{"id":28159,"date":"2023-10-08T20:10:18","date_gmt":"2023-10-08T20:10:18","guid":{"rendered":"https:\/\/legalblog.ie\/?p=28159"},"modified":"2024-03-17T20:46:25","modified_gmt":"2024-03-17T20:46:25","slug":"female-genital-mutilation","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/female-genital-mutilation\/","title":{"rendered":"Female Genital Mutilation"},"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\/female-genital-mutilation\/#Criminal_Offence\" title=\"Criminal Offence\">Criminal Offence<\/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\/female-genital-mutilation\/#Exemptions\" title=\"Exemptions\">Exemptions<\/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\/female-genital-mutilation\/#Presumption\" title=\"Presumption\">Presumption<\/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\/female-genital-mutilation\/#Offences_Abroad\" title=\"Offences Abroad\">Offences Abroad<\/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\/female-genital-mutilation\/#Exemptions_Abroad\" title=\"Exemptions Abroad\">Exemptions Abroad<\/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\/female-genital-mutilation\/#Anonymity\" title=\"Anonymity\">Anonymity<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/female-genital-mutilation\/2\/#CRIMINAL_JUSTICE_FEMALE_GENITAL_MUTILATION_ACT_2012\" title=\"CRIMINAL JUSTICE (FEMALE GENITAL MUTILATION) ACT 2012\">CRIMINAL JUSTICE (FEMALE GENITAL MUTILATION) ACT 2012<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/female-genital-mutilation\/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-9\" href=\"https:\/\/legalblog.ie\/female-genital-mutilation\/2\/#Offences_of_female_genital_mutilation_etc\" title=\"Offences of female genital mutilation, etc.\">Offences of female genital mutilation, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/female-genital-mutilation\/2\/#Offence_of_removal_from_State_for_purpose_of_female_genital_mutilation\" title=\"Offence of removal from State for purpose of female genital mutilation.\">Offence of removal from State for purpose of female genital mutilation.<\/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\/female-genital-mutilation\/2\/#Acts_etc_done_outside_State\" title=\"Acts, etc., done outside State.\">Acts, etc., done outside State.<\/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\/female-genital-mutilation\/2\/#Punishment_for_offences_under_sections_2_3_and_4\" title=\"Punishment for offences under sections 2, 3 and 4.\">Punishment for offences under sections 2, 3 and 4.<\/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\/female-genital-mutilation\/2\/#Proceedings\" title=\"Proceedings.\">Proceedings.<\/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\/female-genital-mutilation\/2\/#Double_jeopardy\" title=\"Double jeopardy.\">Double jeopardy.<\/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\/female-genital-mutilation\/2\/#Exclusion_of_the_public_from_hearing\" title=\"Exclusion of the public from hearing.\">Exclusion of the public from hearing.<\/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\/female-genital-mutilation\/2\/#Anonymity_of_girl_or_woman_concerned\" title=\"Anonymity of girl or woman concerned.\">Anonymity of girl or woman concerned.<\/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\/female-genital-mutilation\/2\/#Anonymity_of_accused_person\" title=\"Anonymity of accused person.\">Anonymity of accused person.<\/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\/female-genital-mutilation\/2\/#Punishment_for_offences_under_sections_9_and_10\" title=\"Punishment for offences under sections 9 and 10.\">Punishment for offences under sections 9 and 10.<\/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\/female-genital-mutilation\/2\/#Evidence_in_proceedings_for_offences_outside_State\" title=\"Evidence in proceedings for offences outside State.\">Evidence in proceedings for offences outside State.<\/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\/female-genital-mutilation\/2\/#Amendment_of_Criminal_Justice_Act_1993\" title=\"Amendment of Criminal Justice Act 1993.\">Amendment of Criminal Justice Act 1993.<\/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\/female-genital-mutilation\/2\/#Amendment_of_Bail_Act_1997\" title=\"Amendment of Bail Act 1997.\">Amendment 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-22\" href=\"https:\/\/legalblog.ie\/female-genital-mutilation\/2\/#Amendment_of_Children_Act_2001\" title=\"Amendment of Children Act 2001.\">Amendment of Children Act 2001.<\/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\/female-genital-mutilation\/2\/#Short_title_and_commencement\" title=\"Short title and commencement.\">Short title and commencement.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Criminal_Offence\"><\/span>Criminal Offence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The main purpose of the Criminal Justice (Female Genital Mutilation) Act 2012 is to prohibit female genital mutilation; along with providing for related offences \u2014 some of which apply to certain extra-territorial jurisdictions.<\/p>\n<p>The Act \u00a0criminalises the act of doing female genital mutilation; it also provides for the offence of attempting to do an act of female genital mutilation. The offences of aiding, abetting, counselling, or procuring the commission of female genital mutilation are already provided for in the general criminal law Acts on the grounds that a person is liable to be tried and punished where s\/he aids, abets, counsels or procures the commission of an indictable offence.<\/p>\n<p>Doing or attempting to do female genital mutilation is an indictable offence. The general criminal law Acts concerned are:<\/p>\n<ul>\n<li>Criminal Law Act 1997;<\/li>\n<li>Criminal Justice Act 2006;<\/li>\n<li>Criminal Justice (Amendment) Act<\/li>\n<\/ul>\n<p>And in a similar vein, the offence of conspiring with another person to do female genital mutilation is covered by the same general criminal law.<\/p>\n<p>It an offence for a person to take a woman or girl from the State where one of the purposes of taking her is to do female genital mutilation to her; a similar offence for attempting removal is also created.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Exemptions\"><\/span>Exemptions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are various exemptions from the offence of female genital mutilation Firstly,<\/p>\n<ul>\n<li>that a registered medical practitioner is exempt when doing a surgical operation that is required for the protection of the physical or mental health of a girl or woman;<\/li>\n<li>secondly, a midwife \u2014 or a person training to be a midwife \u2014 along with a registered medical practitioner, are exempt when doing a surgical operation on a woman in labour or after she has just given birth, provided that the operation is related to the labour or birth;<\/li>\n<li>thirdly, a girl or woman who self- mutilates does not commit an offence \u2014 though a person who aids and abets such a girl or woman to do female genital mutilation can be tried for an offence under the general criminal law above; and<\/li>\n<li>fourthly, a person is exempt when doing an act on a woman who is over 18 years and there is no resultant bodily harm.<\/li>\n<\/ul>\n<p>With respect to the exemption for a midwife above, it is provided here that any kind of mutilation that is equivalent to female genital mutilation following delivery, such as re-infibulation \u2014 even at the request of the woman \u2014 would also constitute an offence under these provisions.<\/p>\n<p>The Act precludes the possibility of invoking reasons of custom or ritual \u2014 or the consent of the girl\/woman herself or her parents\/guardian \u2014 in any defence to proceedings for the commission of the general offence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Presumption\"><\/span>Presumption<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is \u00a0a presumption about the reasons a person removes a girl or woman from the State in the event of proceedings for an offence. In effect, this provides that where it can be reasonably inferred that an accused person took a woman\/girl out of the country for, among other reasons, to do female genital mutilation to her, and that an act of female genital mutilation was done to her in the related period that she was abroad, there shall be a presumption that the accused took the woman\/girl out of the State in order to have female genital mutilation done to her \u2014 unless the contrary is shown.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Offences_Abroad\"><\/span>Offences Abroad<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is extra-territorial jurisdiction in relation to doing or attempting to do female genital mutilation. There are provisions in relation to the circumstances in which a person commits an offence of doing or attempting to do female genital mutilation outside the State; and it includes an Irish citizen or a person who is ordinarily resident in the State who does or attempts to do female genital mutilation in another jurisdiction where they constitute offences.<\/p>\n<p>Ordinarily resident in the State means the person has had his or her principal residence in the State for the period of 12 months preceding the alleged commission of the offence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Exemptions_Abroad\"><\/span>Exemptions Abroad<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are \u00a0various exemptions from the offence.<\/p>\n<ul>\n<li>A person who has been professionally trained to do surgery, or who is qualified to do so under the law of the place where the surgery is done, is exempt when doing a surgical operation on the girl or woman concerned that is required for the protection of her physical or mental health;<\/li>\n<li>secondly, a person who carries out functions that correspond to work done by a midwife \u2014 along with a registered medical practitioner \u2014 are exempt when doing a surgical operation on a woman in labour or after she has just given birth \u2014 provided that the operation is related to the labour or birth;<\/li>\n<li>thirdly, a girl or woman who self-mutilates does not commit an offence \u2014 though a person who aids and abets such a girl or woman to do female genital mutilation under the circumstances shall be tried for an offence under the general criminal law mentioned and a person is exempt when doing an act on a woman who is over 18 years and there is no resultant bodily harm.<\/li>\n<\/ul>\n<p>The Act precludes the possibility of invoking reasons of custom or ritual \u2014 or the consent of the girl\/woman herself or her parents\/guardian \u2014 in any defence to proceedings for the commission of the general offence.<\/p>\n<p>Where proceedings are commenced for an offence committed outside the State, they may be taken in any place in the State.\u00a0There are penalties for the offences. The Act provides for penalties for both a summary conviction and a conviction on indictment.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Anonymity\"><\/span>Anonymity<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Act incorporates the extensive provisions in both the Criminal Law (Rape) Amendment Act 1990 with respect to the provisions governing the exclusion of the public from hearings, and the measures in the earlier Criminal Law (Rape) Act 1981 with respect to the provisions that safeguard the anonymity of the victim.<\/p>\n<p>Once a person is charged with an offence under the Act , no matter likely to lead members of the public to identify a girl or woman as the person against whom the offence is alleged to have been committed, may be published in a written publication available to the public (ie in particular, a newspaper) or be broadcast except as authorised by a direction.7<!--nextpage--><\/p>\n<h2>CRIMINAL JUSTICE (FEMALE GENITAL MUTILATION) ACT 2012<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 26 August 2020<\/p>\n<p>AN ACT TO PROVIDE FOR THE CREATION OF AN OFFENCE OF FEMALE GENITAL MUTILATION, AND OTHER OFFENCES RELATING TO FEMALE GENITAL MUTILATION, FOR THE BETTER PROTECTION OF GIRLS AND WOMEN; TO PROVIDE FOR AMENDMENTS TO OTHER ENACTMENTS; AND TO PROVIDE FOR RELATED MATTERS.<\/p>\n<p>[2nd April, 2012]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<h4>Interpretation.<\/h4>\n<p>1.\u2014 In this Act\u2014<\/p>\n<p>\u201cfemale genital mutilation\u201d means any act the purpose of which, or the effect of which, is the excision, infibulation or other mutilation of the whole or any part of the labia majora, labia minora, prepuce of the clitoris, clitoris or vagina of a girl or woman;<\/p>\n<p>\u201cmidwife\u201d means a person whose name is registered in the midwives division of the register of nurses established under section 27 of the Nurses Act 1985;<\/p>\n<p>\u201cregistered medical practitioner\u201d has the same meaning as it has in section 2 of the Medical Practitioners Act 2007.<\/p>\n<h4>Offences of female genital mutilation, etc.<\/h4>\n<p>2.\u2014 (1) A person is guilty of an offence if the person does or attempts to do an act of female genital mutilation.<\/p>\n<p>(2) A person is not guilty of an offence under subsection (1) if\u2014<\/p>\n<p>(a) the act concerned is a surgical operation performed by a registered medical practitioner on the girl or woman concerned, which is necessary for the protection of her physical or mental health,<\/p>\n<p>(b) the act concerned is a surgical operation performed by a registered medical practitioner or a midwife, or a person undergoing training to be a midwife, on the girl or woman concerned when she is in any stage of labour, or has just given birth, for purposes connected with the labour or birth,<\/p>\n<p>(c) the person is the girl or woman on whom the act of female genital mutilation is done, or<\/p>\n<p>(d) the act concerned is done to a woman who is not less than 18 years of age and there is no resultant permanent bodily harm.<\/p>\n<p>(3) For the avoidance of doubt, it is hereby declared that it shall not be a defence to proceedings for an offence under this section for the accused person to show that he or she believed that the act concerned was consented to by the girl concerned or her parents or guardian, or the woman concerned, as the case may be, or required or permitted for customary or ritual reasons.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nOffence under section included in Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24\/2012), sch. 1 (offences against children for purposes of offence under s. 2) (1.08.2012) by Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24\/2012), s. 2 and sch. 1, S.I. No. 281 of 2012.<\/p>\n<h4>Offence of removal from State for purpose of female genital mutilation.<\/h4>\n<p>3.\u2014 (1) A person is guilty of an offence if the person removes or attempts to remove a girl or woman from the State where one of the purposes for the removal is to have an act of female genital mutilation done to her.<\/p>\n<p>(2) A person is not guilty of an offence under subsection (1) if the act is done and is\u2014<\/p>\n<p>(a) a surgical operation performed, by a person who is duly qualified to perform surgical operations under the law of the place where the act is done, or has been professionally trained to perform surgical operations, on the girl or woman concerned, which is necessary for the protection of her physical or mental health,<\/p>\n<p>(b) a surgical operation performed, by a person performing functions corresponding to those of a midwife or a registered medical practitioner, on the girl or woman concerned when she is in any stage of labour, or has just given birth, for purposes connected with the labour or birth, or<\/p>\n<p>(c) done to a woman who is not less than 18 years of age, and there is no resultant permanent bodily harm.<\/p>\n<p>(3) In proceedings for an offence under subsection (1), it shall be presumed, until the contrary is shown, that one of the purposes for the removal from the State by the accused person of the girl or woman concerned was to have an act of female genital mutilation done to her if\u2014<\/p>\n<p>(a) the accused person removed the girl or woman from the State in circumstances giving rise to the reasonable inference that one of the purposes for such removal was to have an act of female genital mutilation done to her, and<\/p>\n<p>(b) an act of female genital mutilation was done to her after she was removed from the State and, where she subsequently returned to the State, before that return.<\/p>\n<p>(4) For the avoidance of doubt, it is hereby declared that it shall not be a defence to proceedings for an offence under this section for the accused person to show that he or she believed that the act concerned was consented to by the girl concerned or her parents or guardian, or the woman concerned, as the case may be, or required or permitted for customary or ritual reasons.<\/p>\n<p>(5) For the purposes of this section, to \u201cremove a girl or woman from the State\u201d includes\u2014<\/p>\n<p>(a) arranging any part of her travel out of the State,<\/p>\n<p>(b) accompanying her for any portion of that travel,<\/p>\n<p>(c) arranging that she be met when her travel out of the State has terminated, or<\/p>\n<p>(d) doing any other act that could facilitate her travel out of the State.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E2<br \/>\nOffence under section included in Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24\/2012), sch. 1 (offences against children for purposes of offence under s. 2) (1.08.2012) by Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24\/2012), s. 2 and sch. 1, S.I. No. 281 of 2012.<\/p>\n<h4>Acts, etc., done outside State.<\/h4>\n<p>4.\u2014 (1) A person is guilty of an offence if the person does or attempts to do an act of female genital mutilation in a place other than the State, but only if it is done or attempted to be done\u2014<\/p>\n<p>(a) on board an Irish ship within the meaning of section 9 of the Mercantile Marine Act 1955,<\/p>\n<p>(b) on an aircraft registered in the State, or<\/p>\n<p>(c) by a person who is a citizen of Ireland or is ordinarily resident in the State, and would constitute an offence in the place in which it is done.<\/p>\n<p>(2) A person is not guilty of an offence under subsection (1) if\u2014<\/p>\n<p>(a) the act concerned is a surgical operation performed, by a person who is duly qualified to perform surgical operations under the law of the place where the act is done, or has been professionally trained to perform surgical operations, on the girl or woman concerned, which is necessary for the protection of her physical or mental health,<\/p>\n<p>(b) the act concerned is a surgical operation performed, by a person performing functions corresponding to those of a midwife or a registered medical practitioner, on the girl or woman concerned when she is in any stage of labour, or has just given birth, for purposes connected with the labour or birth,<\/p>\n<p>(c) the person is the girl or woman on whom the act of female genital mutilation is done, or<\/p>\n<p>(d) the act concerned is done to a woman who is not less than 18 years of age and there is no resultant permanent bodily harm.<\/p>\n<p>(3) For the avoidance of doubt, it is hereby declared that it shall not be a defence to proceedings for an offence under this section for the accused person to show that he or she believed that the act concerned was consented to by the girl concerned or her parents or guardian, or the woman concerned, as the case may be, or required or permitted for customary or ritual reasons.<\/p>\n<p>(4) For the purposes of proceedings for an offence under this section, a person shall be deemed to be ordinarily resident in the State if he or she has had his or her principal residence within the State for the period of 12 months immediately preceding the alleged commission of the offence.<\/p>\n<p>(5) Proceedings for an offence under this section may be taken in any place in the State and the offence may for all incidental purposes be treated as having been committed in that place.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nAmended by Merchant Shipping (Registration of Ships) Act 2014 (43\/2014), s. 68 and sch. 4, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nProspective affecting provision: subs. 1(a) amended by Merchant Shipping (Registration of Ships) Act 2014 (43\/2014, s. 68 and sch. 4, not commenced as of date of revision.<\/p>\n<p>Acts, etc., done outside State.<\/p>\n<p>4.\u2014 (1) A person is guilty of an offence if the person does or attempts to do an act of female genital mutilation in a place other than the State, but only if it is done or attempted to be done\u2014<\/p>\n<p>(a) on board an Irish ship within the meaning of F1[section 33 of the Merchant Shipping (Registration of Ships) Act 2014],<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E3<br \/>\nOffence under section included in Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24\/2012), sch. 1 (offences against children for purposes of offence under s. 2) (1.08.2012) by Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24\/2012), s. 2 and sch. 1, S.I. No. 281 of 2012.<\/p>\n<h4>Punishment for offences under sections 2, 3 and 4.<\/h4>\n<p>5.\u2014 A person who is guilty of an offence under section 2, 3 or 4 is 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, and<\/p>\n<p>(b) on conviction on indictment to a fine or imprisonment for a term not exceeding 14 years or to both.<\/p>\n<h4>Proceedings.<\/h4>\n<p>6.\u2014 Proceedings may not be instituted under this Act except by, or with the consent of, the Director of Public Prosecutions.<\/p>\n<h4>Double jeopardy.<\/h4>\n<p>7.\u2014 A person who is acquitted or convicted of an offence in a place outside the State shall not be proceeded against for an offence under this Act consisting of the act that constituted the offence of which the person was so acquitted or convicted.<\/p>\n<h4>Exclusion of the public from hearing.<\/h4>\n<p>8.\u2014 (1) Subject to subsections (2) and (3), in any proceedings for an offence under section 2, 3 or 4, the judge or the court, as the case may be, shall exclude from the court during the hearing all persons except officers of the court, persons directly concerned in the proceedings, bona fide representatives of the Press and such other persons (if any) as the judge or the court, as the case may be, may in his or her or its discretion permit to remain.<\/p>\n<p>F2[(2) Subsection (1) is without prejudice to the right of\u2014<\/p>\n<p>(a) a parent, relative or friend of the girl or woman in respect of whom the offence is alleged to have been committed or, where the accused person is not of full age, of the accused person, or<\/p>\n<p>(b) a support worker chosen by the girl or woman referred to in paragraph (a),<\/p>\n<p>to remain in court.]<\/p>\n<p>(3) In any proceedings to which subsection (1) applies, the verdict or decision and the sentence (if any) shall be announced in public.<\/p>\n<p>F3[(4) In this section, \u2018support worker\u2019 means a volunteer of, or an individual employed under a contract of service or under a contract for services by, an organisation which provides support to victims of crime.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F2<br \/>\nSubstituted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017 (28\/2017), s. 35(a), S.I. No. 530 of 2017.<\/p>\n<p>F3<br \/>\nInserted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017 (28\/2017), s. 35(b), S.I. No. 530 of 2017.<\/p>\n<h4>Anonymity of girl or woman concerned.<\/h4>\n<p>9.\u2014 (1) Subject to subsection (8)(a), after a person is charged with an offence under this Act, no matter likely to lead members of the public to identify a girl or woman as the girl or woman in respect of whom the offence is alleged to have been committed shall be published in a written publication available to the public or be broadcast except as authorised by a direction given in pursuance of this section.<\/p>\n<p>(2) If, at any stage before the commencement of a trial of a person for an offence under this Act, the accused person or another person against whom the girl or woman concerned may be expected to give evidence at the trial applies to a judge of the High Court or Circuit Court for a direction in pursuance of this subsection and satisfies the judge\u2014<\/p>\n<p>(a) that the direction is required for the purpose of inducing persons to come forward who are likely to be needed as witnesses at the trial, and<\/p>\n<p>(b) that the conduct of the applicant\u2019s defence at the trial is likely to be adversely affected if the direction is not given,<\/p>\n<p>the judge shall direct that subsection (1) shall not, by virtue of the charge alleging the offence, apply to such matter relating to that girl or woman as is specified in the direction.<\/p>\n<p>(3) If, at a trial of a person for an offence under this Act, the accused or another person who is also charged at the trial applies to the judge for a direction in pursuance of this subsection and satisfies the judge\u2014<\/p>\n<p>(a) that the direction is required for the purpose of inducing persons to come forward who are likely to be needed as witnesses at the trial,<\/p>\n<p>(b) that the conduct of the applicant\u2019s defence at the trial is likely to be adversely affected if the direction is not given, and<\/p>\n<p>(c) that there was good reason for the applicant\u2019s not having made an application under subsection (2) before the commencement of the trial,<\/p>\n<p>the judge shall direct that subsection (1) shall not, by virtue of the charge alleging the offence, apply to such matter relating to the girl or woman concerned as is specified in the direction.<\/p>\n<p>(4) If, at a trial for an offence under this Act, the judge is satisfied that the effect of subsection (1) is to impose a substantial and unreasonable restriction on the reporting of proceedings at the trial and that it is in the public interest to remove or relax the restriction, he or she shall direct that that subsection shall not apply to such matter relating to the girl or woman concerned as is specified in the direction; but a direction shall not be given in pursuance of this subsection by reason only of the outcome of the trial.<\/p>\n<p>(5) If a person who has been convicted of an offence and given notice of appeal against the conviction, or, on conviction on indictment, notice of an application for leave so to appeal, applies to the appellate court for a direction in pursuance of this subsection and satisfies the court\u2014<\/p>\n<p>(a) that the direction is required for the purpose of obtaining evidence in support of the appeal, and<\/p>\n<p>(b) that the applicant is likely to suffer injustice if the direction is not given,<\/p>\n<p>the court shall direct that subsection (1) shall not apply to such matter relating to the girl or woman concerned and the offence as is specified in the direction.<\/p>\n<p>(6) If any matter is published or broadcast in contravention of subsection (1), the following persons, namely\u2014<\/p>\n<p>(a) in the case of a publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,<\/p>\n<p>(b) in the case of any other publication, the person who publishes it, and<\/p>\n<p>(c) in the case of a broadcast, any body corporate which transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<p>(7) In this section\u2014<\/p>\n<p>\u201cbroadcast\u201d means broadcast by wireless telegraphy of sound or visual images intended for general reception;<\/p>\n<p>\u201cwritten publication\u201d includes a film, a sound track and any other record in permanent form but does not include an indictment or other document prepared for use in particular legal proceedings.<\/p>\n<p>(8) Nothing in this section\u2014<\/p>\n<p>(a) prohibits the publication or broadcasting of matter consisting only of a report of legal proceedings other than proceedings at, or intended to lead to, or on an appeal arising out of, a trial at which the accused person is charged with an offence under this Act, or<\/p>\n<p>(b) affects any prohibition or restriction imposed by virtue of any other enactment upon a publication or broadcast.<\/p>\n<p>(9) A direction in pursuance of this section does not affect the operation of subsection (1) at any time before the direction is given.<\/p>\n<p>(10) If, after the commencement of a trial of a person for an offence under this Act, a new trial of the person for that offence is ordered, the commencement of any previous trial of that person for that offence shall be disregarded for the purposes of subsections (2) and (3).<\/p>\n<h4>Anonymity of accused person.<\/h4>\n<p>10.\u2014 (1) After a person is charged with an offence under this Act, no matter likely to lead members of the public to identify him or her as the person against whom the charge is made shall be published in a written publication available to the public or be broadcast except\u2014<\/p>\n<p>(a) as authorised by a direction given in pursuance of this section or by virtue of section 9(8)(a) as applied by subsection (6) of this section, or<\/p>\n<p>(b) after he or she has been convicted of the offence.<\/p>\n<p>(2) (a) If a person charged with an offence under this Act applies in that behalf to a judge of the High Court before the commencement of the trial or to the judge at the trial, the judge shall, subject to paragraph (b), direct that subsection (1) shall not apply to the person in relation to the charge.<\/p>\n<p>(b) The judge shall not give the direction if it appears to the judge that, if the direction were given, the publication of any matter in pursuance of the direction might enable members of the public to identify a girl or woman as the girl or woman in respect of whom the offence is alleged to have been committed, unless he or she is satisfied that a direction could properly be given in relation to that person in pursuance of section 9.<\/p>\n<p>(3) If, at any stage before the commencement of a trial of a person for an offence under this Act, another person who is to be charged with an offence under this Act at the trial applies to a judge of the High Court or Circuit Court for a direction in pursuance of this subsection and satisfies the judge\u2014<\/p>\n<p>(a) that the direction is required for the purpose of inducing persons to come forward who are likely to be needed as witnesses at the trial, and<\/p>\n<p>(b) that the conduct of the applicant\u2019s defence at the trial is likely to be adversely affected if the direction is not given,<\/p>\n<p>the judge shall direct that subsection (1) shall not, by virtue of the charge alleging the offence, apply to such matter relating to the first-mentioned person as is specified in the direction.<\/p>\n<p>(4) If, at a trial of a person for an offence under this Act, another person who is also charged at the trial applies to the judge for a direction in pursuance of this subsection and satisfies the judge\u2014<\/p>\n<p>(a) that the direction is required for the purpose of inducing persons to come forward who are likely to be needed as witnesses at the trial,<\/p>\n<p>(b) that the conduct of the applicant\u2019s defence is likely to be adversely affected if the direction is not given, and<\/p>\n<p>(c) that there was good reason for the applicant\u2019s not having made an application under subsection (3) before the commencement of the trial,<\/p>\n<p>the judge shall direct that subsection (1) shall not, by virtue of the charge alleging the offence, apply to such matter relating to the first-mentioned person as is specified in the direction.<\/p>\n<p>(5) If, at a trial at which a person is charged with an offence under this Act, the judge is satisfied that the effect of subsection (1) is to impose a substantial and unreasonable restriction on the reporting of proceedings at the trial and that it is in the public interest to remove or relax the restriction in respect of that person, the judge shall direct that subsection (1) shall not, by virtue of the charge alleging the offence, apply to such matter relating to that person as is specified in the direction.<\/p>\n<p>(6) Subsections (6) to (9) of section 9 shall have effect for the purposes of this section as if for references to that section there were substituted references to this section.<\/p>\n<p>(7) If, after the commencement of a trial of a person for an offence under this Act, a new trial of the person for that offence is ordered, the commencement of any previous trial of that person for that offence shall be disregarded for the purposes of subsections (2), (3) and (4).<\/p>\n<p>(8) If, at any time after a person is charged with an offence under this Act, the Director of Public Prosecutions applies in that behalf to a judge of the High Court, the judge, if he or she is satisfied that it is in the public interest to do so, shall direct that subsection (1) shall not apply to such matter relating to the person charged with the offence as is specified in the direction.<\/p>\n<h4>Punishment for offences under sections 9 and 10.<\/h4>\n<p>11.\u2014 (1) A person who is guilty of an offence under section 9(6) (including an offence under that section as applied by section 10(6)) is 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, and<\/p>\n<p>(b) on conviction on indictment to a fine not exceeding \u20ac10,000 or imprisonment for a term not exceeding 3 years or to both.<\/p>\n<p>(2) Where an offence referred to in subsection (1) has been committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was 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 a person purporting to act in that capacity, that person, as well as the body corporate, is guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.<\/p>\n<p>(3) Where the affairs of a body corporate are managed by its members, subsection (2) applies in relation to the acts and 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>Evidence in proceedings for offences outside State.<\/h4>\n<p>12.\u2014 (1) In any proceedings relating to an offence under section 4 in the circumstances referred to in subsection (1)(c) of that section\u2014<\/p>\n<p>(a) a certificate that is signed by an officer of the Minister for Foreign Affairs and Trade and stating that a passport was issued by that Minister of the Government to a person on a specified date, and<\/p>\n<p>(b) a certificate that is signed by an officer of the Minister for Justice and Equality and stating that, to the best of the officer\u2019s knowledge and belief, the person has not ceased to be a citizen of Ireland,<\/p>\n<p>shall be evidence that the person was a citizen of Ireland on the date on which the offence concerned is alleged to have been committed, unless the contrary is shown.<\/p>\n<p>(2) A document purporting to be a certificate under paragraph (a) or (b) of subsection (1) is deemed, unless the contrary is shown\u2014<\/p>\n<p>(a) to be such a certificate, and<\/p>\n<p>(b) to have been signed by the person purporting to have signed it.<\/p>\n<h4>Amendment of Criminal Justice Act 1993.<\/h4>\n<p>13.\u2014 Subsection (1) of section 5 (inserted by section 4 of the Criminal Procedure Act 2010) of the Criminal Justice Act 1993 is amended\u2014<\/p>\n<p>(a) in paragraph (c), by deleting \u201cand\u201d,<\/p>\n<p>(b) by inserting the following paragraph after paragraph (c):<\/p>\n<p>\u201c(ca) an offence under section 2, 3 or 4 of the Criminal Justice (Female Genital Mutilation) Act 2012, and\u201d,<\/p>\n<p>and<\/p>\n<p>(c) in paragraph (d), by substituting \u201cparagraph (a), (b), (c) or (ca)\u201d for \u201cparagraph (a), (b) or (c)\u201d.<\/p>\n<h4>Amendment of Bail Act 1997.<\/h4>\n<p>14.\u2014 The Schedule to the Bail Act 1997 is amended by inserting the following paragraph after paragraph 37 (inserted by section 13 of the Biological Weapons Act 2011):<\/p>\n<p>\u201cOffences relating to female genital mutilation<\/p>\n<p>38. An offence under section 2, 3 or 4 of the Criminal Justice (Female Genital Mutilation) Act 2012.\u201d.<\/p>\n<h4>Amendment of Children Act 2001.<\/h4>\n<p>15.\u2014 Schedule 1 to the Children Act 2001 is amended by inserting the following paragraph after paragraph 9:<\/p>\n<p>\u201c9A. An offence under section 2, 3 or 4 of the Criminal Justice (Female Genital Mutilation) Act 2012.\u201d.<\/p>\n<h4>Short title and commencement.<\/h4>\n<p>16.\u2014 (1) This Act may be cited as the Criminal Justice (Female Genital Mutilation) Act 2012.<\/p>\n<p>(2) This Act shall come into operation on such day or days as the Minister F4[for Health] 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>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F4<br \/>\nInserted (1.08.2012) by Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24\/2012), s. 9, S.I. No. 281 of 2012.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E4<br \/>\nPower pursuant to section exercised (20.09.2012) by Criminal Justice (Female Genital Mutilation) Act 2012 (Commencement) Order 2012 (S.I. No. 353 of 2012).<\/p>\n<p>2. The 20th day of September 2012 is appointed as the day on which the Criminal Justice (Female Genital Mutilation) Act 2012 (No. 11 of 2012) shall come into operation.<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-28159\" data-postid=\"28159\" class=\"themify_builder_content themify_builder_content-28159 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Criminal Offence The main purpose of the Criminal Justice (Female Genital Mutilation) Act 2012 is to prohibit female genital mutilation; along with providing for related offences \u2014 some of which apply to certain extra-territorial jurisdictions. The Act \u00a0criminalises the act of doing female genital mutilation; it also provides for the offence of attempting to do [&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\/28159"}],"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=28159"}],"version-history":[{"count":9,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/28159\/revisions"}],"predecessor-version":[{"id":33367,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/28159\/revisions\/33367"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=28159"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=28159"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=28159"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}