Criminal Justice (Female Genital Mutilation) Act 2012

2.

Offences of female genital mutilation, etc.

2.— (1) A person is guilty of an offence if the person does or attempts to do an act of female genital mutilation.

(2) A person is not guilty of an offence under subsection (1) if—

( 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,

( 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,

( c) the person is the girl or woman on whom the act of female genital mutilation is done, or

( 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.

(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.

Annotations:

Editorial Notes:

E1

Offence 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.