Criminal Damage Act 1991
Proceedings.
7.—(1) Proceedings for an F13[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 F14[authorised it].
(c) F15[…]
F16[(2A) In this section, references to an offence under section 2 shall include references to such an offence when committed aggravated by hatred for the purposes of section 2A.]
(3) F17[…]
Annotations
Amendments:
F13
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.
F14
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.
F15
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.
F16
Inserted (31.12.2024) by Criminal Justice (Hate Offences) Act 2024 (41/2024), s. 5(d), S.I. No. 730 of 2024.
F17
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.