Non-Fatal Offences Against the Person Act 1997

Number 26 of 1997

NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997

REVISED

Updated to 2 September 2024

This Revised Act is an administrative consolidation of the Non-Fatal Offences Against the Person 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 Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024), enacted 23 July 2024, and all statutory instruments up to and including the Waste Management (Landfill Levy) (Amendment) Regulations 2024 (S.I. No. 442 of 2024), made 2 September 2024, 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 26 of 1997

NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997

REVISED

Updated to 2 September 2024

ARRANGEMENT OF SECTIONS

Section
1.	Interpretation.
2.	Assault.
3.	Assault causing harm.
3A.	Non-fatal strangulation or non-fatal suffocation.
4.	Causing serious harm.
4A.	Non-fatal strangulation or non-fatal suffocation causing serious harm.
5.	Threats to kill or cause serious harm.
6.	Syringe, etc., attacks.
7.	Offence of possession of syringe, etc., in certain circumstances and seizure thereof by member of Garda Síochána.
8.	Placing or abandoning syringe.
9.	Coercion.
10.	Harassment.
10A.	Prohibition on publication or broadcast of certain material.
11.	Demands for payment of debt causing alarm, etc.
12.	Poisoning.
13.	Endangerment.
14.	Endangering traffic.
15.	False imprisonment.
16.	Abduction of child by parent, etc.
17.	Abduction of child by other persons.
18.	Justifiable use of force; protection of person or property, prevention of crime, etc.
19.	Justifiable use of force in effecting or assisting lawful arrest.
20.	Meaning of “use of force” and related provisions.
21.	Amendment of section 6 of the Criminal Damage Act, 1991.
22.	General defences, etc.
23.	Consent by minor over 16 years to surgical, medical and dental treatment.
24.	Abolition of common law rule in respect of immunity of teachers from criminal liability for punishing pupils.
24A.	Abolition of defence of reasonable chastisement.
25.	Evidential value of certain certificates signed by medical practitioners.
26.	Amendment of Schedule to Criminal Law (Jurisdiction) Act, 1976.
27.	Amendment of First Schedule to Extradition (Amendment) Act, 1994.
28.	Abolition of common law offences of assault and battery, kidnapping and false imprisonment.
29.	Amendment of section 9 of Criminal Law Act, 1997.
30.	Amendment of Schedule to Bail Act, 1997.
31.	Repeals.
32.	Short title and commencement.

SCHEDULE

Enactments Repealed

Acts Referred to
Bail Act, 1997	1997, No. 16
Criminal Damage Act, 1991	1991, No. 31
Criminal Law Act, 1997	1997, No. 14
Criminal Law (Jurisdiction) Act, 1976	1976, No. 14
Extradition (Amendment) Act, 1994	1994, No. 6
Medical Practitioners Act, 1978	1978, No. 4

Number 26 of 1997

NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997

REVISED

Updated to 2 September 2024

AN ACT TO REVISE THE LAW RELATING TO THE MAIN NON-FATAL OFFENCES AGAINST THE PERSON AND TO PROVIDE FOR CONNECTED MATTERS. [19th May, 1997]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Application of Act extended (28.06.2000) by Criminal Justice (Safety of United Nations Workers) Act 2000 (16/2000), s. 2 and sch. 2, commenced on enactment.

Offences against United Nations workers.

2.—Where a person does outside the State an act to, or in relation to, a United Nations worker that, if done in the State, would constitute an offence specified in Part I of the Second Schedule, he or she shall be guilty of an offence and liable on conviction to the penalty to which he or she would have been liable if he or she had done the act in the State.

...

SECOND SCHEDULE

Section 2

PART I

...

Non-fatal offences

4. Any offence under the following provisions of the Non-Fatal Offences against the Person Act, 1997 —

(a) section 2 (assault);

(b) section 3 (assault causing harm);

(d) section 5 (threats to kill or cause serious harm);

(e) section 12 (poisoning);

(f) section 13 (endangerment);

(g) section 15 (false imprisonment).

...

Editorial Notes:

Some other legislation refers to offences under this Act as disqualifying or potentially disqualifying offences, or as otherwise meriting certain treatment. They include:

• Greyhound Racing Act 2019 (15/2019), ss. 9, 44

• Criminal Law (Extraterritorial Jurisdiction) Act 2019 (6/2019), s. 1

• Domestic Violence Act 2018 (6/2018), s. 40

• European Union (Passenger Name Record Data) Regulations 2018 (S.I. No. 177 of 2018)

• Criminal Justice (Victims of Crime) Act 2017 (28/2017), s. 2(1)

• Taxi Regulation Act 2013 (37/2013), ss. 10, 30, 31 and sch. part 2

• National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (47/2012), s. 14A and schs. 2, 3

• Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012), ss. 2, 3 and schs. 1, 2

• Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 12

• Road Transport Act 2011 (31/2011), s. 2

• Broadcasting Act 2009 (18/2009), s. 139A and sch. 3

• Criminal Justice Act 2007 (29/2007), ss. 25, 26 and sch. 2, s. 50

• Criminal Justice Act 2006 (26/2006), ss. 101 and sch. 3, s. 183

• Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 11 and sch. 6

• Children Act 2001 (24/2001), ss. 251, 253-257 and sch. 1

• Criminal Justice Act 1993 (6/1993), s. 5

• Electoral Act 1992 (23/1992), s. 15E(2)(b)

• Criminal Evidence Act 1992 (12/1992), s. 12

• Road Traffic Act 1968 (25/1968), s. 18A and sch. 2

Revised Acts

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Non-Fatal Offences Against the Person Act 1997