Non-Fatal Offences Against the Person Act 1997


Number 26 of 1997


NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997

REVISED

Updated to 10 February 2021


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 Harassment, Harmful Communications and Related Offences Act 2020 (32/2020), enacted 28 December 2020, and all statutory instruments up to and including the Harassment, Harmful Communications and Related Offences Act 2020 (Commencement) Order 2021 (S.I. No. 53 of 2021), made 9 February 2021, 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 10 February 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

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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

Harassment, Harmful Communications and Related Offences Act 2020 (32/2020)

Children First Act 2015 (36/2015)

Criminal Law (Defence and the Dwelling) Act 2011 (35/2011)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

Fines Act 2010 (8/2010)

Criminal Justice (Safety of United Nations Workers) Act 2000 (16/2000)

All Acts up to and including Harassment, Harmful Communications and Related Offences Act 2020 (32/2020), enacted 28 December 2020, 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 Harassment, Harmful Communications and Related Offences Act 2020 (Commencement) Order 2021 (S.I. No. 53 of 2021), made 9 February 2021, were considered in the preparation of this revision.


Number 26 of 1997


NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997

REVISED

Updated to 10 February 2021


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Assault.

3.

Assault causing harm.

4.

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.

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



Number 26 of 1997


NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997

REVISED

Updated to 10 February 2021


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

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

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);

(c) section 4 (assault causing serious 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:

E1

A number of Acts refer 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), s. 36

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

Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012), s. 2

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

Road Transport Act 2011 (31/2011), s. 4

Criminal Justice Act 2006 (26/2006), s. 101

Children Act 2001 (24/2001), ss. 251, 253-257