{"id":1105,"date":"2021-07-04T21:08:18","date_gmt":"2021-07-04T21:08:18","guid":{"rendered":"http:\/\/legalblog.ie\/?p=1105"},"modified":"2024-03-21T18:00:33","modified_gmt":"2024-03-21T18:00:33","slug":"burglary-related-offences","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/burglary-related-offences\/","title":{"rendered":"Burglary &#038; Like Offences"},"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\/burglary-related-offences\/#Elements\" title=\"Elements\">Elements<\/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\/burglary-related-offences\/#Entry_into_Building\" title=\"Entry into Building\">Entry into Building<\/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\/burglary-related-offences\/#Trespass_and_Intent\" title=\"Trespass and Intent\">Trespass and Intent<\/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\/burglary-related-offences\/#Intent\" title=\"Intent\">Intent<\/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\/burglary-related-offences\/#Aggravated_burglary\" title=\"Aggravated burglary.\">Aggravated burglary.<\/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\/burglary-related-offences\/#Aggravated_Trespass\" title=\"Aggravated Trespass\">Aggravated Trespass<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/burglary-related-offences\/#Power_of_Gardai\" title=\"Power of Gardai\">Power of Gardai<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/burglary-related-offences\/#Possession_of_Housebreaking_Implements\" title=\"Possession of Housebreaking Implements\">Possession of Housebreaking Implements<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/burglary-related-offences\/#Bail\" title=\"Bail\">Bail<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/burglary-related-offences\/#Sentencing\" title=\"Sentencing\">Sentencing<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/burglary-related-offences\/2\/#CRIMINAL_JUSTICE_THEFT_AND_FRAUD_OFFENCES_ACT_2001\" title=\"CRIMINAL JUSTICE (THEFT AND FRAUD OFFENCES) ACT 2001\">CRIMINAL JUSTICE (THEFT AND FRAUD OFFENCES) ACT 2001<\/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-12\" href=\"https:\/\/legalblog.ie\/burglary-related-offences\/2\/#Interpretation_general\" title=\"Interpretation (general).\">Interpretation (general).<\/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\/burglary-related-offences\/2\/#Theft\" title=\"Theft.\">Theft.<\/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\/burglary-related-offences\/2\/#Exceptions_to_theft\" title=\"Exceptions to theft.\">Exceptions to theft.<\/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\/burglary-related-offences\/2\/#Making_gain_or_causing_loss_by_deception\" title=\"Making gain or causing loss by deception.\">Making gain or causing loss by deception.<\/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\/burglary-related-offences\/2\/#Obtaining_services_by_deception\" title=\"Obtaining services by deception.\">Obtaining services by deception.<\/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\/burglary-related-offences\/2\/#Making_off_without_payment\" title=\"Making off without payment.\">Making off without payment.<\/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\/burglary-related-offences\/2\/#Unlawful_use_of_computer\" title=\"Unlawful use of computer.\">Unlawful use of computer.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/burglary-related-offences\/2\/#False_accounting\" title=\"False accounting.\">False accounting.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/burglary-related-offences\/2\/#Suppression_etc_of_documents\" title=\"Suppression, etc., of documents.\">Suppression, etc., of documents.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/burglary-related-offences\/2\/#Burglary\" title=\"Burglary.\">Burglary.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/burglary-related-offences\/2\/#Aggravated_burglary-2\" title=\"Aggravated burglary.\">Aggravated burglary.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/burglary-related-offences\/2\/#Robbery\" title=\"Robbery.\">Robbery.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/burglary-related-offences\/2\/#Possession_of_certain_articles\" title=\"Possession of certain articles.\">Possession of certain articles.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/burglary-related-offences\/2\/#Criminal_Justice_Burglary_of_Dwellings_Act_2015\" title=\"Criminal Justice (Burglary of Dwellings) Act 2015\">Criminal Justice (Burglary of Dwellings) Act 2015<\/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-26\" href=\"https:\/\/legalblog.ie\/burglary-related-offences\/2\/#Amendment_of_section_2_of_Bail_Act_1997\" title=\"Amendment of section 2 of Bail Act 1997\">Amendment of section 2 of Bail Act 1997<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/burglary-related-offences\/2\/#Consecutive_sentencing_for_burglary_of_dwelling\" title=\"Consecutive sentencing for burglary of dwelling\">Consecutive sentencing for burglary of dwelling<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Elements\"><\/span>Elements<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Burglary upholds the constitutional inviolability of the dwellinghouse. It has a longstanding common law basis.\u00a0 A burglar may be met with force to repel or arrest a burglar.<\/p>\n<p>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 commits or attempts to commit an offence.\u00a0An arrestable offence is one with a maximum penalty of more than 5 years.<\/p>\n<p>Burglary may arise where a person enters a building with the intent of committing a non-theft related offence.\u00a0 This may, for example, include an assault or other offence with penalty of more than 5 years.<\/p>\n<p>Burglary requires an intention to enter as a trespasser and an intention to commit an arrestable offence or having so entered, he commits such an offence. In the case of the first type of burglary where a building is entered as a trespasser with the intent to commit an arrestable offence, the relevant time is the time of entry.<\/p>\n<p>In the case of the second type of burglary, where having entered a building as a trespasser a person commits or attempts to commit an arrestable offence, the relevant time is at the time the offence is committed.It is no defence to burglary to show that the defendant did not intend to steal unless he found particular objects or things, so that his intention was conditional.<\/p>\n<p>The maximum penalty for burglary upon conviction on indictment is 14 years imprisonment\u00a0or an unlimited fine or both.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Entry_into_Building\"><\/span>Entry into Building<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The slightest entry into a building is sufficient.\u00a0 Indeed, the insertion of an instrument into a building for the purpose of an offence would be sufficient.\u00a0 A partial entry may not be sufficient if it is ineffective.<\/p>\n<p>A building includes any structure intended to be permanent or to endure for a time.\u00a0\u00a0A building covers dwelling houses, shops and offices.\u00a0 It need not necessarily be inhabited.\u00a0 It is likely to cover outhouses and temporary structures including caravans, inhabited tents, mobile homes and mobile retail units.\u00a0 A distinction may be drawn between motorised vehicles as such and vehicles that are connected to permanent facilities, such as electricity.<\/p>\n<p>Burglary may be committed by entering into a part of a building in excess of or without consent.\u00a0 The requisite intent must apply to that part.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Trespass_and_Intent\"><\/span>Trespass and Intent<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A trespass is an entry on land without invitation, consent or justification.\u00a0 An entry with consent for a particular purpose would be deemed void and therefore unlawful if another purpose is undertaken or if the person exceeds the limits of consent.<\/p>\n<p>As in other contexts, consent must be free and real. \u00a0A consent obtained by fraud, force or deception would not be free. \u00a0A consent may of necessity, be limited.\u00a0 If a person exceeds the terms of the consent, e.g. by appropriating items, then the entry is a trespass notwithstanding that there may be ostensible or apparent consent. \u00a0If a person believes he has entered with consent he is not a trespasser.<\/p>\n<p>If a person enters with consent but later breaches the terms of that consent he may not have entered the premises building as trespasser. However he may become a trespasser at that later time.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Intent\"><\/span>Intent<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Burglary requires that the person has the intention to commit an arrestable offence when he enters the building or that having so entered he commits such an offence in it or attempts to so commit.<\/p>\n<p><span style=\"font-family: inherit; font-style: inherit; font-weight: inherit;\">An arrestable offence is an offence fon which a person of full age who has not previously been convicted may be punished with imprisonment for a term of five years or more.\u00a0 Formerly it was required that there be an intent to commit certain listed crimes.<\/span><\/p>\n<p>The intent is the important factor. \u00a0For example, if it is impossible to commit the intended crime because for example, the victim is not there, burglary is nonetheless committed.<\/p>\n<p>The second form of burglary requires proof that a person who entered as a trespasser committed or attempted to commit theft. Similarly, an intent to steal generally rather than a specific intent to steal particular items is sufficient.\u00a0 The fact that stealing is impossible is irrelevant.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Aggravated_burglary\"><\/span>Aggravated burglary.<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Aggravated burglary is burglary committed where the perpetrator has a firearm, imitation firearm, any weapon of offence or explosive. A weapon of offence is as defined above.\u00a0 The maximum penalty is life imprisonment.<\/p>\n<p>Firearm covers guns or other weapons from which bullets, shots, charges may be discharged crossbows, stun guns or other weapons for causing shock or disablement an imitation firearm is that which has the appearance of a firearm.<\/p>\n<p>Weapons of offence include any article with a blade or sharp point, articles adopted for use for causing injury or incapacitating a person which or intended for such use or threatening such use or weapon of \u00a0any description for the discharge of noxious liquid, gas or other noxious things.<\/p>\n<p>Explosives include anything which produces a practical effect by explosion or intended to have such effect. \u00a0In relation to aggravated burglary the defendant must be aware that he had the relevant article in his possession. It is not necessary that he intended to actually use it in the course of that burglary.<\/p>\n<p>An explosive includes any article manufactured for the purpose of producing a practical effect by explosion or intended by the person having it with him for that purpose.<\/p>\n<p>A firearm includes<\/p>\n<ul>\n<li>A lethal firearm or weapon from which any shot, bullet or missile can be discharged<\/li>\n<li>an airgun and air rifle, an air pistol or other weapon incorporating a barrel from which metal or other slugs can be discharged.<\/li>\n<li>a crossbow.<\/li>\n<li>any type of stun gun or other weapon causing shock or disablement to a person by means of electricity or energy transmission.<\/li>\n<\/ul>\n<p>An offensive weapon includes an article that has a blade or sharp point.\u00a0 It includes any article made or adapted for use for causing injury, for incapacitating a person or intended by the person having it with him or her for such use or for threatening such use or any weapon of whatever description designed for the discharge of any noxious liquid, noxious gas or another noxious thing.<\/p>\n<p>Weapons of offence potentially include quite a wide category of items that may be used to cause harm or to incapacitate a person.<\/p>\n<p>A person is liable on conviction on indictment for aggravated burglary to imprisonment for life.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Aggravated_Trespass\"><\/span>Aggravated Trespass<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is a separate offence under the Criminal Justice Public Order Act to enter a building or the curtilage e of a building as a trespasser or be in the vicinity of the same for the purpose of trespassing in circumstances which give a reasonable inference that the entry or presence was with the intent to commit an offence or to unlawfully interfere with property.<\/p>\n<p>The offence is subject on summary conviction to a fine up to \u20ac1,270 or to imprisonment for a term up to six months or both.<\/p>\n<p>It is an offence to be on premises as a trespasser in possession of a knife, blade or similar pointed object or any offensive weapon.\u00a0 The premises concerned are any building or part of building or land ancillary to a building. An offensive weapon is one made or adapted to cause injury or incapacitation or intended for such use.<\/p>\n<p>It is an offence to enter a building as a trespasser or the vicinity of a building in circumstances which would give rise to a reasonable inference that the entry was for the purpose or intent of committing an offence or to unlawfully interfere with any property in the building. This does not require proof or intention on the part of the defendant.<\/p>\n<p>It is an offence for a person without reasonable excuse to trespass on a building or the curtilage in such manner as is likely to cause fear in another person or in fact causes fear.\u00a0 The Gardai may require the person to cease acting in a manner or leave the vicinity and leave their vicinity.\u00a0 A failure to obey is also an offence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Power_of_Gardai\"><\/span>Power of Gardai<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A member of Garda S\u00edoch\u00e1na who finds a person in a place to which the above relates and suspects with reasonable cause that such person is or has been acting in a manner contrary to this provision may direct that the person desists from acting in such manner and leave immediately the vicinity concerned in a peaceful and orderly manner.<\/p>\n<p>It is an offence to fail to comply with the direction given without lawful authority or reasonable excuse.\u00a0 The offence is subject on summary conviction to a fine up to \u20ac2m500 or imprisonment up to 12 months or both.\u00a0 In the case of failure to comply with the direction of a member of Garda S\u00edoch\u00e1na, the potential punishment is a fine up to \u20ac1000 and up to six months imprisonment or both.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Possession_of_Housebreaking_Implements\"><\/span>Possession of Housebreaking Implements<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence to possess certain articles with the intent that they may be used in the commission of an offence.\u00a0 A person who other than at his place of residence is in possession of any article with the intention that it be used in the course of a theft or burglary, robbery, deception, obtaining services by fraud, blackmail, extortion, demanding with menaces or taking road vehicle without authority is guilty of an offence.<\/p>\n<p>Separately it is an offence to possess without lawful authority or excuse an article made or adopted for use in effecting any of the offences.\u00a0 This may apply even inside a person&#8217;s home. The offences cover house breaking implements and any other articles which may be used for the offences.\u00a0 The maximum penalty is a fine or imprisonment of up to 5 years on indictment. \u00a0The court may order the disposal of the items concerned.<\/p>\n<p>It is an offence where a person without lawful authority or reasonable excuse, is in possession of an article made or adapted for use in the course of or in connection with the commission of an offence of the above type. This offence may be committed if the person is at his home.<\/p>\n<p>As with other offences of possession, physical custody alone is not enough. There must be some knowledge and intention to control the thing concerned.<\/p>\n<p>The offence applies to any article.\u00a0 Under the predecessor legislation, it was limited to housebreaking implements.\u00a0 There is no limit to the type of articles that may be included.\u00a0 For example, disguises, gloves, jemmies and tools for opening doors and windows may be included.<\/p>\n<p>There must be an intention on the part of the accused to use the article in the course of, or in connection with one of the above types of offence.\u00a0 It need not necessarily be intended for use by himself.<\/p>\n<p>It need not be proved to be in connection with a specific burglary or test.\u00a0 A general intention to use for any such purposes suffices.<\/p>\n<p>It is a defence to prove that the person concerned was not in possession of the article for one of the purposes mentioned.\u00a0 It is a defence to prove the article was not made or adapted for use in the course of or in connection with the commission of one of the above offences.<\/p>\n<p>Where a person is convicted of an offence under the above provision the court may order that the tools be forfeited, destroyed or disposed of as the court may order.\u00a0 The order takes effect on the expiry of the appeal period.<\/p>\n<p>The penalty on conviction of indictment is imprisonment up to five years or a fine or both.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Bail\"><\/span>Bail<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Act provides that certain matters must be taken into account by a court in deciding whether to refuse bail in certain circumstances to provide for the imposition of consecutive sentences for certain offences committed in a dwelling.<\/p>\n<p>Where the offence is under the Criminal Justice (Theft and Fraud Offences) are serious offences for the purpose of the bail legislation. The bail legislation permits the court to refuse bail to persons charged with serious offence where it is reasonably considered necessary to prevent the commission of another serious offence by the person.<\/p>\n<p>The 2015 Act applies where the court is considering a bail application from an adult charged with a burglary or aggravated burglary offence. Final discretion to grant or refuse bail is left with the courts. However, the court in deciding whether it is considered reasonably necessary to refuse bail to prevent the commission of a series offence, where the offence is being committed in a dwelling, court must consider the existence of the below circumstances as evidence that the person is likely to commit an offence in a dwelling.<\/p>\n<p>The provision sets out the circumstances. The circumstances concerned are when the accused person is convicted of a domestic burglary committed in the five years before the bail application and that person has been convicted of at least two domestic burglaries committed in the period starting six months before and ending six months after the alleged commission of the offence for which he is seeking bail or the person has been charged with at least two domestic burglaries, allegedly committed in the same period, or the person has been convicted of at least one domestic burglary committed and charge with at least one other domestic burglary allegedly committed in the same period.<\/p>\n<p>This does not affect the operation of the children&#8217;s legislation which provides for non-disclosure of certain findings of guilt relating to offences committed by persons under 18 years of age.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Sentencing\"><\/span>Sentencing<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A court which decides to impose a custodial sentence for multiple burglaries of dwelling may impose the sentences consecutively. The discretion of the court to decide or otherwise is not restricted. It is a matter for the sentencing court however where an adult is being sentenced for imprisonment for domestic burglary and was convicted of another domestic burglary committed in the five years before the offence and was sentenced to imprisonment for another domestic burglary committed in the period starting six months before or ending six months after the offence for which he was sentenced.<\/p>\n<p>Any sentence of imprisonment which the court chooses to impose for the offence for which he is currently being sentenced, must be consecutive 20 sentences of imprisonment imposed for those prior domestic burglaries. This applies where the offence was committed after the Act comes into effect. It applies however, regardless of whether the previous acts were committed on, before or after that commencement of the Act.<\/p>\n<p>The aggregate terms of imprisonment, for consecutive sentences imposed by the District Court, is two years. No restriction applies to the Circuit Court.<\/p>\n<p><!--nextpage--><\/p>\n<h2>CRIMINAL JUSTICE (THEFT AND FRAUD OFFENCES) ACT 2001<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 1 November 2023<\/p>\n<p>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&#8217; 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<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>PART 1<\/p>\n<p>Preliminary<\/p>\n<p>Short title and commencement.<\/p>\n<p>1.\u2014(1) This Act may be cited as the Criminal Justice (Theft and Fraud Offences) Act, 2001.<\/p>\n<p>(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<p>(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<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\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<p>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<p>E2<br \/>\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<p>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<p>(a) Parts 1, 2, 4 and 6, and<\/p>\n<p>(b) section 16 to 22, 54 to 56, 59, 60(2) and 61 to 65.<\/p>\n<h4>Interpretation (general).<\/h4>\n<p>2.\u2014(1) In this Act\u2014<\/p>\n<p>\u201cappropriates\u201d has the meaning given to it by section 4(5);<\/p>\n<p>\u201cdeception\u201d has the meaning given to it by subsection (2);<\/p>\n<p>\u201cdishonestly\u201d means without a claim of right made in good faith;<\/p>\n<p>\u201cdocument\u201d includes\u2014<\/p>\n<p>(a) a map, plan, graph, drawing, photograph or record, or<\/p>\n<p>(b) a reproduction in permanent legible form, by a computer or other means (including enlarging), of information in non-legible form;<\/p>\n<p>\u201cgain\u201d and \u201closs\u201d have the meanings given to them by subsection (3);<\/p>\n<p>\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<p>\u201cowner\u201d and \u201cownership\u201d, in relation to property, have the meanings given to them by subsection (4);<\/p>\n<p>\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<p>\u201cproperty\u201d means money and all other property, real or personal, including things in action and other intangible property;<\/p>\n<p>\u201crecord\u201d includes any information in non-legible form which is capable of being reproduced in permanent legible form;<\/p>\n<p>\u201cstealing\u201d means committing an offence under section 4, and cognate words shall be construed accordingly;<\/p>\n<p>\u201cstolen property\u201d includes property which has been unlawfully obtained otherwise than by stealing, and cognate words shall be construed accordingly;<\/p>\n<p>\u201ctheft\u201d has the meaning given to it by section 4(1); and<\/p>\n<p>\u201cunlawfully obtained\u201d means obtained in circumstances constituting an offence, and cognate words shall be construed accordingly.<\/p>\n<p>(2) For the purposes of this Act a person deceives if he or she\u2014<\/p>\n<p>(a) creates or reinforces a false impression, including a false impression as to law, value or intention or other state of mind,<\/p>\n<p>(b) prevents another person from acquiring information which would affect that person&#8217;s judgement of a transaction, or<\/p>\n<p>(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<p>and references to deception shall be construed accordingly.<\/p>\n<p>(3) For the purposes of this Act\u2014<\/p>\n<p>(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<p>(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<p>(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<p>(4) For the purposes of this Act\u2014<\/p>\n<p>(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<p>(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<p>(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<p>(d) where a person gets property by another&#8217;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<p>(e) property of a corporation sole shall be regarded as belonging to the corporation notwithstanding a vacancy in the corporation,<\/p>\n<p>and references to \u201cowner\u201d and \u201cownership\u201d shall be construed accordingly.<\/p>\n<p>(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<p>(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<p>(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<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\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>&nbsp;<\/p>\n<p>Repeals, etc.<\/p>\n<p>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<p>(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<p>(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<p>PART 2<\/p>\n<p>Theft and Related Offences<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E3<br \/>\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<h4>Theft.<\/h4>\n<p>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<p>(2) For the purposes of this section a person does not appropriate property without the consent of its owner if\u2014<\/p>\n<p>(a) the person believes that he or she has the owner&#8217;s consent, or would have the owner&#8217;s consent if the owner knew of the appropriation of the property and the circumstances in which it was appropriated, or<\/p>\n<p>(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<p>but consent obtained by deception or intimidation is not consent for those purposes.<\/p>\n<p>(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<p>(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<p>(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<p>(i) there is a deficiency in the property or a sum representing it, and<\/p>\n<p>(ii) the person has failed to provide a satisfactory explanation for the whole or any part of the deficiency,<\/p>\n<p>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<p>(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<p>(a) that he or she had not acted dishonestly, or<\/p>\n<p>(b) that the owner of the property concerned had consented or would have consented to its appropriation, or<\/p>\n<p>(c) that the owner could not be discovered by taking reasonable steps,<\/p>\n<p>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<p>(5) In this section\u2014<\/p>\n<p>\u201cappropriates\u201d, in relation to property, means usurps or adversely interferes with the proprietary rights of the owner of the property;<\/p>\n<p>\u201cdepriving\u201d means temporarily or permanently depriving.<\/p>\n<p>(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<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E4<br \/>\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<h4>Exceptions to theft.<\/h4>\n<p>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&#8217;s title, amount to theft of the property.<\/p>\n<p>(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<p>(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<p>(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<p>(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<p>(3) For the purposes of subsection (2)\u2014<\/p>\n<p>(a) \u201cland\u201d does not include incorporeal hereditaments,<\/p>\n<p>\u201ctenancy\u201d means a tenancy for years or any less period and includes an agreement for such a tenancy,<\/p>\n<p>\u201clicence\u201d includes an agreement for a licence,<\/p>\n<p>and<\/p>\n<p>(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<p>(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<p>(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<h4>Making gain or causing loss by deception.<\/h4>\n<p>6.\u2014(1) A person who dishonestly, with the intention of making a gain for himself or herself or another, or of causing loss to another, by any deception induces another to do or refrain from doing an act is guilty of an offence.<\/p>\n<p>(2) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E5<br \/>\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<h4>Obtaining services by deception.<\/h4>\n<p>7.\u2014(1) A person who dishonestly, with the intention of making a gain for himself or herself or another, or of causing loss to another, by any deception obtains services from another is guilty of an offence.<\/p>\n<p>(2) For the purposes of this section a person obtains services from another where the other is induced to confer a benefit on some person by doing some act, or causing or permitting some act to be done, on the understanding that the benefit has been or will be paid for.<\/p>\n<p>(3) Without prejudice to the generality of subsection (2), a person obtains services where the other is induced to make a loan, or to cause or permit a loan to be made, on the understanding that any payment (whether by way of interest or otherwise) will be or has been made in respect of the loan.<\/p>\n<p>(4) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E6<br \/>\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<h4>Making off without payment.<\/h4>\n<p>8.\u2014(1) Subject to subsection (2), a person who, knowing that payment on the spot for any goods obtained or any service done is required or expected, dishonestly makes off without having paid as required or expected and with the intention of avoiding payment on the spot is guilty of an offence.<\/p>\n<p>(2) Subsection (1) shall not apply where the supply of the goods or the doing of the service is contrary to law or where the service done is such that payment is not legally enforceable.<\/p>\n<p>(3) Subject to subsections (5) and (6), any person may arrest without warrant anyone who is or whom he or she, with reasonable cause, suspects to be in the act of committing an offence under this section.<\/p>\n<p>(4) Where a member of the Garda S\u00edoch\u00e1na, with reasonable cause, suspects that an offence under this section has been committed, he or she may arrest without warrant any person whom the member, with reasonable cause, suspects to be guilty of the offence.<\/p>\n<p>(5) An arrest other than by a member of the Garda S\u00edoch\u00e1na may be effected by a person under subsection (3) only where the person, with reasonable cause, suspects that the person to be arrested by him or her would otherwise attempt to avoid, or is avoiding, arrest by a member of the Garda S\u00edoch\u00e1na.<\/p>\n<p>(6) A person who is arrested pursuant to this section by a person other than a member of the Garda S\u00edoch\u00e1na shall be transferred by that person into the custody of the Garda S\u00edoch\u00e1na as soon as practicable.<\/p>\n<p>(7) A person guilty of an offence under this section is liable on conviction on indictment to a fine not exceeding \u00a33,000 or imprisonment for a term not exceeding 2 years or both.<\/p>\n<h4>Unlawful use of computer.<\/h4>\n<p>9.\u2014(1) A person who dishonestly, whether within or outside the State, operates or causes to be operated a computer within the State with the intention of making a gain for himself or herself or another, or of causing loss to another, is guilty of an offence.<\/p>\n<p>(2) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E7<br \/>\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<h4>False accounting.<\/h4>\n<p>10.\u2014(1) A person is guilty of an offence if he or she dishonestly, with the intention of making a gain for himself or herself or another, or of causing loss to another\u2014<\/p>\n<p>(a) destroys, defaces, conceals or falsifies any account or any document made or required for any accounting purpose,<\/p>\n<p>(b) fails to make or complete any account or any such document, or<\/p>\n<p>(c) in furnishing information for any purpose produces or makes use of any account, or any such document, which to his or her knowledge is or may be misleading, false or deceptive in a material particular.<\/p>\n<p>(2) For the purposes of this section a person shall be treated as falsifying an account or other document if he or she\u2014<\/p>\n<p>(a) makes or concurs in making therein an entry which is or may be misleading, false or deceptive in a material particular, or<\/p>\n<p>(b) omits or concurs in omitting a material particular therefrom.<\/p>\n<p>(3) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E8<br \/>\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<h4>Suppression, etc., of documents.<\/h4>\n<p>11.\u2014(1) A person is guilty of an offence if he or she dishonestly, with the intention of making a gain for himself or herself or another, or of causing loss to another, destroys, defaces or conceals any valuable security, any will or other testamentary document or any original document of or belonging to, or filed or deposited in, any court or any government department or office.<\/p>\n<p>(2) (a) A person who dishonestly, with the intention of making a gain for himself or herself or another, or of causing loss to another, by any deception procures the execution of a valuable security is guilty of an offence.<\/p>\n<p>(b) Paragraph (a) shall apply in relation to\u2014<\/p>\n<p>(i) the making, acceptance, endorsement, alteration, cancellation or destruction in whole or in part of a valuable security, and<\/p>\n<p>(ii) the signing or sealing of any paper or other material in order that it may be made or converted into, or used or dealt with as, a valuable security,<\/p>\n<p>as if that were the execution of a valuable security.<\/p>\n<p>(3) In this section, \u201cvaluable security\u201d means any document\u2014<\/p>\n<p>(a) creating, transferring, surrendering or releasing any right to, in or over property,<\/p>\n<p>(b) authorising the payment of money or delivery of any property, or<\/p>\n<p>(c) evidencing the creation, transfer, surrender or release of any such right, the payment of money or delivery of any property or the satisfaction of any obligation.<\/p>\n<p>(4) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.<\/p>\n<h4>Burglary.<\/h4>\n<p>12.\u2014(1) A person is guilty of burglary if he or she\u2014<\/p>\n<p>(a) enters any building or part of a building as a trespasser and with intent to commit an arrestable offence, or<\/p>\n<p>(b) having entered any building or part of a building as a trespasser, commits or attempts to commit any such offence therein.<\/p>\n<p>(2) References in subsection (1) to a building shall apply also to an inhabited vehicle or vessel and to any other inhabited temporary or movable structure, and shall apply to any such vehicle, vessel or structure at times when the person having a habitation in it is not there as well as at times when the person is there.<\/p>\n<p>(3) A person guilty of burglary is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 14 years or both.<\/p>\n<p>(4) In this section, \u201carrestable offence\u201d means an offence for which a person of full age and not previously convicted may be punished by imprisonment for a term of five years or by a more severe penalty.<\/p>\n<h4>Aggravated burglary.<\/h4>\n<p>13.\u2014(1) A person is guilty of aggravated burglary if he or she commits any burglary and at the time has with him or her any firearm or imitation firearm, any weapon of offence or any explosive.<\/p>\n<p>(2) In subsection (1)\u2014<\/p>\n<p>\u201cexplosive\u201d means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him or her for that purpose;<\/p>\n<p>\u201cfirearm\u201d means:<\/p>\n<p>(a) a lethal firearm or other lethal weapon of any description from which any shot, bullet or other missile can be discharged,<\/p>\n<p>(b) an air gun (which expression includes an air rifle and an air pistol) or any other weapon incorporating a barrel from which metal or other slugs can be discharged,<\/p>\n<p>(c) a crossbow,<\/p>\n<p>(d) any type of stun gun or other weapon for causing any shock or other disablement to a person by means of electricity or any other kind of energy emission;<\/p>\n<p>\u201cimitation firearm\u201d means anything which is not a firearm but has the appearance of being one;<\/p>\n<p>\u201cweapon of offence\u201d means:<\/p>\n<p>(a) any article which has a blade or sharp point,<\/p>\n<p>(b) any other article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him or her for such use or for threatening such use,<\/p>\n<p>(c) any weapon of whatever description designed for the discharge of any noxious liquid, noxious gas or other noxious thing.<\/p>\n<p>(3) A person guilty of aggravated burglary is liable on conviction on indictment to imprisonment for life.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E9<br \/>\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<p>E10<br \/>\nOffence under section may merit minimum sentence under certain condititions as provided (18.05.2007) by Criminal Justice Act 2007 (22\/2007), s. 25 and sch. 2 para. 7, S.I. No. 236 of 2007.<\/p>\n<p>E11<br \/>\nCertain persons convicted under section may be made subject of a monitoring order or protection of person order as provided (18.05.2007) by Criminal Justice Act 2007 (22\/2007), s. 26(1) and sch. 2 para. 7, S.I. No. 236 of 2007.<\/p>\n<h4>Robbery.<\/h4>\n<p>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<p>(2) A person guilty of robbery is liable on conviction on indictment to imprisonment for life.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E12<br \/>\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<h4>Possession of certain articles.<\/h4>\n<p>15.\u2014(1) A person who is, when not at his or her place of residence, in possession of any article with the intention that it be used in the course of or in connection with\u2014<\/p>\n<p>(a) theft or burglary,<\/p>\n<p>(b) an offence under section 6 or 7,<\/p>\n<p>F2[(aa) robbery, ]<\/p>\n<p>(c) an offence under section 17 (blackmail, extortion, demanding money with menaces) of the Criminal Justice (Public Order) Act, 1994, or<\/p>\n<p>(d) an offence under section 112 (taking a vehicle without lawful authority) of the Road Traffic Act, 1961,<\/p>\n<p>is guilty of an offence.<\/p>\n<p>F3[(1A) A person who, without lawful authority or reasonable excuse, is in possession of any article made or adapted for use in the course of, or in connection with, the commission of an offence referred to in paragraphs (a) to (d) of subsection (1) is guilty of an offence.]<\/p>\n<p>F4[(2) It is a defence for a person charged with an offence under subsection (1) to prove that at the time of the alleged offence the article concerned was not in his or her possession for a purpose specified in that subsection.<\/p>\n<p>(2A) It is a defence for a person charged with an offence under subsection (1A) to prove that the article concerned was not made or adapted for use in the course of or in connection with the commission of an offence referred to in paragraphs (a) to (d) of subsection (1).]<\/p>\n<p>(3) Where a person is convicted of an offence under this section, the court may order that any article for the possession of which he or she was so convicted shall be forfeited and either destroyed or disposed of in such manner as the court may determine.<\/p>\n<p>(4) An order under subsection (3) shall not take effect until the ordinary time for instituting an appeal against the conviction or order concerned has expired or, where such an appeal is instituted, until it or any further appeal is finally decided or abandoned or the ordinary time for instituting any further appeal has expired.<\/p>\n<p>(5) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F2<br \/>\nInserted (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 47(a)(i), S.I. No. 236 of 2007.<\/p>\n<p>F3<br \/>\nInserted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28\/2009), s. 49(a), S.I. No. 330 of 2009.<\/p>\n<p>F4<br \/>\nSubstituted and inserted (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28\/2009), s. 49(b), S.I. No. 330 of 2009.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E13<br \/>\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<p>E14<br \/>\nPrevious affecting provision: subs. (2) substituted (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 47(a)(ii), S.I. No. 236 of 2007; substituted as per F-note above]<\/p>\n<h2>Criminal Justice (Burglary of Dwellings) Act 2015<\/h2>\n<p>&nbsp;<\/p>\n<p>An Act to provide for certain matters to be taken into consideration by a court in deciding whether to refuse bail in certain circumstances; to provide for the imposition of consecutive sentences for certain offences committed in a dwelling; for those purposes to amend the Bail Act 1997 and the Criminal Justice (Theft and Fraud Offences) Act 2001 ; and to provide for related matters.<\/p>\n<p>[24 th December, 2015]<\/p>\n<p>Be it enacted by the Oireachtas as follows:<\/p>\n<h4>Amendment of section 2 of Bail Act 1997<\/h4>\n<p>1. Section 2 of the Bail Act 1997 is amended\u2014<\/p>\n<p>(a) by the insertion of the following subsections after subsection (2):<\/p>\n<p>\u201c(2A) In addition to taking into account the matters referred to in subsection (2) in exercising its jurisdiction under subsection (1), where\u2014<\/p>\n<p>(a) an application for bail is made by a person charged with a serious offence which is a relevant offence, where the relevant offence is alleged to have been committed in a dwelling, and<\/p>\n<p>(b) the circumstances specified in subsection (2B) exist in respect of the person making that application,<\/p>\n<p>a court, in exercising that jurisdiction, shall consider the existence of those circumstances as evidence that the person is likely to commit a relevant offence in a dwelling.<\/p>\n<p>(2B) The circumstances referred to in subsection (2A)(b) are that the person\u2014<\/p>\n<p>(a) is charged with a relevant offence alleged to have been committed\u2014<\/p>\n<p>(i) in a dwelling,<\/p>\n<p>(ii) on or after the coming into operation of section 1 of the Criminal Justice (Burglary of Dwellings) Act 2015, and<\/p>\n<p>(iii) after he or she attained the age of 18 years,<\/p>\n<p>in respect of which the application for bail is being made,<\/p>\n<p>(b) has a conviction for a relevant offence where the relevant offence was committed in a dwelling in the period of 5 years immediately prior to the application for bail irrespective of whether or not the person committed that relevant offence before or after he or she had attained the age of 18 years, and<\/p>\n<p>(c) at the time of the application for bail in respect of the relevant offence referred to in paragraph (a) \u2014<\/p>\n<p>(i) has convictions for not less than 2 relevant offences (other than a conviction for a relevant offence referred to in paragraph (b)) committed\u2014<\/p>\n<p>(I) in a dwelling,<\/p>\n<p>(II) within a period commencing 6 months before and ending 6 months after the alleged commission of the relevant offence referred to in paragraph (a), and<\/p>\n<p>(III) after he or she attained the age of 18 years,<\/p>\n<p>(ii) is charged with, and is awaiting trial for, not less than 2 relevant offences (other than the relevant offence referred to in paragraph (a)) alleged to have been committed\u2014<\/p>\n<p>(I) in a dwelling,<\/p>\n<p>(II) within a period commencing 6 months before and ending 6 months after the alleged commission of the relevant offence referred to in paragraph (a), and<\/p>\n<p>(III) after he or she attained the age of 18 years,<\/p>\n<p>or<\/p>\n<p>(iii) has a conviction for a relevant offence (other than a conviction for a relevant offence referred to in paragraph (b)) and is charged with, and is awaiting trial for, a relevant offence (other than the relevant offence referred to in paragraph (a)) committed or alleged to have been committed, as the case may be\u2014<\/p>\n<p>(I) in a dwelling,<\/p>\n<p>(II) within a period commencing 6 months before and ending 6 months after the alleged commission of the relevant offence referred to in paragraph (a), and<\/p>\n<p>(III) after he or she attained the age of 18 years.<\/p>\n<p>(2C) A reference in subsection (2B) to a conviction for a relevant offence includes a reference to a conviction for a relevant offence which is the subject of an appeal (which has neither been determined nor withdrawn).<\/p>\n<p>(2D) Nothing in subsection (2B)(b) shall be taken to prejudice the operation of section 258 of the Children Act 2001 .\u201d,<\/p>\n<p>and<\/p>\n<p>(b) by the insertion of the following subsection after subsection (3):<\/p>\n<p>\u201c(4) In this section\u2014<\/p>\n<p>\u2018dwelling\u2019 includes\u2014<\/p>\n<p>(a) a building or structure (whether temporary or not) which is constructed or adapted for use as a dwelling and is being so used,<\/p>\n<p>(b) a vehicle or vessel (whether mobile or not) which is constructed or adapted for use as a dwelling and is being so used, or<\/p>\n<p>(c) a part of a dwelling;<\/p>\n<p>\u2018relevant offence\u2019 means an offence under section 12 or 13 of the Criminal Justice (Theft and Fraud Offences) Act 2001 .\u201d.<\/p>\n<p>Amendment of Criminal Justice (Theft and Fraud Offences) Act 2001<\/p>\n<p>2. The Criminal Justice (Theft and Fraud Offences) Act 2001 is amended by the insertion of the following section after section 54:<\/p>\n<p>\u201c<\/p>\n<h4>Consecutive sentencing for burglary of dwelling<\/h4>\n<p>54A. (1) Subject to this section, where a person\u2014<\/p>\n<p>(a) is convicted of a relevant offence and is being sentenced to a term of imprisonment in respect of that offence where that offence was committed\u2014<\/p>\n<p>(i) in a dwelling, and<\/p>\n<p>(ii) after he or she has attained the age of 18 years,<\/p>\n<p>(b) has a conviction for a relevant offence (other than the relevant offence referred to in paragraph (a)) whether or not any sentence (whether of imprisonment or otherwise) was imposed in respect of that conviction and where that offence was committed\u2014<\/p>\n<p>(i) in a dwelling,<\/p>\n<p>(ii) in the period of 5 years immediately prior to the commission of the relevant offence referred to in paragraph (a), and<\/p>\n<p>(iii) after he or she attained the age of 18 years,<\/p>\n<p>and<\/p>\n<p>(c) has a conviction for a relevant offence and was sentenced to a term of imprisonment in respect of that conviction, where that relevant offence was committed by the person\u2014<\/p>\n<p>(i) in a dwelling,<\/p>\n<p>(ii) within a period commencing 6 months before and ending 6 months after the commission of the relevant offence referred to in paragraph (a), and<\/p>\n<p>(iii) after he or she attained the age of 18 years,<\/p>\n<p>any sentence of imprisonment imposed on the person for the relevant offence referred to in paragraph (a) shall be consecutive on the sentence referred to in paragraph (c) or, if a sentence of imprisonment has been imposed in respect of a relevant offence referred to in paragraphs (b) and (c), the last of those sentences due to expire.<\/p>\n<p>(2) Where, in relation to a person referred to in subsection (1), a relevant offence committed by the person would come within paragraphs (b) and (c) of that subsection, then, that relevant offence may be considered for the purpose of satisfying either paragraph (b) or (c) of that subsection but not both.<\/p>\n<p>(3) Subsection (1) applies to a person in respect of a relevant offence referred to in paragraph (a) of that subsection only if that relevant offence is committed after the coming into operation of section 2 of the Criminal Justice (Burglary of Dwellings) Act 2015 and that subsection shall apply to the person whether the other relevant offences referred to in paragraphs (b) and (c) of that subsection were committed before or after such coming into operation.<\/p>\n<p>(4) Where two or more consecutive sentences required by subsection (1) are imposed by the District Court, the aggregate term of imprisonment in respect of those consecutive sentences shall not exceed 2 years.<\/p>\n<p>(5) A reference in paragraphs (b) and (c) of subsection (1) to a conviction includes a reference to a conviction for a relevant offence which is the subject of an appeal (which has neither been determined nor withdrawn).<\/p>\n<p>(6) In this section\u2014<\/p>\n<p>\u2018dwelling\u2019 includes\u2014<\/p>\n<p>(a) a building or structure (whether temporary or not) which is constructed or adapted for use as a dwelling and is being so used,<\/p>\n<p>(b) a vehicle or vessel (whether mobile or not) which is constructed or adapted for use as a dwelling and is being so used, or<\/p>\n<p>(c) a part of a dwelling;<\/p>\n<p>\u2018relevant offence\u2019 means an offence under section 12 or 13.\u201d.<\/p>\n<p>Short title and commencement<\/p>\n<p>3. (1) This Act may be cited as the Criminal Justice (Burglary of Dwellings) Act 2015.<\/p>\n<p>(2) This Act shall come into operation on such day or days as the Minister for Justice and Equality may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-1105\" data-postid=\"1105\" class=\"themify_builder_content themify_builder_content-1105 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Elements Burglary upholds the constitutional inviolability of the dwellinghouse. It has a longstanding common law basis.\u00a0 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 [&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":[62],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1105"}],"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=1105"}],"version-history":[{"count":12,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1105\/revisions"}],"predecessor-version":[{"id":33634,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1105\/revisions\/33634"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1105"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1105"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1105"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}