to the Extradition (Amendment) Act, 1994, is hereby amended\u2014<\/p>\n<p>(a) by the deletion, in paragraph 4, of \u201cFalse imprisonment.\u201d,<\/p>\n<p>(b) by the deletion, in paragraph 5, of \u201cAssault occasioning actual bodily harm.\u201d, and<\/p>\n<p>(c) the substitution for paragraph 6 of the following:<\/p>\n<p>\u201c6. Any offence under the following provisions of the Non-Fatal Offences against the Person Act, 1997\u2014<\/p>\n<p>(a) section 3 (assault causing harm);<\/p>\n<p>(b) section 4 (causing serious harm);<\/p>\n<p>(c) section 15 (false imprisonment).\u201d.<\/p>\n<p>&nbsp;<\/p>\n<h4>Amendment of section 9 of Criminal Law Act, 1997.<\/h4>\n<p>29.\u2014Section 9 of the Criminal Law Act, 1997, is hereby amended by the substitution for paragraph (a) of subsection (2) of the following paragraph:<\/p>\n<p>\u201c(a) manslaughter, or causing serious harm with intent to do so, or\u201d.<\/p>\n<h3>Amendment of Schedule to Bail Act, 1997.<\/h3>\n<p>30.\u2014The Schedule to the Bail Act, 1997, is hereby amended by\u2014<\/p>\n<p>(a) the deletion in paragraph 3 of \u201cAssault occasioning actual bodily harm.\u201d,<\/p>\n<p>(b) the deletion in paragraph 4 of \u201cKidnapping.\u201d,<\/p>\n<p>(c) the deletion in paragraph 5 of \u201cFalse imprisonment.\u201d, and<\/p>\n<p>(d) the substitution for the matter contained in paragraph 7 of the following:<\/p>\n<p>\u201cAny offence under the following provisions of the Non-Fatal Offences against the Person Act, 1997\u2014<\/p>\n<p>(a) section 3 (assault causing harm);<\/p>\n<p>(b) section 4 (causing harm);<\/p>\n<p>(c) section 5 (threats to kill or cause serious harm);<\/p>\n<p>(d) section 6 (syringe, etc. attacks);<\/p>\n<p>(e) section 7 (1) (offence of possession of syringe, etc. in certain circumstances);<\/p>\n<p>(f) section 8 (placing or abandoning syringe);<\/p>\n<p>(g) section 9 (coercion);<\/p>\n<p>(h) section 10 (harassment);<\/p>\n<p>(i) section 13 (endangerment);<\/p>\n<p>(j) section 14 (endangering traffic);<\/p>\n<p>(k) section 15 (false imprisonment);<\/p>\n<p>(l) section 16 (abduction of child by parent, etc.);<\/p>\n<p>(m) section 17 (abduction of child by other persons).\u201d.<\/p>\n<p>Repeals.<\/p>\n<p>31.\u2014Each enactment specified in column (2) of the Schedule to this Act is hereby repealed to the extent specified in column (3) of that Schedule.<\/p>\n<h4>Short title and commencement.<\/h4>\n<p>32.\u2014(1) This Act may be cited as the Non-Fatal Offences against the Person Act, 1997.<\/p>\n<p>(2) This Act (other than sections 6, 7, 8 and 10) shall come into operation 3 months after the date of its passing.<\/p>\n<p>(3) Sections 6, 7, 8 and 10 shall come into operation on the day after the date of the passing of this Act.<\/p>\n<p>SCHEDULE<\/p>\n<p>Enactments Repealed<\/p>\n<p>Section 31.<\/p>\n<p>Session and Chapter or Number and Year<\/p>\n<p>Short Title<\/p>\n<p>Extent of Repeal<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>24 &amp; 25 Vict., c.100<\/p>\n<p>Offences against the Person Act, 1861<\/p>\n<p>Sections 16 to 26, 28 to 34, 36, 37, 39, 40, 42, 46, 47, 53 to 56, 64, 65 and 73<\/p>\n<p>38 &amp; 39 Vict., c.86<\/p>\n<p>Conspiracy and Protection of Property Act, 1875<\/p>\n<p>Sections 6 and 7<\/p>\n<p>48 &amp; 49 Vict., c.69<\/p>\n<p>Criminal Law Amendment Act, 1885<\/p>\n<p>Paragraph (3) of section 3 and sections 7 and 8<\/p>\n<p>No. 2 of 1951<\/p>\n<p>Criminal Justice Act, 1951<\/p>\n<p>Section 11<\/p>\n<p>No. 32 of 1976<\/p>\n<p>Criminal Law Act, 1976<\/p>\n<p>Subsection (2) of section 11<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-1086\" data-postid=\"1086\" class=\"themify_builder_content themify_builder_content-1086 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Consent The absence of consent is required for assault.\u00a0 However, consent must be freely given. The \u00a0person concerned must know the nature of the act.\u00a0 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 [&hellip;]<\/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],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1086"}],"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=1086"}],"version-history":[{"count":8,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1086\/revisions"}],"predecessor-version":[{"id":33365,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1086\/revisions\/33365"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1086"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1086"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1086"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}