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

ARRANGEMENT OF SECTIONS

Section
1.	Commencement.
2.	Interpretation.
3.	Abolition of distinction between felony and misdemeanour.
4.	Arrest without warrant.
5.	Arrest on warrant or order of committal.
6.	Entry and search of premises to effect an arrest.
7.	Penalties for assisting offenders.
8.	Penalty for concealing offence.
9.	Trial of offences.
10.	Powers of dealing with offenders.
11.	Abolition of penal servitude, hard labour and prison divisions.
12.	Abolition of corporal punishment.
13.	Amendment of particular enactments.
14.	Amendment of Defence Act, 1954.
15.	Savings and other general provisions.
16.	Repeals.
17.	Short title.

FIRST SCHEDULE

Amendment of Particular Enactments

SECOND SCHEDULE

Amendment of Defence Act, 1954

THIRD SCHEDULE

Enactments Repealed

Acts Referred to
Accessories and Abettors Act, 1861	24 & 25 Vict., c.94
Carriers Act, 1830	11 Geo. 4 & 1 W. 4, c.68
Civil Rights of Convicts Act, 1828	9 Geo. 4, c. 32
Coinage Offences Act, 1861	24 & 25 Vict., c.99
County Dublin Grand Jury Act, 1844	7 & 8 Vict., c.106
Courts-Martial Appeals Act, 1983	1983, No. 19
Criminal Costs (Dublin) Act, 1815	55 Geo. 3, c.91
Criminal Evidence Act, 1710	9 Anne, c.6
Criminal Justice Act, 1951	1951, No. 2
Criminal Justice Act, 1960	1960, No. 27
Criminal Justice Act, 1990	1990, No. 16
Criminal Justice Administration Act, 1914	4 & 5 Geo. 5, c.58
Criminal Justice (Community Service) Act, 1983	1983, No. 23
Criminal Law Amendment Act, 1885	48 & 49 Vict., c. 69
Criminal Law Amendment Act, 1935	1935, No. 6
Criminal Law (Rape) (Amendment) Act, 1990	1990, No. 32
Criminal Law (Sexual Offences) Act, 1993	1993, No. 20
Criminal Law (Suicide) Act, 1993	1993, No. 11
Criminal Procedure Act, 1851	14 & 15 Vict., c.100
Criminal Procedure Act, 1865	28 & 29 Vict., c.18
Criminal Procedure Act, 1967	1967, No. 12
Debtors Act (Ireland), 1872	35 & 36 Vict., c.57
Defence Act, 1954	1954, No. 18
Defence Acts, 1954 to 1993
Electoral Act, 1992	1992, No. 23
Forcible Entry Act, 1786	26 Geo. 3, c.24
Forfeiture Act, 1870	33 & 34 Vict., c.23
Forgery Act, 1861	24 & 25 Vict., c.98
Forgery Act, 1913	3 & 4 Geo. 5, c.27
Garrotters Act, 1863	26 & 27 Vict., c.44
General Prisons (Ireland) Act, 1877	40 & 41 Vict., c.49
Grand Jury (Ireland) Act, 1836	6 & 7 Will. 4, c.116
Habeas Corpus Act, 1781	21 & 22 Geo. 3, c.11
Hard Labour Act, 1822	3 Geo. 4, c.114
Hard Labour (Ireland) Act, 1826	7 Geo. 4, c.9
Infant Felons Act, 1840	3 & 4 Vict., c.90
Larceny Act, 1861	24 & 25 Vict., c.96
Larceny Act, 1916	6 & 7 Geo. 5, c.50
Local Government Act, 1994	1994, No. 8
Malicious Damage Act, 1861	24 & 25 Vict., c.97
Merchant Shipping Act, 1894	57 & 58 Vict., c.60
Offences against the Person Act, 1861	24 & 25 Vict., c.100
Official Secrets Act, 1963	1963, No. 1
Penal Servitude Act, 1857	20 & 21 Vict., c. 3
Penal Servitude Act, 1864	27 & 28 Vict., c.47
Penal Servitude Act, 1891	54 & 55 Vict., c.69
Prevention of Corruption Act, 1906	6 Edw. 7, c.34
Prevention of Crime Act, 1879	42 & 43 Vict., c.55
Prevention of Crime Act, 1908	8 Edw. 7, c.59
Prevention of Crimes Act, 1871	34 & 35 Vict., c.112
Prevention of Crimes Amendment Act, 1876	39 & 40 Vict., c.23
Prevention of Offences Act, 1851	14 & 15 Vict., c.19
Prison Act, 1898	61 & 62 Vict., c.41
Prisons Acts, 1826 to 1980
Prisons (Ireland) Act, 1856	19 & 20 Vict., c.68
Prisons (Visiting Committees) Act, 1925	1925, No. 11
Public Bodies Corrupt Practices Act, 1889	52 & 53 Vict., c.69
Rescue Act, 1821	1 & 2 Geo. 4, c.88
Riot Act, 1787	27 Geo. 3, c.15
Slave Trade Act, 1824	5 Geo. 4, c.113
Slave Trade Act, 1843	6 & 7 Vict., c.98
South Australia Act, 1842	5 & 6 Vict., c.61
Statute of Limitations, 1957	1957, No. 6
Summary Jurisdiction Over Children (Ireland) Act, 1884	47 & 48 Vict., c.19
Sunday Observance Act, 1695	7 Will. 3, c.17
Town Police Clauses Act, 1847	10 & 11 Vict., c.89
Trials for Felony Act, 1836	6 & 7 Will. 4, c.114
Vagrancy Act, 1824	5 Geo. 4, c.83
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):

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.

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:

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.

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.

Revised Acts

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Criminal Law Act 1997