Criminal Damage Act 1991

Proceedings.

7

7. (1) Proceedings for an F9 [ offence under section 2 alleged to have been committed by a person outside the State in relation to property situate within the State ] may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the State.

(2) ( a) Where a person is charged with an offence under section 2 , 3 or 4 in relation to property belonging to another—

(i) it shall not be necessary to name the person to whom the property belongs, and

(ii) it shall be presumed, until the contrary is shown, that the property belongs to another.

( b) Where a person is charged with an offence under section 2 in relation to such property as aforesaid, it shall also be presumed, until the contrary is shown, that the person entitled to consent to or authorise the damage concerned had not consented to or F10 [ authorised it ].

( c) F11 [ ]

(3) F12 [ ]

Annotations:

Amendments:

F9

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

F10

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

F11

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

F12

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