Criminal Damage Act 1991

Interpretation.

1

1. (1) In this Act—

compensation order” has the meaning assigned to it by section 9 (1) ;

to damage” includes—

( a) in relation to property F1 [ ], to destroy, deface, dismantle or, whether temporarily or otherwise, render inoperable or unfit for use or prevent or impair the operation of,

( b) F1 [ ]

(c) to do any act within the State that damages property outside the State,

(d) to do any act outside the State that damages property within the State, and

(e) to make an omission causing damage,

and cognate words shall be construed accordingly;

F1 [ ]

property” means—

( a) property of a tangible nature, whether real or personal, including money and animals that are capable of being stolen, and

( b) F1 [ ]

(2) Property shall be treated for the purposes of this Act as belonging to any person—

( a) having lawful custody or control of it,

( b) having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest), or

( c) having a charge over it.

(3) Where, as respects an offence under section 2 , 3 (a) or 4 (a)

( a) the property concerned is a family home within the meaning of the Family Home Protection Act, 1976, F2 [ or a dwelling, within the meaning of section 2 (2) of the Family Home Protection Act, 1976 , as amended by section 54 (1) ( a ) of the Family Law Act, 1995 , in which a person, who is a party to a marriage that has been dissolved under the Family Law (Divorce) Act, 1996, or under the law of a country or jurisdiction other than the State, being a divorce that is entitled to be recognised as valid in the State, ordinarily resided with his or her former spouse, before the dissolution ] and

( b) the person charged—

F3 [ (i) is the spouse of a person who resides, or is entitled to reside, in the home or is a party to a marriage that has been dissolved under the Family Law (Divorce) Act, 1996, or under the law of a country or jurisdiction other than the State, being a divorce that is entitled to be recognised as valid in the State, and ]

F4 [ (ii) is the subject of a safety order, protection order, interim barring order or barring order made under the Domestic Violence Act 2018, or treated under section 41 of that Act as if that order was made under that Act, or is excluded from the home pursuant to any other order of the court, ]

sections 2 , 3 ( a) and 4 ( a) shall have effect as if the references therein to any property belonging to another, however expressed, were references to the home.

F5 [ (3A) A reference to any property belonging to another, however expressed, shall be construed as a reference to a shared home as respects an offence under section 2 , 3(a) or 4(a) if

(a) the property is either a shared home or a dwelling, within the meaning of section 27 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, in which a person who was a civil partner in a civil partnership that has been dissolved under that Act ordinarily resided with his or her former civil partner before the dissolution, and

(b) the person charged

(i) is the civil partner, or was the civil partner until the dissolution of their civil partnership, of a person who resides, or is entitled to reside, in the home, and

F4 [ (ii) is the subject of a safety order, protection order, interim barring order or barring order made under the Domestic Violence Act 2018, or treated under section 41 of that Act as if that order was made under that Act, or is excluded from the home pursuant to any other order of the court. ] ]

(4) Where property is subject to a trust, the persons to whom the property belongs shall be treated for the purposes of this Act as including any person having a right to enforce the trust.

(5) Property of a corporation sole shall be treated for the purposes of this Act as belonging to the corporation notwithstanding a vacancy in it.

(6) In this Act—

( a) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act,

( b) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,

( c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

Annotations:

Amendments:

F1

Deleted (12.06.2017) by Criminal Justice (Offences Relating to Information Systems) Act 2017 (11/2017), s. 13(a), S.I. No. 249 of 2017.

F2

Inserted (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 48(a), commenced as per s. 1(2).

F3

Substituted (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 48(b), commenced as per s. 1(2).

F4

Substituted (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 43(a), (b), S.I. No. 532 of 2018.

F5

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 101, S.I. No. 648 of 2010.