{"id":22121,"date":"2023-07-17T21:29:26","date_gmt":"2023-07-17T21:29:26","guid":{"rendered":"https:\/\/legalblog.ie\/?p=22121"},"modified":"2024-03-23T09:47:18","modified_gmt":"2024-03-23T09:47:18","slug":"harassment","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/harassment\/","title":{"rendered":"Harassment"},"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\/harassment\/#2020_Legislation\" title=\"2020 Legislation\">2020 Legislation<\/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\/harassment\/#Key_Definitions\" title=\"Key Definitions\">Key Definitions<\/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\/harassment\/#Harassment\" title=\"Harassment\">Harassment<\/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\/harassment\/#Intimate_Images_Offences\" title=\"Intimate Images Offences\">Intimate Images Offences<\/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\/harassment\/#Offence_Issues\" title=\"Offence Issues\">Offence Issues<\/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\/harassment\/#Grossly_offensive_communication\" title=\"Grossly offensive communication\">Grossly offensive communication<\/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\/harassment\/#Offence_Issues-2\" title=\"Offence Issues\">Offence Issues<\/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\/harassment\/#Civil_restraint_orders\" title=\"Civil restraint orders\">Civil restraint orders<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#CRIMINAL_LAW_SEXUAL_OFFENCES_ACT_2017\" title=\"CRIMINAL LAW (SEXUAL OFFENCES) ACT 2017\">CRIMINAL LAW (SEXUAL OFFENCES) ACT 2017<\/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-10\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Exposure_offensive_conduct_of_sexual_nature\" title=\"Exposure, offensive conduct of sexual nature\">Exposure, offensive conduct of sexual nature<\/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\/harassment\/2\/#Harassment_order\" title=\"Harassment order\">Harassment order<\/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\/harassment\/2\/#Effect_of_appeal_from_order\" title=\"Effect of appeal from order\">Effect of appeal from order<\/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-13\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#HARASSMENT_HARMFUL_COMMUNICATIONS_AND_RELATED_OFFENCES_ACT_2020\" title=\"HARASSMENT, HARMFUL COMMUNICATIONS AND RELATED OFFENCES ACT 2020\">HARASSMENT, HARMFUL COMMUNICATIONS AND RELATED OFFENCES ACT 2020<\/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-14\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Interpretation\" title=\"Interpretation\">Interpretation<\/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\/harassment\/2\/#Distributing_publishing_or_threatening_to_distribute_or_publish_intimate_image_without_consent_with_intent_to_cause_harm_or_being_reckless_as_to_whether_harm_is_caused\" title=\"Distributing, publishing or threatening to distribute or publish intimate image without consent with intent to cause harm or being reckless as to whether harm is caused\">Distributing, publishing or threatening to distribute or publish intimate image without consent with intent to cause harm or being reckless as to whether harm is caused<\/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\/harassment\/2\/#Recording_distributing_or_publishing_intimate_image_without_consent\" title=\"Recording, distributing or publishing intimate image without consent\">Recording, distributing or publishing intimate image without consent<\/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\/harassment\/2\/#Distributing_publishing_or_sending_threatening_or_grossly_offensive_communication\" title=\"Distributing, publishing or sending threatening or grossly offensive communication\">Distributing, publishing or sending threatening or grossly offensive communication<\/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\/harassment\/2\/#Anonymity_of_victim_of_offence_under_section_2_or_3\" title=\"Anonymity of victim of offence under section 2 or 3\">Anonymity of victim of offence under section 2 or 3<\/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\/harassment\/2\/#Liability_of_directors_and_officers_of_corporate_bodies\" title=\"Liability of directors and officers of corporate bodies\">Liability of directors and officers of corporate bodies<\/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\/harassment\/2\/#Summary_proceedings_time_limit_of_two_years\" title=\"Summary proceedings: time limit of two years\">Summary proceedings: time limit of two years<\/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\/harassment\/2\/#Consent_of_Director_of_Public_Prosecutions\" title=\"Consent of Director of Public Prosecutions\">Consent of Director of Public Prosecutions<\/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\/harassment\/2\/#Amendment_of_Schedule_to_Bail_Act_1997\" title=\"Amendment of Schedule to Bail Act 1997\">Amendment of Schedule to Bail Act 1997<\/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\/harassment\/2\/#Amendment_of_section_40_of_Domestic_Violence_Act_2018\" title=\"Amendment of section 40 of Domestic Violence Act 2018\">Amendment of section 40 of Domestic Violence Act 2018<\/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\/harassment\/2\/#Review_of_operation_of_Act\" title=\"Review of operation of Act\">Review of operation of Act<\/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\/harassment\/2\/#CRIMINAL_JUSTICE_MISCELLANEOUS_PROVISIONS_ACT_2023\" title=\"CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2023\">CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2023<\/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\/harassment\/2\/#Harassment_or_stalking\" title=\"Harassment or stalking\">Harassment or stalking<\/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\/harassment\/2\/#Prohibition_on_publication_or_broadcast_of_certain_material\" title=\"Prohibition on publication or broadcast of certain material\">Prohibition on publication or broadcast of certain material<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Transitional_provision\" title=\"Transitional provision\">Transitional provision<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Amendment_of_section_25_of_Act_of_1997\" title=\"Amendment of section 25 of Act of 1997\">Amendment of section 25 of Act of 1997<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Civil_orders_against_relevant_conduct\" title=\"Civil orders against relevant conduct\">Civil orders against relevant conduct<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Definitions_Part_5\" title=\"Definitions (Part 5)\">Definitions (Part 5)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Order_under_section_28\" title=\"Order under section 28\">Order under section 28<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Variation_or_discharge_of_order_under_section_28\" title=\"Variation or discharge of order under section 28\">Variation or discharge of order under section 28<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Renewal_of_order_under_section_28\" title=\"Renewal of order under section 28\">Renewal of order under section 28<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Application_under_section_28_29_or_30_by_member_of_Garda_Siochana\" title=\"Application under section 28, 29 or 30 by member of Garda S\u00edoch\u00e1na\">Application under section 28, 29 or 30 by member of Garda S\u00edoch\u00e1na<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Protection_against_cross-examination_by_applicant_or_respondent\" title=\"Protection against cross-examination by applicant or respondent\">Protection against cross-examination by applicant or respondent<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Requirement_to_give_reasons_for_certain_decisions\" title=\"Requirement to give reasons for certain decisions\">Requirement to give reasons for certain decisions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Taking_effect_of_relevant_order\" title=\"Taking effect of relevant order\">Taking effect of relevant order<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Copies_of_orders_to_be_given_to_certain_persons\" title=\"Copies of orders to be given to certain persons\">Copies of orders to be given to certain persons<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Exercise_of_jurisdiction_by_court_in_civil_proceedings\" title=\"Exercise of jurisdiction by court in civil proceedings\">Exercise of jurisdiction by court in civil proceedings<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Hearing_of_proceedings\" title=\"Hearing of proceedings\">Hearing of proceedings<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Special_sitting_of_District_Court\" title=\"Special sitting of District Court\">Special sitting of District Court<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Evidence_through_television_link_for_civil_proceedings\" title=\"Evidence through television link for civil proceedings\">Evidence through television link for civil proceedings<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Right_to_be_accompanied_in_court_in_certain_circumstances\" title=\"Right to be accompanied in court in certain circumstances\">Right to be accompanied in court in certain circumstances<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Costs\" title=\"Costs\">Costs<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Rules_of_court_and_service_of_documents\" title=\"Rules of court and service of documents\">Rules of court and service of documents<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Extraterritoriality\" title=\"Extraterritoriality\">Extraterritoriality<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Offence\" title=\"Offence\">Offence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Arrest_without_warrant\" title=\"Arrest without warrant\">Arrest without warrant<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/harassment\/2\/#Prohibition_on_publication_or_broadcast_of_certain_material_relating_to_offence_under_section_44\" title=\"Prohibition on publication or broadcast of certain material relating to offence under section 44\">Prohibition on publication or broadcast of certain material relating to offence under section 44<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"2020_Legislation\"><\/span>2020 Legislation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Harassment, Harmful Communications and Related Offences Act 2020 creates new offences in relation to harassment and harmful communications, both online and offline. The Act provides for two new offences to deal with the recording, distribution or publication of intimate images without consent and provides for the anonymity of victims of those offences.<\/p>\n<p>The Act also provides for an offence involving the distribution, publication or sending of threatening or grossly offensive communications or messages with intent to cause harm without a requirement for persistence.<\/p>\n<p>The offence of harassment was amended to deal with persistent communications about a person. The maximum penalty for that offence is increased from 7 years\u2019 imprisonment to 10 years\u2019 imprisonment to reflect the most serious forms of harassment.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Key_Definitions\"><\/span>Key Definitions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>\u201cHarm\u201d includes psychological harm.<\/p>\n<p>\u201cintimate image\u201d, in relation to a person, means any visual representation (including any accompanying sound or document) made by any means including any photographic, film, video or digital representation\u00ad<\/p>\n<ul>\n<li>of the person\u2019s genitals, buttocks or anal region and, in the case of a female, her breasts,<\/li>\n<li>of the underwear covering the person\u2019s genitals, buttocks or anal region and, in the case of a female, her breasts,<\/li>\n<li>in which the person is nude, or<\/li>\n<li>in which the person is engaged in sexual activity;<\/li>\n<\/ul>\n<p>This definition is important in the context of the two new offences to deal with the taking, distribution or publication of intimate images without consent. The word \u201crepresentation\u201d is used to ensure that where an image is altered or doctored to represent another individual (including his or her body parts), that this will still fall within the ambit of the offences.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Harassment\"><\/span>Harassment<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Harassment, Harmful Communications and Related Offences Act 2020 amends the Non-Fatal Offences Against the Person Act 1997 with the intention of strengthening the offence of harassment contained therein. The amendment provides that harassment may be as a result of persistent communication with a person but also persistent communication about a person.<\/p>\n<p>The maximum penalty for harassment has been increased from 7 years\u2019 imprisonment to 10 years\u2019 imprisonment to reflect the serious nature of harassment and the wide range of behaviours it represents.<\/p>\n<p>The Minister for Justice is obliged to carry out a review of the operation of the Act within three years of the commencement.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Intimate_Images_Offences\"><\/span>Intimate Images Offences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person who distributes, publishes or threatens to distribute or publish an intimate image of another person without that other person\u2019s consent, and\u00a0 with intent to cause harm to, or being reckless as to whether or not harm is caused to, the other person,is guilty of an offence.<\/p>\n<p>A\u00a0 person causes harm to another person where\u2014<\/p>\n<ul>\n<li>he or she, by his or her acts, intentionally or recklessly seriously interferes with the other person\u2019s peace and privacy or causes alarm or distress to the other person, and<\/li>\n<li>his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other person\u2019s peace and privacy or cause alarm or distress to the other person.<\/li>\n<\/ul>\n<p>A person who is guilty of this is liable\u2014<\/p>\n<ul>\n<li>on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months, or both, or<\/li>\n<li>on conviction on indictment to a fine or imprisonment for a term not exceeding seven years, or both..<\/li>\n<\/ul>\n<p>A person is guilty of an offence where\u2014<\/p>\n<ul>\n<li>he or she records, distributes or publishes an intimate image of another person without that other person\u2019s consent, and<\/li>\n<li>that recording, distribution or publication, as the case may be, seriously interferes with that other person\u2019s peace and privacy or causes alarm, distress or harm to that other person.<\/li>\n<\/ul>\n<p>This does \u00a0not apply to a person who distributes or publishes an intimate image for the purpose of the prevention, investigation or prosecution of this \u00a0offence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Offence_Issues\"><\/span>Offence Issues<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person who is guilty of an offence under this section is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months, or both.<\/p>\n<p>The offence of recording, distributing or publishing an intimate image without consent is \u00a0a strict liability offence. A person who records, distributes or publishes an intimate image without consent does not need to have a requisite intention to cause harm. It is sufficient that the taking, recording or distribution of the intimate image seriously interfered with the other person\u2019s peace and privacy or caused them harm, alarm or distress.<\/p>\n<p>he offence of distributing, publishing or threatening to distribute or publish an intimate image without consent with intent to cause harm or being reckless as to whether harm is caused is included in the Bail Act Schedule. This\u00a0 means that a member of An Garda S\u00edoch\u00e1na may make an objection to bail under the 1997 Act in the case of a person who is remanded in custody for a the principal \u00a0offence.<\/p>\n<p>It is an aggravating factor for the purposes of sentencing a person for an offence of distributing, publishing or threatening to distribute or publish an intimate image without consent with intent to cause harm or being reckless as to whether harm is caused and recording, distributing or publishing an intimate image without consent if that person is the spouse or civil partner of the victim, or is or was in an intimate relationship with the victim.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Grossly_offensive_communication\"><\/span>Grossly offensive communication<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person who by any means \u00a0distributes or publishes any threatening or grossly offensive communication about another person, or) sends any threatening or grossly offensive communication to another person, with intent by so distributing, publishing or sending to cause harm, is guilty of an offence.<\/p>\n<p>A person intends to cause harm where he or she, by his or her acts, intentionally seriously interferes with the other person\u2019s peace and privacy or causes alarm or distress to the other person.<\/p>\n<p>The \u00a0offence of distributing, publishing or sending a threatening or grossly offensive communication applies to any form of message or communication, both online or offline. It\u00a0 criminalises the once-off sending of a threatening or grossly offensive message where the person who is sending the message or communication intends to cause harm to the person who is the recipient of the message.<\/p>\n<p>This offence is intended to deal with the most harmful forms of messages and communications, both online and offline, where there is a clear intent to cause harm. The maximum penalties for this offence for conviction on indictment are 2 years\u2019 imprisonment and\/or an unlimited fine.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Offence_Issues-2\"><\/span>Offence Issues<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is protections for the anonymity of victims of the offences \u00a0of distributing, publishing or threatening to distribute or publish an intimate image without consent with intent to cause harm or being reckless as to whether harm is caused and recording, distributing or publishing an intimate image without consent. It is an offence where any person distributes or publishes any information that may lead to the identification of the victim of the offences.<\/p>\n<p>A judge may, if it is in the interests of justice to do so, direct that certain information may be published or broadcast in such manner and subject to such conditions (if any) as he or she specifies in the direction. It shall be an offence if any person publishes or broadcasts any information in contravention of a direction<\/p>\n<p>The maximum penalties for conviction on indictment for an offence under this section are up to 3 years\u2019 imprisonment and\/or an unlimited fine. It shall be a defence for a person to prove that he or she was not aware that the material they published or broadcast was material that was subject to the provisions of this section or a direction under this section.<\/p>\n<p>The legislaiton provides for the liability of bodies corporate where an offence under the Act is committed with the consent or connivance of, or to be attributable to any wilful neglect of a director, manager, secretary or other officer of the body corporate. That person, as well as the body corporate will be liable to conviction under the Act.<\/p>\n<p>The ordinary time limit for bringing summary proceedings of 6 months is increased to 2 years for a summary offence under the Act. This is in recognition of the fact that, where online communications are involved, evidence gathering can be time-consuming and such an extension is justified in the circumstances.<\/p>\n<p>The Director of Public Prosecutions must consent to proceedings for an offence under this Act being taken against a child under the age of 17 years.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Civil_restraint_orders\"><\/span>Civil restraint orders<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Section 9 provides for civil restraint orders which provides that the Circuit Court may order, where it is in the interests of justice to do so, that a person shall not communicate with, or approach the place or residence or employment of the applicant.<\/p>\n<p>It is an offence to fail to comply with such an order. The maximum penalty for conviction on indictment for an offence under this section is 2 years\u2019 imprisonment and\/or an unlimited fine.<\/p>\n<p>&nbsp;<\/p>\n<p><!--nextpage--><\/p>\n<h2><b>CRIMINAL LAW (SEXUAL OFFENCES) ACT 2017<\/b><\/h2>\n<p>PART 8<\/p>\n<p>Miscellaneous<\/p>\n<h4>Exposure, offensive conduct of sexual nature<\/h4>\n<p>45. (1) A person who exposes his or her genitals intending to cause fear, distress or alarm to another person is guilty of an offence.<\/p>\n<p>(2) A person who, in a public place, engages in\u2014<\/p>\n<p>(a) sexual intercourse,<\/p>\n<p>(b) an act of buggery, or<\/p>\n<p>(c) an act of masturbation,<\/p>\n<p>is guilty of an offence.<\/p>\n<p>(3) A person who intentionally engages in offensive conduct of a sexual nature is guilty of an offence.<\/p>\n<p>(4) Where a member of the Garda S\u00edoch\u00e1na, with reasonable cause, suspects that a person is committing or has committed an offence under this section, the member may arrest such person without warrant.<\/p>\n<p>(5) A person found guilty of an offence under this section shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class D fine or imprisonment for a term not exceeding 6 months, or both, or<\/p>\n<p>(b) on conviction on indictment, to a class C fine or imprisonment for a term not exceeding 2 years, or both.<\/p>\n<p>(6) In this section\u2014<\/p>\n<p>\u201coffensive conduct of a sexual nature\u201d means any behaviour of a sexual nature which, having regard to all the circumstances, is likely to cause fear, distress or alarm to any person who is, or might reasonably be expected to be, aware of any such behaviour;<\/p>\n<p>\u201cpublic place\u201d means any place to which the public have access whether as of right or by permission and whether subject to or free of charge;<\/p>\n<p>\u201csexual intercourse\u201d shall be construed in accordance with section 1(2) of the Criminal Law (Rape) Act 1981.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E6<br \/>\nA class D fine means a fine not greater than \u20ac1,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 7(1), S.I. No. 662 of 2010.<\/p>\n<p>A class C fine means a fine not greater than \u20ac2,500 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6(1), S.I. No. 662 of 2010.<\/p>\n<h4>Harassment order<\/h4>\n<p>46. (1) On application made in accordance with this section, a court may\u2014<\/p>\n<p>(a) when imposing a sentence of imprisonment on a person convicted of a sexual offence (referred to in this section as the \u201crespondent\u201d), or<\/p>\n<p>(b) at any time before the date of the respondent\u2019s release from prison,<\/p>\n<p>in addition to whatever sentence it may impose or, as the case may be, has been imposed on the person, make an order (in this section referred to as a \u201charassment order\u201d) under this section.<\/p>\n<p>(2) An application for a harassment order may be made by a member of the Garda S\u00edoch\u00e1na not below the rank of Inspector, by a probation officer or by the victim of the offence (referred to in this section as the \u201capplicant\u201d) and shall be made on notice to the respondent.<\/p>\n<p>(3) An application under subsection (1)(b) shall be made to the District Court.<\/p>\n<p>(4) A court may only make a harassment order under subsection (1) where it is satisfied that the respondent has, without reasonable excuse, behaved in such a way as to give rise to a well-founded fear that the victim may be subjected to\u2014<\/p>\n<p>(a) harassment by the respondent, or<\/p>\n<p>(b) unwanted contact from the respondent,<\/p>\n<p>such as would cause him or her fear, distress or alarm or amount to intimidation and it is in the interests of justice to do so.<\/p>\n<p>(5) An order under this section may prohibit the respondent from\u2014<\/p>\n<p>(a) communicating by any means with the victim, and<\/p>\n<p>(b) approaching within such distance as the court shall specify of the place of residence or employment of the victim or any other place frequented by the victim as the court deems appropriate,<\/p>\n<p>and shall be subject to such terms and conditions as the court may specify.<\/p>\n<p>(6) A harassment order may contain only such prohibitions, referred to in subsection (5), on the respondent as the court considers necessary for the purpose of protecting the victim from harassment by the respondent.<\/p>\n<p>(7) A harassment order shall cease to have effect on\u2014<\/p>\n<p>(a) the date of the respondent\u2019s release from prison,<\/p>\n<p>(b) such earlier date as the court may specify, or<\/p>\n<p>(c) the expiration of such period not exceeding 12 months from the date of the respondent\u2019s release as the court may specify.<\/p>\n<p>(8) Where an order under this section is in force, the court, on application to it in that behalf at any time by either the applicant for the order or the respondent in respect of whom that order was made, may, having regard to the matters set out in subsection (4), discharge or, as may be appropriate, vary the order.<\/p>\n<p>(9) A harassment order shall take effect on notification of its making being given to the respondent.<\/p>\n<p>(10) Oral communication to the respondent by or on behalf of the applicant of the fact that a harassment order has been made, together with production of a copy of the order, shall, without prejudice to the sufficiency of any other form of notification, be taken to be sufficient notification to the respondent of the making of the order.<\/p>\n<p>(11) If the respondent is present at the sitting of the court at which the harassment order is made, he or she shall be taken for the purposes of subsection (9) to have been notified of its making.<\/p>\n<p>(12) An order varying a harassment order shall take effect on notification of its making being given to the respondent and for this purpose subsections (10) and (11) shall apply with any necessary modifications.<\/p>\n<p>(13) A person who, without reasonable excuse, contravenes a harassment order shall be guilty of an offence and shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class B fine or imprisonment for a term not exceeding 12 months or both, or<\/p>\n<p>(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.<\/p>\n<p>(14) Proceedings for a harassment order shall be civil proceedings and shall be heard otherwise than in public.<\/p>\n<p>(15) A harassment order shall cease to have effect if the conviction concerned is quashed on appeal or otherwise.<\/p>\n<p>(16) The jurisdiction conferred on the District Court under subsection (3) may be exercised by a judge of the District Court for the time being assigned to the District Court district in which the victim resides at the time the application is made.<\/p>\n<p>(17) In this section\u2014<\/p>\n<p>\u201cdate of the respondent\u2019s release from prison\u201d means the date on which the sentence of imprisonment imposed on him or her in respect of the offence concerned expires or, as the case may be, his or her remission from the sentence begins;<\/p>\n<p>\u201cprobation officer\u201d means a person appointed by the Minister for Justice and Equality to be a probation officer;<\/p>\n<p>\u201csentence of imprisonment\u201d includes detention in Saint Patrick\u2019s Institution or in a children detention school but does not include a sentence of imprisonment or detention imposed on the person the execution of the whole of which is suspended;<\/p>\n<p>\u201csexual offence\u201d shall be construed in accordance with section 3 of the Act of 2001.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E7<br \/>\nA class B fine means a fine not greater than \u20ac4,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 5(1), S.I. No. 662 of 2010.<\/p>\n<h4>Effect of appeal from order<\/h4>\n<p>47. An appeal from an order under section 46 shall, if the court that made the order or the court to which the appeal is brought so determines (but not otherwise), stay the operation of the order on such terms (if any) as may be imposed by the court making the determination.<\/p>\n<h2>HARASSMENT, HARMFUL COMMUNICATIONS AND RELATED OFFENCES ACT 2020<\/h2>\n<p>An Act to amend the law relating to harassment; to provide for offences relating to the recording, distribution or publication of intimate images and to provide for the anonymity of victims of those offences; to provide for an offence involving the distribution, publication or sending of threatening or grossly offensive communication; and for those and other purposes to amend the Non-Fatal Offences against the Person Act 1997 , the Bail Act 1997 and the Domestic Violence Act 2018 ; and to provide for related matters.<\/p>\n<p>[28th December, 2020]<\/p>\n<p>Be it enacted by the Oireachtas as follows:<\/p>\n<h4>Interpretation<\/h4>\n<p>1. In this Act\u2014<\/p>\n<p>\u201cbroadcast\u201d has the meaning assigned to it by the Broadcasting Act 2009 ;<\/p>\n<p>\u201cdistribute\u201d means distribute to the public or a section of the public;<\/p>\n<p>\u201cintimate image\u201d, in relation to a person, means any visual representation (including any accompanying sound or document) made by any means including any photographic, film, video or digital representation\u2014<\/p>\n<p>(a) of what is, or purports to be the person\u2019s genitals, buttocks or anal region and, in the case of a female, her breasts,<\/p>\n<p>(b) of the underwear covering the person\u2019s genitals, buttocks or anal region and, in the case of a female, her breasts,<\/p>\n<p>(c) in which the person is nude, or<\/p>\n<p>(d) in which the person is engaged in sexual activity;<\/p>\n<p>\u201charm\u201d includes psychological harm;<\/p>\n<p>\u201cpublish\u201d means publish, other than by way of broadcast, to the public or to a portion of the public.<\/p>\n<h4>Distributing, publishing or threatening to distribute or publish intimate image without consent with intent to cause harm or being reckless as to whether harm is caused<\/h4>\n<p>2. (1) A person who distributes, publishes or threatens to distribute or publish an intimate image of another person\u2014<\/p>\n<p>(a) without that other person\u2019s consent, and<\/p>\n<p>(b) with intent to cause harm to, or being reckless as to whether or not harm is caused to, the other person,<\/p>\n<p>is guilty of an offence.<\/p>\n<p>(2) For the purposes of subsection (1), a person causes harm to another person where\u2014<\/p>\n<p>(a) he or she, by his or her acts, intentionally or recklessly seriously interferes with the other person\u2019s peace and privacy or causes alarm or distress to the other person, and<\/p>\n<p>(b) his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other person\u2019s peace and privacy or cause alarm or distress to the other person.<\/p>\n<p>(3) A person who is guilty of an offence under this section is liable\u2014<\/p>\n<p>(a) on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months, or both, or<\/p>\n<p>(b) on conviction on indictment to a fine or imprisonment for a term not exceeding seven years, or both.<\/p>\n<h4>Recording, distributing or publishing intimate image without consent<\/h4>\n<p>3. (1) Subject to subsection (2), a person is guilty of an offence where\u2014<\/p>\n<p>(a) he or she records, distributes or publishes an intimate image of another person without that other person\u2019s consent, and<\/p>\n<p>(b) that recording, distribution or publication, as the case may be, seriously interferes with that other person\u2019s peace and privacy or causes alarm, distress or harm to that other person.<\/p>\n<p>(2) Subsection (1) shall not apply to a person who distributes or publishes an intimate image for the purpose of the prevention, investigation or prosecution of an offence under this section.<\/p>\n<p>(3) A person who is guilty of an offence under this section is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months, or both.<\/p>\n<h4>Distributing, publishing or sending threatening or grossly offensive communication<\/h4>\n<p>4. (1) A person who\u2014<\/p>\n<p>(a) by any means\u2014<\/p>\n<p>(i) distributes or publishes any threatening or grossly offensive communication about another person, or<\/p>\n<p>(ii) sends any threatening or grossly offensive communication to another person,<\/p>\n<p>and<\/p>\n<p>(b) with intent by so distributing, publishing or sending to cause harm,<\/p>\n<p>is guilty of an offence.<\/p>\n<p>(2) For the purposes of subsection (1), a person intends to cause harm where he or she, by his or her acts, intentionally seriously interferes with the other person\u2019s peace and privacy or causes alarm or distress to the other person.<\/p>\n<p>(3) A person who is guilty of an offence under this section is liable\u2014<\/p>\n<p>(a) on summary conviction to a class A fine or imprisonment for a term not exceeding six months, or both, or<\/p>\n<p>(b) on conviction on indictment to a fine or imprisonment for a term not exceeding two years, or both.<\/p>\n<h4>Anonymity of victim of offence under section 2 or 3<\/h4>\n<p>5. (1) Where a person is charged with an offence under section 2 or 3 , any person who publishes or broadcasts\u2014<\/p>\n<p>(a) any information,<\/p>\n<p>(b) a photograph of, or a photograph that includes a depiction of, the alleged victim of the offence, or<\/p>\n<p>(c) any other representation of the physical likeness, or any representation that includes a depiction of the physical likeness, of the alleged victim of the offence,<\/p>\n<p>that is likely to enable the identification of the alleged victim of the offence, is, subject to any direction under subsection (2), guilty of an offence.<\/p>\n<p>(2) Where a judge of the court in which proceedings for an offence under section 2 or 3, as the case may be, are brought considers that the interests of justice so require, he or she may, having taken into account the views of the alleged victim of the offence, direct that such information, photograph or representation referred to in subsection (1) as he or she specifies may be published or broadcast in such manner and subject to such conditions (if any) as he or she specifies in the direction.<\/p>\n<p>(3) A direction given under subsection (2) shall be in writing.<\/p>\n<p>(4) A person who contravenes a direction given under subsection (2) , including a condition in such a direction, is guilty of an offence.<\/p>\n<p>(5) A person who is guilty of an offence under subsection (1) or (4) is liable\u2014<\/p>\n<p>(a) on summary conviction to a class B fine or to imprisonment for a term not exceeding 12 months, or both, or<\/p>\n<p>(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding three years, or both.<\/p>\n<p>(6) It shall be a defence for a person who is charged with an offence under subsection (1) or (4) to prove that at the time of the alleged offence the person was not aware, and neither suspected nor had reason to suspect\u2014<\/p>\n<p>(a) in the case of an offence under subsection (1), that the information, photograph or other representation published or broadcast was information, a photograph or other representation referred to in that subsection, or<\/p>\n<p>(b) in the case of an offence under subsection (4), that the information, photograph or other representation was published or broadcast in contravention of a direction given under subsection (2), including a condition in such a direction.<\/p>\n<h4>Liability of directors and officers of corporate bodies<\/h4>\n<p>6. (1) Where an offence under this Act is committed by a body corporate and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any wilful neglect of, a person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate or of a person purporting to act in such a capacity, that person, as well as the body corporate, is guilty of an offence and is liable to be proceeded against and punished as if guilty of the first-mentioned offence.<\/p>\n<p>(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts or defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.<\/p>\n<h4>Summary proceedings: time limit of two years<\/h4>\n<p>7. Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under this Act may be instituted at any time within two years from the date on which the offence was committed.<\/p>\n<h4>Consent of Director of Public Prosecutions<\/h4>\n<p>8. Notwithstanding section 52 (4) of the Children Act 2001 , where a child under 17 years of age is charged with an offence under this Act, no further proceedings in the matter (other than any remand in custody or on bail) shall be taken except by or with the consent of the Director of Public Prosecutions.<\/p>\n<h4>Amendment of Schedule to Bail Act 1997<\/h4>\n<p>9. The Schedule to the Bail Act 1997 is amended by the insertion of the following paragraph after paragraph 41:<\/p>\n<p>\u201cOffence under the Harassment, Harmful Communications and Related Offences Act 2020<\/p>\n<p>42. An offence under section 2 of the Harassment, Harmful Communications and Related Offences Act 2020.\u201d.<\/p>\n<p>Amendment of section 10 of Non-Fatal Offences against the Person Act 1997<\/p>\n<p>10. Section 10 of the Non-Fatal Offences against the Person Act 1997 is amended by\u2014<\/p>\n<p>(a) in subsection (1), the substitution of \u201ccommunicating with or about him or her\u201d for \u201ccommunicating with him or her\u201d,<\/p>\n<p>(b) in subsection (3), the substitution of \u201ccommunicate by any means with or about the other person\u201d for \u201ccommunicate by any means with the other person\u201d, and<\/p>\n<p>(c) the substitution of the following subsection for subsection (6):<\/p>\n<p>\u201c(6) A person guilty of an offence under this section shall be liable\u2014<\/p>\n<p>(a) on summary conviction to a class A fine or to imprisonment for a term not exceeding 12 months, or both, or<\/p>\n<p>(b) on conviction on indictment to a fine or a term of imprisonment not exceeding 10 years, or both.\u201d.<\/p>\n<h4>Amendment of section 40 of Domestic Violence Act 2018<\/h4>\n<p>11. Section 40 (5) of the Domestic Violence Act 2018 is amended by\u2014<\/p>\n<p>(a) the insertion, in the definition of \u201crelevant offence\u201d, of the following paragraph after paragraph (a) :<\/p>\n<p>\u201c(aa) an offence under section 2 or 3 of the Harassment, Harmful Communications and Related Offences Act 2020,\u201d,<\/p>\n<p>and<\/p>\n<p>(b) in paragraph (g), the substitution of \u201cin paragraph (a), (aa), (b), (c), (d), (e) or (f)\u201d for \u201cparagraphs (a) to (f)\u201d.<\/p>\n<h4>Review of operation of Act<\/h4>\n<p>12. The Minister shall, not later than three years after the commencement of this Act, carry out a review of the operation of this Act.<\/p>\n<p>Short title and commencement<\/p>\n<p>13. (1) This Act may be cited as the Harassment, Harmful Communications and Related Offences Act 2020.<\/p>\n<p>(2) This Act shall come into operation on such day or days as the Minister for Justice may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.<\/p>\n<h2>CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2023<\/h2>\n<p>&nbsp;<\/p>\n<h4>Harassment or stalking<\/h4>\n<p>23. The Act of 1997 is amended by the substitution of the following section for section 10:<\/p>\n<p>\u201c10. (1) A person shall be guilty of the offence of harassment where\u2014<\/p>\n<p>(a) the person, without lawful authority or reasonable excuse, persistently, by his or her acts, intentionally or recklessly, at the time when the acts occur or when the other becomes aware of them\u2014<\/p>\n<p>(i) seriously interferes with another\u2019s peace and privacy, or<\/p>\n<p>(ii) causes alarm, distress or harm to the other,<\/p>\n<p>and<\/p>\n<p>(b) the person\u2019s acts are such that a reasonable person would realise that the acts would seriously interfere with the other\u2019s peace and privacy or cause alarm, distress or harm to the other, at the time when the acts occurred or when the other becomes aware of them.<\/p>\n<p>(2) A person shall be guilty of the offence of stalking where\u2014<\/p>\n<p>(a) the person, without lawful authority or reasonable excuse, by his or her acts, intentionally or recklessly causes another, at the time when the acts occur or when the other becomes aware of them\u2014<\/p>\n<p>(i) to fear that violence will be used against him or her or another person connected to him or her, or<\/p>\n<p>(ii) serious alarm or distress that has a substantial adverse impact on his or her usual day-to-day activities,<\/p>\n<p>and<\/p>\n<p>(b) the person\u2019s acts are such that a reasonable person would realise that the acts would cause the other, at the time when the acts occur or when the other becomes aware of them, to fear that violence will be used against him or her or another person connected to him or her, or serious alarm or distress that has a substantial adverse impact on his or her usual day-to-day activities.<\/p>\n<p>(3) Without prejudice to the generality of subsections (1) and (2), the acts referred to in those subsections include the following:<\/p>\n<p>(a) following, watching, monitoring, tracking or spying upon a person;<\/p>\n<p>(b) pestering a person;<\/p>\n<p>(c) impersonating a person;<\/p>\n<p>(d) communicating with or about a person;<\/p>\n<p>(e) purporting to act or communicate on behalf of a person;<\/p>\n<p>(f) disclosing to other persons private information in respect of a person;<\/p>\n<p>(g) interfering with the property (including pets) of a person;<\/p>\n<p>(h) loitering in the vicinity of a person;<\/p>\n<p>(i) causing, without the consent of the person, an electronic communication or information system operated by a person to function in a particular way;<\/p>\n<p>(j) breaching a court order\u2014<\/p>\n<p>(i) made pursuant to this section or Part 5 of the Criminal Justice (Miscellaneous Provisions) Act 2023, or<\/p>\n<p>(ii) otherwise restraining the person from communicating with or about the other person or, within such distance as is specified in the order, approaching the other or the place of residence, education or employment of the other person.<\/p>\n<p>(4) Where a person is guilty of an offence under subsection (1) or (2), the court may, in addition to or as an alternative to any other penalty, order that the person shall not, for such period as the court may specify, communicate by any means with or about the other person or that the person shall not approach within such distance as the court shall specify of the place of residence, education or employment of the other person.<\/p>\n<p>(5) An order under subsection (4) shall be in writing.<\/p>\n<p>(6) A copy of an order under subsection (4) shall be given to\u2014<\/p>\n<p>(a) the person against whom the order is made (\u2018the subject of the order\u2019),<\/p>\n<p>(b) the other person, referred to in subsection (4),<\/p>\n<p>(c) the member of the Garda S\u00edoch\u00e1na in charge of the Garda S\u00edoch\u00e1na station for the area in which the person referred to in paragraph (b) resides, and<\/p>\n<p>(d) if the subject of the order is sentenced to a period of imprisonment, the person for the time being in charge of the place where the subject of the order is, or is to be, imprisoned.<\/p>\n<p>(7) The validity of an order under subsection (4) shall not be affected by non-compliance with subsection (6).<\/p>\n<p>(8) A person who fails to comply with the terms of an order under subsection (4) shall be guilty of an offence.<\/p>\n<p>(9) A person guilty of an offence under subsection (1), (2) or (8) shall be liable\u2014<\/p>\n<p>(a) on summary conviction to a class A fine or to imprisonment for a term not exceeding 12 months, or to both, or<\/p>\n<p>(b) on conviction on indictment to a fine or a term of imprisonment not exceeding 10 years, or to both.<\/p>\n<p>(10) Without prejudice to any other enactment or rule of law, a court shall, in determining the sentence to be imposed on a person for an offence under this section, treat as an aggravating factor the fact that the person has previously been convicted of an offence against the other person or a person connected with the other person.<\/p>\n<p>(11) Subject to subsections (12) and (13), where subsection (10) applies the court shall impose a sentence which is greater than that which would have been imposed in the absence of such factor.<\/p>\n<p>(12) Subsection (10) shall not apply where the court considers that there are exceptional circumstances justifying it not applying that subsection.<\/p>\n<p>(13) The sentence imposed as a result of the application of subsection (10) shall not be greater than the maximum sentence permissible for the offence concerned.<\/p>\n<p>(14) A person charged with an offence under subsection (2) may, if the evidence does not warrant a conviction for that offence but warrants a conviction under subsection (1), be found guilty of an offence under subsection (1).<\/p>\n<p>(15) A reference in subsection (10) to an offence against a person includes a reference to an offence involving damage of the property of the person.\u201d.<\/p>\n<h4>Prohibition on publication or broadcast of certain material<\/h4>\n<p>24. The Act of 1997 is amended by the insertion of the following section after section 10:<\/p>\n<p>\u201c10A. (1) Subject to this section, a person (other than the alleged victim) who, where a person is charged with an offence under section 10, publishes or broadcasts identifying material shall be guilty of an offence.<\/p>\n<p>(2) Subsection (1) shall not apply where the alleged victim consents in court to being identified.<\/p>\n<p>(3) The court in which proceedings for the offence are brought may, where satisfied that it is in the interests of justice to do so, direct that such information, photograph, depiction or other representation to which subsection (1) applies as the court may specify may be published or broadcast in such manner, and subject to such conditions, as may be specified in the direction.<\/p>\n<p>(4) Before giving a direction under subsection (3), the court shall take into account\u2014<\/p>\n<p>(a) the views of the alleged victim, and<\/p>\n<p>(b) the nature or circumstances of the case, and in particular the effect of the publication or broadcast concerned on the alleged victim.<\/p>\n<p>(5) A direction given under subsection (3) shall be in writing.<\/p>\n<p>(6) A person who contravenes the terms of a direction given under subsection (3) shall be guilty of an offence.<\/p>\n<p>(7) A person who is guilty of an offence under subsection (1) or (6) is liable\u2014<\/p>\n<p>(a) on summary conviction to a class B fine or to imprisonment for a term not exceeding 12 months, or both, or<\/p>\n<p>(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding three years, or both.<\/p>\n<p>(8) It shall be a defence for a person who is charged with an offence under subsection (1) or (6) to prove that at the time of the alleged offence the person was not aware, and neither suspected nor had reason to suspect\u2014<\/p>\n<p>(a) in the case of an offence under subsection (1), that the information, photograph, depiction or other representation published or broadcast was identifying information, or<\/p>\n<p>(b) in the case of an offence under subsection (6), that the information, photograph, depiction or other representation was published or broadcast in contravention of the terms of a direction given under subsection (3).<\/p>\n<p>(9) This section is without prejudice to any other enactment or rule of law that operates to prohibit the publication or broadcast of identifying material.<\/p>\n<p>(10) In this section\u2014<\/p>\n<p>\u2018alleged victim\u2019, in relation to an offence under section 10, means the alleged victim of that offence;<\/p>\n<p>\u2018broadcast\u2019 has the same meaning as it has in the Broadcasting and Other Media Regulation Acts 2009 and 2022;<\/p>\n<p>\u2018identifying material\u2019, in relation to an offence under section 10, means\u2014<\/p>\n<p>(a) information, or<\/p>\n<p>(b) a photograph, depiction or other representation of the physical likeness of the alleged victim,<\/p>\n<p>that is likely to enable the identification of the alleged victim;<\/p>\n<p>\u2018publish\u2019 means publish, other than by way of broadcast, to the public or a portion of the public.\u201d.<\/p>\n<h4>Transitional provision<\/h4>\n<p>25. An order under section 10(3) of the Act of 1997 that is in effect immediately before the date on which this section comes into operation shall be deemed to be an order under subsection (4) of section 10 (as amended by section 23 ) of the Act of 1997 and that section (other than subsections (5) to (7)), as so amended, shall apply in respect of the order for the remainder of the period for which the order has effect.<\/p>\n<h4>Amendment of section 25 of Act of 1997<\/h4>\n<p>26. (1) The Act of 1997 is amended by the substitution of the following section for section 25:<\/p>\n<p>\u201c25. (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, \u2018registered medical practitioner\u2019 means a person who is a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007 .\u201d.<\/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<h2><\/h2>\n<p>&nbsp;<\/p>\n<p>PART 5<\/p>\n<h4>Civil orders against relevant conduct<\/h4>\n<h4>Definitions (Part 5)<\/h4>\n<p>27. (1) In this Part, \u201ccourt\u201d means the District Court, or, on appeal from the District Court, the Circuit Court.<\/p>\n<p>(2) For the purposes of this Part, \u201crelevant conduct\u201d means conduct engaged in, without lawful authority or reasonable excuse, by the respondent towards the applicant or, where relevant, a person connected to the applicant, that would reasonably be considered likely to cause the applicant\u2014<\/p>\n<p>(a) to fear that violence will be used against the applicant or person, or<\/p>\n<p>(b) serious alarm or distress that has a substantial adverse impact on his or her usual day-to-day activities.<\/p>\n<p>(3) Without prejudice to the generality of subsection (2), the conduct referred to in that subsection includes the following:<\/p>\n<p>(a) following, watching, monitoring, tracking or spying upon a person;<\/p>\n<p>(b) pestering a person;<\/p>\n<p>(c) impersonating a person;<\/p>\n<p>(d) communicating with or about a person;<\/p>\n<p>(e) purporting to act or communicate on behalf of a person;<\/p>\n<p>(f) disclosing to other persons private information in respect of a person;<\/p>\n<p>(g) interfering with the property (including pets) of a person;<\/p>\n<p>(h) loitering in the vicinity of a person;<\/p>\n<p>(i) causing, without the consent of the person, an electronic communication or information system operated by a person to function in a particular way.<\/p>\n<p>(4) A reference in this Part to an order under section 28 includes a reference to such an order as varied under section 29 and to a further order made under section 30 .<\/p>\n<h4>Order under section 28<\/h4>\n<p>28. (1) A\u2014<\/p>\n<p>(a) person (in this Part referred to as an \u201capplicant\u201d), or<\/p>\n<p>(b) member of the Garda S\u00edoch\u00e1na, acting in accordance with section 31 , on behalf of an applicant,<\/p>\n<p>may apply to the court for an order under this section against another person (in this Part referred to as a \u201crespondent\u201d).<\/p>\n<p>(2) Subject to subsection (7), an application under subsection (1) shall be made on notice to the respondent concerned.<\/p>\n<p>(3) The court, on application to it under this section, may make an order under this section where it is of the opinion that\u2014<\/p>\n<p>(a) there are reasonable grounds for believing that the respondent has engaged in relevant conduct towards the applicant or, where relevant, a person connected to the applicant, and<\/p>\n<p>(b) the making of the order is, in all of the circumstances, necessary for, and proportionate to, the purpose of protecting the safety and welfare of the applicant.<\/p>\n<p>(4) An order under this section may prohibit the respondent from doing any or all of the following in respect of the applicant or, where relevant, a person connected to the applicant:<\/p>\n<p>(a) using or threatening to use violence against, molesting or putting in fear the person;<\/p>\n<p>(b) following or communicating by any means with or about the person;<\/p>\n<p>(c) approaching, within such distance as the court shall specify, the place of residence, education or employment of the person;<\/p>\n<p>(d) engaging in such other forms of relevant conduct as the court specifies.<\/p>\n<p>(5) An order under this section may be subject to such exceptions and conditions as the court specifies.<\/p>\n<p>(6) Subject to subsections (9) and (13), an order under this section shall have effect for a period of 5 years from the date on which it is made, or such shorter period as may be specified by the court.<\/p>\n<p>(7) An application under subsection (1) may be made ex parte, where grounded on an affidavit or information sworn by the applicant.<\/p>\n<p>(8) An order under this section may be made on an application to which subsection (7) applies where the court, having regard to the particular circumstances of the case, is of the opinion that there are reasonable grounds for believing that there is an immediate risk to the safety and welfare of the applicant.<\/p>\n<p>(9) An order under this section that is made under subsection (8) shall have effect for a period of 8 days from the day on which it is made, or such shorter period as may be specified in the order.<\/p>\n<p>(10) Where an order under this section is made under subsection (8)\u2014<\/p>\n<p>(a) a note of evidence given by the applicant shall be prepared forthwith\u2014<\/p>\n<p>(i) by the judge,<\/p>\n<p>(ii) by the applicant or by the applicant\u2019s solicitor and approved by the judge, or<\/p>\n<p>(iii) as otherwise directed by the judge,<\/p>\n<p>and<\/p>\n<p>(b) a copy of the order, the affidavit or information sworn under subsection (7) and the note of evidence shall be served on the respondent as soon as practicable.<\/p>\n<p>(11) The court, on making an order under this section under subsection (8), shall cause a copy of the order to be given or sent, as soon as practicable\u2014<\/p>\n<p>(a) to the applicant, and<\/p>\n<p>(b) to such of the persons referred to in paragraphs (d), (e) and (f) of section 35 (1) as the court considers appropriate.<\/p>\n<p>(12) The court, on an application under subsection (1) that is made on notice to the respondent, or between the making of that application and its determination, may, pending the determination of the application, make an order under this section (in this Part referred to as an \u201cinterim order\u201d) where it is of the opinion that it is necessary and proportionate to do so for the purpose of protecting the safety and welfare of the applicant.<\/p>\n<p>(13) An interim order shall cease to have effect on the determination by the court of the application under subsection (1).<\/p>\n<p>(14) The court, on making an interim order, shall cause a copy of the interim order to be given or sent, as soon as practicable\u2014<\/p>\n<p>(a) to the applicant,<\/p>\n<p>(b) to the respondent, and<\/p>\n<p>(c) to such of the persons referred to in paragraphs (d), (e) and (f) of section 35 (1) as the court considers appropriate.<\/p>\n<p>(15) The validity of an order under this section that is made under subsection (8), or an interim order, shall not be affected by non-compliance with subsection (11) or (14), as the case may be.<\/p>\n<p>(16) Sections 30 and 35 shall not apply to an order under this section that is made under subsection (8) or to an interim order.<\/p>\n<h4>Variation or discharge of order under section 28<\/h4>\n<p>29. (1) An application to the court for the variation or discharge of an order under section 28 may be made by\u2014<\/p>\n<p>(a) the applicant, on notice to the respondent,<\/p>\n<p>(b) the respondent, on notice to the applicant, or<\/p>\n<p>(c) a person referred to in section 28 (1)(b), on notice to the applicant and the respondent.<\/p>\n<p>(2) The court, on application to it under subsection (1) for the variation of an order, may, where it is of the opinion that it is necessary and proportionate to do so, vary the order concerned as it considers appropriate.<\/p>\n<p>(3) The court, on application to it under subsection (1) for the discharge of an order, may\u2014<\/p>\n<p>(a) where it is of the opinion that the order is no longer necessary and proportionate under all of the circumstances to protect the safety and welfare of the applicant, discharge the order, or<\/p>\n<p>(b) where it is of the opinion that it is necessary and proportionate to do so, vary the order concerned as it considers appropriate.<\/p>\n<p>(4) For the purposes of an application under this section or section 30 , an order made by the Circuit Court on appeal from the District Court shall be treated as if it had been made by the District Court.<\/p>\n<h4>Renewal of order under section 28<\/h4>\n<p>30. (1) On or before the expiry of an order under section 28 , an applicant or a person referred to in section 28 (1)(b) may apply to the court for a further order under that section.<\/p>\n<p>(2) Subsections (2) to (6) of section 28 shall apply to an application under subsection (1) as they apply to an application under that section.<\/p>\n<h4>Application under section 28, 29 or 30 by member of Garda S\u00edoch\u00e1na<\/h4>\n<p>31. (1) A member of the Garda S\u00edoch\u00e1na may make an application to the court under section 28 , 29 or 30 where he or she becomes aware of an alleged incident or series of incidents of relevant conduct which he or she believes to justify the making of the application.<\/p>\n<p>(2) Before making an application referred to in subsection (1), the member concerned shall, as far as is reasonably practicable, ascertain the views of the applicant concerned as to whether it is appropriate in all the circumstances for the member to make the application concerned.<\/p>\n<h4>Protection against cross-examination by applicant or respondent<\/h4>\n<p>32. (1) Where\u2014<\/p>\n<p>(a) an application is made to a court under section 28 , 29 or 30 ,<\/p>\n<p>(b) a person under the age of 18 years is to give evidence, and<\/p>\n<p>(c) the applicant or respondent proposes to cross-examine the person referred to in paragraph (b) personally,<\/p>\n<p>the court shall direct that the applicant or the respondent, as the case may be, may not personally cross-examine the witness unless the court is of the opinion that the interests of justice require the applicant or respondent to conduct the cross-examination personally.<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) an application is made to a court under section 28 , 29 or 30 ,<\/p>\n<p>(b) a person who has attained the age of 18 years, being the applicant for the order or the person connected to the applicant towards whom the relevant conduct to which the application relates is alleged to have been engaged in, is to give evidence, and<\/p>\n<p>(c) the applicant or respondent proposes to cross-examine the person referred to in paragraph (b) personally,<\/p>\n<p>the court may direct that the applicant or the respondent, as the case may be, may not personally cross-examine the witness unless the court is of the opinion that the interests of justice require the applicant or respondent to conduct the cross- examination personally.<\/p>\n<p>(3) Where an applicant or respondent, as the case may be, is prevented from cross-examining a witness by virtue of subsection (1) or (2), the court shall\u2014<\/p>\n<p>(a) invite the applicant or respondent to arrange for a legal representative to act for him or her for the purpose of cross-examining the witness, and<\/p>\n<p>(b) require the applicant or respondent to notify the court, by the end of such period as it may specify, as to whether a legal representative is to act for him or her for that purpose.<\/p>\n<p>(4) If by the end of the period referred to in subsection (3)(b), the applicant or respondent has notified the court that no legal representative is to act for him or her for the purpose of cross-examining the witness or no notification has been received by the court and it appears to the court that no legal representative is to so act, the court shall consider whether it is necessary, in the interests of justice, for the witness to be cross-examined by a legal representative appointed to act for the applicant or respondent for that purpose.<\/p>\n<p>(5) If the court decides under subsection (4) that it is necessary, in the interests of justice, for the witness to be cross-examined by a legal representative appointed to act for the applicant or respondent for that purpose, the court shall appoint a legal representative (chosen by the court) to cross-examine the witness on behalf of the applicant or respondent.<\/p>\n<h4>Requirement to give reasons for certain decisions<\/h4>\n<p>33. Where an application is made to a court under section 28 , 29 or 30 , the court shall give reasons for its decision\u2014<\/p>\n<p>(a) to grant or refuse the application,<\/p>\n<p>(b) if applicable, to make the order applied for subject to exceptions or conditions, or<\/p>\n<p>(c) if applicable, to vary the exceptions or conditions referred to in paragraph (b).<\/p>\n<h4>Taking effect of relevant order<\/h4>\n<p>34. (1) A relevant order shall take effect on notification of the making of the order concerned being given to the respondent.<\/p>\n<p>(2) Oral communication to the respondent by or on behalf of the applicant of the fact that a relevant order has been made, together with production of a copy of the relevant order, shall, without prejudice to the sufficiency of any other form of notification, be taken to be sufficient notification to the respondent of the making of the order.<\/p>\n<p>(3) If the respondent is present at a sitting of the court at which the relevant order is made, that respondent shall be taken for the purposes of subsection (1) to have been notified of its making.<\/p>\n<p>(4) A court may direct that a relevant order be served personally by a member of the Garda S\u00edoch\u00e1na on a respondent who is not present at a sitting of the court at which the order is made in any case where\u2014<\/p>\n<p>(a) there are reasonable grounds for believing that the respondent may evade service of the order, or<\/p>\n<p>(b) there is any other good and sufficient reason to so direct.<\/p>\n<p>(5) In this section, \u201crelevant order\u201d means\u2014<\/p>\n<p>(a) an order under section 28 or 30 , or<\/p>\n<p>(b) an order under section 29 , other than an order discharging an order under section 28 .<\/p>\n<h4>Copies of orders to be given to certain persons<\/h4>\n<p>35. (1) The court, on making, varying or discharging an order under section 28 , shall cause a copy of its order under section 28 , 29 or 30 , as the case may be, to be given or sent as soon as practicable\u2014<\/p>\n<p>(a) to the applicant,<\/p>\n<p>(b) to the respondent,<\/p>\n<p>(c) where an application has been made by a member of the Garda S\u00edoch\u00e1na acting in accordance with section 31 , to that member,<\/p>\n<p>(d) to the member of the Garda S\u00edoch\u00e1na in charge of the Garda S\u00edoch\u00e1na station for the area in which the person, for whose benefit the order is made, resides,<\/p>\n<p>(e) where the order in question is a variation or discharge of an order and the person for whose benefit the order was made had previously resided elsewhere, to the member of the Garda S\u00edoch\u00e1na in charge of the Garda S\u00edoch\u00e1na station for the area in which that person had so resided, but only if that member had previously been sent under this subsection a copy of that order, or any order relating thereto, and<\/p>\n<p>(f) insofar as is reasonably practicable, where the order in question prohibits or restricts the respondent from approaching a specified place, to the member of the Garda S\u00edoch\u00e1na in charge of the Garda S\u00edoch\u00e1na station for the area in which the specified place is situated.<\/p>\n<p>(2) The validity of an order to which this section relates shall not be affected by non-compliance with subsection (1).<\/p>\n<h4>Exercise of jurisdiction by court in civil proceedings<\/h4>\n<p>36. (1) The jurisdiction of the court in respect of proceedings under this Part may be exercised\u2014<\/p>\n<p>(a) as regards the Circuit Court, by the judge of the Circuit Court within whose circuit either the applicant or respondent resides, and<\/p>\n<p>(b) as regards the District Court, by a judge of the District Court for the time being assigned to the district court district within which either the applicant or respondent resides.<\/p>\n<p>(2) For the purposes of subsection (1), a person concerned who would, but for the conduct of the respondent, be residing at a place may be treated by the court as residing at that place.<\/p>\n<h4>Hearing of proceedings<\/h4>\n<p>37. (1) Subject to section 40 of the Civil Liability and Courts Act 2004 and section 40 , an application under section 28 , 29 or 30 shall be heard otherwise than in public.<\/p>\n<p>(2) Proceedings under this Part shall be as informal as is practicable and consistent with the administration of justice.<\/p>\n<p>(3) Judges hearing and determining proceedings under this Part, and barristers and solicitors appearing in those proceedings, shall not wear wigs or gowns.<\/p>\n<h4>Special sitting of District Court<\/h4>\n<p>38. (1) A member of the Garda S\u00edoch\u00e1na not below the rank of sergeant may request the Courts Service to arrange a special sitting of the District Court for the purposes of the making of an application under this Part\u2014<\/p>\n<p>(a) where a person has informed the member that he or she wishes to make an application under section 28 , 29 or 30 , and<\/p>\n<p>(b) at the time the person so informs the member, there is no District Court sitting in the district court district in which that person would make such an application if that court was sitting.<\/p>\n<p>(2) The Courts Service may, with the consent of a judge of the District Court exercising jurisdiction in accordance with section 36 , arrange such special sittings of the District Court in the district court district referred to in subsection (1)(b) as may be necessary for the purposes specified in that subsection.<\/p>\n<p>(3) In this section, \u201cspecial sitting\u201d means a sitting of the District Court at a place and time not standing appointed for the time being under section 26 of the Courts of Justice Act 1953 or section 40 or 42 of the Courts (Supplemental Provisions) Act 1961 for the transaction of the business of the District Court.<\/p>\n<h4>Evidence through television link for civil proceedings<\/h4>\n<p>39. (1) In proceedings under this Part, a person (other than the respondent) may give evidence through a live television link\u2014<\/p>\n<p>(a) where that person has not attained the age of 18 years, unless the court sees good reason to the contrary,<\/p>\n<p>(b) in any other case, with the leave of the court.<\/p>\n<p>(2) Evidence given under subsection (1) shall be video-recorded or audio-recorded.<\/p>\n<p>(3) Where live television link facilities are not in operation in a circuit court or district court district, and in the opinion of the court concerned it is desirable that evidence in proceedings under this Part be given through a live television link, the court may by order transfer the proceedings to a circuit or district court district in relation to which those facilities are in operation.<\/p>\n<p>(4) Where a court transfers proceedings under subsection (3), the jurisdiction of the court to which the proceedings have been transferred may be exercised\u2014<\/p>\n<p>(a) in the case of the Circuit Court, by the judge of the circuit concerned, and<\/p>\n<p>(b) in the case of the District Court, by the judge of that court for the time being assigned to the district court district concerned.<\/p>\n<p>(5) In this section, \u201cvideo-recorded\u201d means a recording on any medium from which a moving image may, by any means, be produced and includes the accompanying soundtrack (if any).<\/p>\n<h4>Right to be accompanied in court in certain circumstances<\/h4>\n<p>40. (1) Subject to subsection (2), an applicant may, in addition to being accompanied by his or her legal representative (if any), be accompanied in court by an individual of his or her choice.<\/p>\n<p>(2) The court may refuse to allow an applicant to be accompanied in court by a particular individual at any stage in the proceedings which relate to the applicant if the court considers that it would not be in the interests of justice for the individual concerned to accompany, or continue to accompany, the applicant and where the court so refuses it shall give reasons for such refusal.<\/p>\n<h4>Costs<\/h4>\n<p>41. The costs of proceedings under this Part shall be at the discretion of the court.<\/p>\n<h4>Rules of court and service of documents<\/h4>\n<p>42. (1) For the purpose of ensuring the expeditious hearing of applications under this Part, rules of court may make provision for the service of documents otherwise than under section 7 of the Courts Act 1964 in circumstances to which that section relates.<\/p>\n<p>(2) This section is without prejudice to section 24 of the Interpretation Act 2005 .<\/p>\n<h4>Extraterritoriality<\/h4>\n<p>43. (1) An order under section 28 , 29 or 30 may be made against a respondent who\u2014<\/p>\n<p>(a) resides or is present in the State, or<\/p>\n<p>(b) intends to come to the State.<\/p>\n<p>(2) An order under section 28 , 29 or 30 may be made for the benefit of an applicant who\u2014<\/p>\n<p>(a) resides or is present in the State, or<\/p>\n<p>(b) where subsection (1)(a) applies, does not reside or is not present in the State.<\/p>\n<p>(3) In determining whether to make an order under section 28 , 29 or 30 , the Court may take into account conduct that occurred\u2014<\/p>\n<p>(a) inside or outside the State, and<\/p>\n<p>(b) before or after the coming into operation of this Part.<\/p>\n<h4>Offence<\/h4>\n<p>44. (1) A person who contravenes an order made against him or her under section 28 , commits an offence and shall be liable on summary conviction to a class B fine or to imprisonment for a term not exceeding 12 months.<\/p>\n<p>(2) Subsection (1) is without prejudice to the law relating to contempt of court or any other liability, whether civil or criminal, that may be incurred by the person concerned.<\/p>\n<h4>Arrest without warrant<\/h4>\n<p>45. (1) Where a member of the Garda S\u00edoch\u00e1na has reasonable cause for believing that an offence is being or has been committed under section 44 (1), the member may, on complaint being made to him or her by or on behalf of the person who was the applicant under section 28 , 29 or 30 , as the case may be, for the order concerned, arrest the respondent concerned without warrant.<\/p>\n<p>(2) For the purpose of arresting a respondent under subsection (1), a member of the Garda S\u00edoch\u00e1na may enter, if need be by force, and search a place where the member, with reasonable cause, suspects the respondent to be.<\/p>\n<h4>Prohibition on publication or broadcast of certain material relating to offence under section 44<\/h4>\n<p>46. (1) Subject to this section, where a person is charged with an offence under section 44 , a person (other than the relevant person) who publishes or broadcasts identifying material commits an offence.<\/p>\n<p>(2) Subsection (1) shall not apply where the relevant person consents in court to being identified or to the person charged with the offence being identified, or both.<\/p>\n<p>(3) The court in which proceedings for the offence are brought may, where satisfied that it is in the interests of justice to do so, direct that such information, photograph, depiction or other representation to which subsection (1) applies as the court may specify may be published or broadcast in such manner, and subject to such conditions, as may be specified in the direction.<\/p>\n<p>(4) Before giving a direction under subsection (3), the court shall take into account\u2014<\/p>\n<p>(a) the views of the relevant person, and<\/p>\n<p>(b) the nature or circumstances of the case, and in particular the effect of the publication or broadcast concerned on the relevant person.<\/p>\n<p>(5) A direction given under subsection (3) shall be in writing.<\/p>\n<p>(6) A person who contravenes the terms of a direction given under subsection (3) commits an offence.<\/p>\n<p>(7) A person who commits an offence under subsection (1) or (6) is liable\u2014<\/p>\n<p>(a) on summary conviction to a class B fine or to imprisonment for a term not exceeding 12 months, or both, or<\/p>\n<p>(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding three years, or both.<\/p>\n<p>(8) It shall be a defence for a person who is charged with an offence under subsection (1) or (6) to prove that at the time of the alleged offence the person was not aware, and neither suspected nor had reason to suspect\u2014<\/p>\n<p>(a) in the case of an offence under subsection (1), that the information, photograph, depiction or other representation published or broadcast was identifying material, or<\/p>\n<p>(b) in the case of an offence under subsection (6), that the information, photograph, depiction or other representation was published or broadcast in contravention of the terms of a direction given under subsection (3).<\/p>\n<p>(9) This section is without prejudice to any other enactment or rule of law that operates to prohibit the publication or broadcast of identifying material.<\/p>\n<p>(10) In this section\u2014<\/p>\n<p>\u201cbroadcast\u201d has the same meaning as it has in the Broadcasting and Other Media Regulation Acts 2009 and 2022;<\/p>\n<p>\u201cidentifying material\u201d, in relation to an offence under section 44 , means\u2014<\/p>\n<p>(a) information, or<\/p>\n<p>(b) a photograph, depiction or other representation of the physical likeness of the relevant person or of the person charged with the offence,<\/p>\n<p>that is likely to enable the identification of the relevant person or of the person charged with the offence;<\/p>\n<p>\u201cpublish\u201d means publish, other than by way of broadcast, to the public or a portion of the public;<\/p>\n<p>\u201crelevant person\u201d, in relation to an offence under section 44 , means the applicant for whose benefit the order concerned was made.<\/p>\n<p>Saver (Part 5)<\/p>\n<p>47. The operation of this Part is without prejudice to the powers of the court under section 10 (4) of the Non-Fatal Offences against the Person Act 1997 , or section 46 of the Criminal Law (Sexual Offences) Act 2017 .<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-22121\" data-postid=\"22121\" class=\"themify_builder_content themify_builder_content-22121 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>2020 Legislation The Harassment, Harmful Communications and Related Offences Act 2020 creates new offences in relation to harassment and harmful communications, both online and offline. The Act provides for two new offences to deal with the recording, distribution or publication of intimate images without consent and provides for the anonymity of victims of those offences. [&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\/22121"}],"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=22121"}],"version-history":[{"count":14,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22121\/revisions"}],"predecessor-version":[{"id":33823,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22121\/revisions\/33823"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=22121"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=22121"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=22121"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}