Criminal Law Act 1997


Number 14 of 1997


CRIMINAL LAW ACT 1997

REVISED

Updated to 30 June 2016


This Revised Act is an administrative consolidation of the Criminal Law Act 1997. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), enacted 11 February 2016, and all statutory instruments up to and including European Union (Restrictive Measures concerning Libya) (No. 2) Regulations 2016 (S.I. No. 342 of 2016), made 30 June 2016, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 14 of 1997


CRIMINAL LAW ACT 1997

REVISED

Updated to 30 June 2016


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Defence Acts 1954 to 2015 : this Act is one of a group of Acts included in this collective citation ( Defence (Amendment) Act 2015, s. 4(2)), to be construed together as one ( Defence (Amendment) Act 2011, s. 12(2)). The Acts in the group are:

Defence Act 1954 (18/1954)

Defence (Amendment) (No. 2) Act 1960 (44/1960)

Defence (Amendment) Act 1979 (1/1979)

Defence (Amendment) (No. 2) Act 1979 (28/1979)

Defence (Amendment) Act 1987 (8/1987)

Defence (Amendment) Act 1990 (6/1990)

Criminal Law Act 1997 (14/1997), s. 14 and sch. 2

Defence (Amendment) Act 1998 (31/1998)

Defence (Amendment) Act 2006 (20/2006)

Defence (Amendment) Act 2007 (24/2007)

Defence (Amendment) Act 2011 (17/2011)

Defence (Amendment) Act 2015 (24/2015) (citation only)

Acts previously included in the group but now repealed are:

Defence (Amendment) Act 1993 (18/1993)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1987, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Merchant Shipping (Registration of Ships) Act 2014 (43/2014)

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (6/2010)

Criminal Justice (Amendment) Act 2010 (32/2009)

Defence (Amendment) Act 2007 (24/2007)

Criminal Justice Act 2006 (26/2006)

Children Act 2001 (24/2001)

Non-Fatal Offences Against the Person Act 1997 (26/1997)

Courts-Martial Appeals Act 1983 (19/1983)

Defence (Amendment) (No. 2) Act 1979 (28/1979)

All Acts up to and including Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), enacted 11 February 2016, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

None.

All statutory instruments up to and including European Union (Restrictive Measures concerning Libya) (No. 2) Regulations 2016 (S.I. No. 342 of 2016), made 30 June 2016, were considered in the preparation of this revision.


Number 14 of 1997


CRIMINAL LAW ACT 1997

REVISED

Updated to 30 June 2016


ARRANGEMENT OF SECTIONS


Acts Referred to

Accessories and Abettors Act, 1861

24 & 25 Vict., c.94

Carriers Act, 1830

11 Geo. 4 & 1 W. 4, c.68

Civil Rights of Convicts Act, 1828

9 Geo. 4, c. 32

Coinage Offences Act, 1861

24 & 25 Vict., c.99

County Dublin Grand Jury Act, 1844

7 & 8 Vict., c.106

Courts-Martial Appeals Act, 1983

1983, No. 19

Criminal Costs (Dublin) Act, 1815

55 Geo. 3, c.91

Criminal Evidence Act, 1710

9 Anne, c.6

Criminal Justice Act, 1951

1951, No. 2

Criminal Justice Act, 1960

1960, No. 27

Criminal Justice Act, 1990

1990, No. 16

Criminal Justice Administration Act, 1914

4 & 5 Geo. 5, c.58

Criminal Justice (Community Service) Act, 1983

1983, No. 23

Criminal Law Amendment Act, 1885

48 & 49 Vict., c. 69

Criminal Law Amendment Act, 1935

1935, No. 6

Criminal Law (Rape) (Amendment) Act, 1990

1990, No. 32

Criminal Law (Sexual Offences) Act, 1993

1993, No. 20

Criminal Law (Suicide) Act, 1993

1993, No. 11

Criminal Procedure Act, 1851

14 & 15 Vict., c.100

Criminal Procedure Act, 1865

28 & 29 Vict., c.18

Criminal Procedure Act, 1967

1967, No. 12

Debtors Act (Ireland), 1872

35 & 36 Vict., c.57

Defence Act, 1954

1954, No. 18

Defence Acts, 1954 to 1993

Electoral Act, 1992

1992, No. 23

Forcible Entry Act, 1786

26 Geo. 3, c.24

Forfeiture Act, 1870

33 & 34 Vict., c.23

Forgery Act, 1861

24 & 25 Vict., c.98

Forgery Act, 1913

3 & 4 Geo. 5, c.27

Garrotters Act, 1863

26 & 27 Vict., c.44

General Prisons (Ireland) Act, 1877

40 & 41 Vict., c.49

Grand Jury (Ireland) Act, 1836

6 & 7 Will. 4, c.116

Habeas Corpus Act, 1781

21 & 22 Geo. 3, c.11

Hard Labour Act, 1822

3 Geo. 4, c.114

Hard Labour (Ireland) Act, 1826

7 Geo. 4, c.9

Infant Felons Act, 1840

3 & 4 Vict., c.90

Larceny Act, 1861

24 & 25 Vict., c.96

Larceny Act, 1916

6 & 7 Geo. 5, c.50

Local Government Act, 1994

1994, No. 8

Malicious Damage Act, 1861

24 & 25 Vict., c.97

Merchant Shipping Act, 1894

57 & 58 Vict., c.60

Offences against the Person Act, 1861

24 & 25 Vict., c.100

Official Secrets Act, 1963

1963, No. 1

Penal Servitude Act, 1857

20 & 21 Vict., c. 3

Penal Servitude Act, 1864

27 & 28 Vict., c.47

Penal Servitude Act, 1891

54 & 55 Vict., c.69

Prevention of Corruption Act, 1906

6 Edw. 7, c.34

Prevention of Crime Act, 1879

42 & 43 Vict., c.55

Prevention of Crime Act, 1908

8 Edw. 7, c.59

Prevention of Crimes Act, 1871

34 & 35 Vict., c.112

Prevention of Crimes Amendment Act, 1876

39 & 40 Vict., c.23

Prevention of Offences Act, 1851

14 & 15 Vict., c.19

Prison Act, 1898

61 & 62 Vict., c.41

Prisons Acts, 1826 to 1980

Prisons (Ireland) Act, 1856

19 & 20 Vict., c.68

Prisons (Visiting Committees) Act, 1925

1925, No. 11

Public Bodies Corrupt Practices Act, 1889

52 & 53 Vict., c.69

Rescue Act, 1821

1 & 2 Geo. 4, c.88

Riot Act, 1787

27 Geo. 3, c.15

Slave Trade Act, 1824

5 Geo. 4, c.113

Slave Trade Act, 1843

6 & 7 Vict., c.98

South Australia Act, 1842

5 & 6 Vict., c.61

Statute of Limitations, 1957

1957, No. 6

Summary Jurisdiction Over Children (Ireland) Act, 1884

47 & 48 Vict., c.19

Sunday Observance Act, 1695

7 Will. 3, c.17

Town Police Clauses Act, 1847

10 & 11 Vict., c.89

Trials for Felony Act, 1836

6 & 7 Will. 4, c.114

Vagrancy Act, 1824

5 Geo. 4, c.83

Whipping Act, 1820

1 Geo. 4, c.57

Whipping Act, 1862

25 & 26 Vict., c. 18


Number 14 of 1997


CRIMINAL LAW ACT 1997

REVISED

Updated to 30 June 2016


AN ACT TO ABOLISH ALL DISTINCTIONS BETWEEN FELONY AND MISDEMEANOUR AND TO AMEND AND SIMPLIFY THE LAW IN RESPECT OF MATTERS ARISING FROM OR RELATED TO ANY SUCH DISTINCTION, TO ABOLISH PENAL SERVITUDE, HARD LABOUR, PRISON DIVISIONS AND CORPORAL PUNISHMENT, AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [22 nd April, 1997]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

References to “judge-advocate” in collectively cited Defence Acts 1954 to 2007 construed (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 5, S.I. No. 254 of 2008.

References to judge advocate in certain Acts and instruments.

5.— Every reference in the Defence Acts 1954 to 2007 or in any instrument made under those Acts to a judge-advocate shall be read as a reference to a military judge.

C2

Application of collectively cited Defence Acts 1954 to 1979 extended and references construed (23.01.1980) by Defence (Amendment) (No. 2) Act 1979 (28/1979), s. 2, S.I. No. 19 of 1980.

Application of Defence Acts, 1954 to 1979, to women.

2.—The provisions of the Defence Acts, 1954 to 1979, and of any statutory instruments made thereunder shall apply to women members of the Defence Forces holding commissioned or non-commissioned rank and accordingly all words in those Acts and those instruments importing a reference to persons of the male sex shall be construed as importing a reference to persons of either sex.

Editorial Notes:

E1

Persons under 18 years of age subject to military law under collectively cited Defence Acts 1954 to 1998 not to be regarded as children (1.05.2002) for the purposes of Children Act 2001 (24/2001), s. 271, S.I. No. 151 of 2002.

E2

Convictions or sentences substituted on appeal deemed for purposes of collectively cited Defence Acts 1954 to 1979 to be duly confirmed finding or sentence of court-martial (29.06.1983) by Courts-Martial Appeals Act 1983 (19/1983), s. 20(1), commenced on enactment.