Punishment Of Incest Act 1908
(8 Edw. 7) c. 45
PUNISHMENT OF INCEST ACT 1908
REVISED
Updated to 24 February 2023
This Revised Act is an administrative consolidation of the Punishment of Incest Act 1908. 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 the Oil Emergency Contingency and Transfer of Renewable Transport Fuels Functions Act 2023 (2/2023), enacted 24 February 2023, and all statutory instruments up to and including the Housing Loans (Amendment) Regulations 2023 (S.I. No. 76 of 2023), made 24 February 2023, 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.
(8 Edw. 7) c. 45
PUNISHMENT OF INCEST ACT 1908
REVISED
Updated to 24 February 2023
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
This Act is not collectively cited with any other Act.
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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1972, 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
• Criminal Law (Sexual Offences)(Amendment) Act 2019 (4/2019)
• Criminal Law (Sexual Offences) Act 2017 (2/2017)
• Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012)
• Criminal Procedure Act 2010 (27/2010)
• Children Act 2001 (24/2001)
• Sex Offenders Act 2001 (18/2001)
• Bail Act 1997 (16/1997)
• Criminal Justice (Miscellaneous Provisions) Act 1997 (4/1997)
• Criminal Law (Incest Proceedings) Act 1995 (12/1995)
• Civil Legal Aid Act 1995 (32/1995)
• Criminal Justice Act 1993 (6/1993)
• Criminal Law Amendment Act 1935 (6/1935)
All Acts up to and including Oil Emergency Contingency and Transfer of Renewable Transport Fuels Functions Act 2023 (2/2023), enacted 24 February 2023, were considered in the preparation of this revision.
Statutory instruments, orders and regulations which affect or previously affected this revision
None
All statutory instruments up to and including Housing Loans (Amendment) Regulations 2023 (S.I. No. 76 of 2023), made 24 February 2023, were considered in the preparation of this revision.
(8 Edw. 7) c. 45
PUNISHMENT OF INCEST ACT 1908
REVISED
Updated to 24 February 2023
ARRANGEMENT OF SECTIONS
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Section |
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Incest by males. |
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Incest by females of or over sixteen. |
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Test of relationship. |
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Prosecution of offences. |
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Proceedings to be held in camera. (Repealed) |
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Sanction of Attorney-General. |
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Extent. |
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Short title and commencement. |
(8 Edw. 7) c. 45
PUNISHMENT OF INCEST ACT 1908
REVISED
Updated to 24 February 2023
PUNISHMENT OF INCEST ACT 1908
CHAPTER XLV.
An Act to provide for the punishment of Incest. [21st December 1908.]
Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Annotations:
Editorial Notes:
E1
Provision made for exclusion of public from hearings of proceedings under Act (2.09.2019) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 29, S.I. No. 434 of 2019.
E2
Provision made for anonymity for accused and person to whom offence relates (2.09.2019) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 30, S.I. No. 434 of 2019.
E3
Special provisions made in relation to child victims of offences under Act (1.05.2002) by Children Act 2001 (24/2001), ss. 251-257 and sch. 1 item 3, S.I. No. 151 of 2002, art. 2(q).
E4
Previous affecting provision: provision made for exclusion of public from hearings of proceedings under Act (5.07.1995) by Criminal Law (Incest Proceedings) Act 1995 (12/1995), s. 2, commenced on enactment; repealed (2.09.2019) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 29, S.I. No. 434 of 2019.
E5
Previous affecting provision: provision for anonymity for accused and person to whom offence relates made (5.07.1995) by Criminal Law (Incest Proceedings) Act 1995 (12/1995), s. 3, commenced on enactment; repealed (2.09.2019) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 32, S.I. No. 434 of 2019.