Criminal Law Act 1997
Number 14 of 1997
CRIMINAL LAW ACT 1997
REVISED
Updated to 31 December 2021
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 the Maritime Area Planning Act 2021 (50/2021), enacted 23 December 2021, and all statutory instruments up to and including the Health (Residential Support Services Maintenance and Accommodation Contributions) (Amendment) Regulations 2022 (S.I. No. 1 of 2022), made 2 January 2022, 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 31 December 2021
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Acts previously included in the group but now repealed are: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 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 Justice (Smuggling of Persons) Act 2021 (42/2021)
• 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 Maritime Area Planning Act 2021 (50/2021), enacted 23 December 2021, 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 Health (Residential Support Services Maintenance and Accommodation Contributions) (Amendment) Regulations 2022 (S.I. No. 1 of 2022), made 2 January 2022, were considered in the preparation of this revision.
Number 14 of 1997
CRIMINAL LAW ACT 1997
REVISED
Updated to 31 December 2021
ARRANGEMENT OF SECTIONS
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Section |
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Abolition of penal servitude, hard labour and prison divisions. |
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Amendment of Particular Enactments
Amendment of Defence Act, 1954
Enactments Repealed
|
Acts Referred to |
|
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Accessories and Abettors Act, 1861 |
24 & 25 Vict., c.94 |
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Carriers Act, 1830 |
11 Geo. 4 & 1 W. 4, c.68 |
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Civil Rights of Convicts Act, 1828 |
9 Geo. 4, c. 32 |
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Coinage Offences Act, 1861 |
24 & 25 Vict., c.99 |
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County Dublin Grand Jury Act, 1844 |
7 & 8 Vict., c.106 |
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1983, No. 19 |
|
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Criminal Costs (Dublin) Act, 1815 |
55 Geo. 3, c.91 |
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Criminal Evidence Act, 1710 |
9 Anne, c.6 |
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1951, No. 2 |
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1960, No. 27 |
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1990, No. 16 |
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Criminal Justice Administration Act, 1914 |
4 & 5 Geo. 5, c.58 |
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1983, No. 23 |
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Criminal Law Amendment Act, 1885 |
48 & 49 Vict., c. 69 |
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1935, No. 6 |
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1990, No. 32 |
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1993, No. 20 |
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1993, No. 11 |
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Criminal Procedure Act, 1851 |
14 & 15 Vict., c.100 |
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Criminal Procedure Act, 1865 |
28 & 29 Vict., c.18 |
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1967, No. 12 |
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Debtors Act (Ireland), 1872 |
35 & 36 Vict., c.57 |
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1954, No. 18 |
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Defence Acts, 1954 to 1993 |
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1992, No. 23 |
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Forcible Entry Act, 1786 |
26 Geo. 3, c.24 |
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Forfeiture Act, 1870 |
33 & 34 Vict., c.23 |
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Forgery Act, 1861 |
24 & 25 Vict., c.98 |
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Forgery Act, 1913 |
3 & 4 Geo. 5, c.27 |
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Garrotters Act, 1863 |
26 & 27 Vict., c.44 |
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General Prisons (Ireland) Act, 1877 |
40 & 41 Vict., c.49 |
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Grand Jury (Ireland) Act, 1836 |
6 & 7 Will. 4, c.116 |
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Habeas Corpus Act, 1781 |
21 & 22 Geo. 3, c.11 |
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Hard Labour Act, 1822 |
3 Geo. 4, c.114 |
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Hard Labour (Ireland) Act, 1826 |
7 Geo. 4, c.9 |
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Infant Felons Act, 1840 |
3 & 4 Vict., c.90 |
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Larceny Act, 1861 |
24 & 25 Vict., c.96 |
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Larceny Act, 1916 |
6 & 7 Geo. 5, c.50 |
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1994, No. 8 |
|
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Malicious Damage Act, 1861 |
24 & 25 Vict., c.97 |
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Merchant Shipping Act, 1894 |
57 & 58 Vict., c.60 |
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Offences against the Person Act, 1861 |
24 & 25 Vict., c.100 |
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1963, No. 1 |
|
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Penal Servitude Act, 1857 |
20 & 21 Vict., c. 3 |
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Penal Servitude Act, 1864 |
27 & 28 Vict., c.47 |
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Penal Servitude Act, 1891 |
54 & 55 Vict., c.69 |
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Prevention of Corruption Act, 1906 |
6 Edw. 7, c.34 |
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Prevention of Crime Act, 1879 |
42 & 43 Vict., c.55 |
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Prevention of Crime Act, 1908 |
8 Edw. 7, c.59 |
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Prevention of Crimes Act, 1871 |
34 & 35 Vict., c.112 |
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Prevention of Crimes Amendment Act, 1876 |
39 & 40 Vict., c.23 |
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Prevention of Offences Act, 1851 |
14 & 15 Vict., c.19 |
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Prison Act, 1898 |
61 & 62 Vict., c.41 |
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Prisons Acts, 1826 to 1980 |
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Prisons (Ireland) Act, 1856 |
19 & 20 Vict., c.68 |
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1925, No. 11 |
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Public Bodies Corrupt Practices Act, 1889 |
52 & 53 Vict., c.69 |
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Rescue Act, 1821 |
1 & 2 Geo. 4, c.88 |
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Riot Act, 1787 |
27 Geo. 3, c.15 |
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Slave Trade Act, 1824 |
5 Geo. 4, c.113 |
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Slave Trade Act, 1843 |
6 & 7 Vict., c.98 |
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South Australia Act, 1842 |
5 & 6 Vict., c.61 |
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1957, No. 6 |
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Summary Jurisdiction Over Children (Ireland) Act, 1884 |
47 & 48 Vict., c.19 |
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Sunday Observance Act, 1695 |
7 Will. 3, c.17 |
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Town Police Clauses Act, 1847 |
10 & 11 Vict., c.89 |
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Trials for Felony Act, 1836 |
6 & 7 Will. 4, c.114 |
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Vagrancy Act, 1824 |
5 Geo. 4, c.83 |
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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 31 December 2021
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. [22nd 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.