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Contents of Criminal Law in Ireland

Under Construction

Chapter 1

Overview of the Criminal Law


Purpose of criminal law [01.04]

Sources of criminal law [01.09]

Common law [01.10]

Abolition of distinctions [01.19]

Offences at common law [01.21]

Parliaments of Ireland [01.23]

Continuance of existing law [01.25]

Law reform [01.31]

Codification [01.33]

India [01.36]

Canada [01.37]

New Zealand [01.38]

Australia [01.39]

Codification in Ireland [01.41]


Chapter 2

Convention for the Protection of Human Rights and Fundamental Freedoms


Convention and domestic law [02.06]

The 2003 Act [02.08]

The Convention [02.33]

Protocol No. 4 [02.52]

Protocol No. 6 [02.53]

Protocol No. 7 [02.54]


Chapter 3

Europe and the criminal law


The Treaties [03.02]

The Constitution Article 29.4 [03.03]

European Communities Act 1972 [03.04]

Criminal competence [03.08]

The European Union [03.14]

Council of Europe [03.16]

Europol [03.19]

Judicial Cooperation [03.20]

Eurojust [03.21]

Corpus Juris [03.25]

Proposals in Reform Treaty [03.26]

Approximation of criminal laws [03.26]


Chapter 4

Courts of Criminal Jurisdiction


The Courts Service [04.03]

Territorial jurisdiction [04.09]

Extra-territorial jurisdiction [04.28]

The District Court [04.50]

Summary trial of indictable offences [04.55]

Children Court [04.61]

The Circuit (Criminal) Court [04.65]

The Central Criminal Court [04.70]

Court of Criminal Appeal [04.75]

The Supreme Court [04.78]

The Special Criminal Court [04.81]

Military tribunals [04.102]

Court-martials [04.103]

The Courts-Martial Appeal Court [04.113]


Chapter 5

Arrest, Detention, and Sending Forward


Constitution Article 40.4.1 [05.02]

Arrest [05.03]

Arrest and Detainer [05.05]

Arrest warrant [05.06]

Criminal Law Act 1997

Arrestable offence [05.07]

Power of arrest [05.09]

Arrrst on warrant or committal [05.11]

Entry and search of premises to [05.12]

Criminal Justice Act 1951

Proceedings on arrest [05.13]

Criminal Justice Act 1984

Detention after arrest [05.16]

Powers of Garda [05.17]

Rearrest on application [05.19]

Electronic recording [05.20]

Taking of fingerprints, etc. [05.23]

Electronic recording of fingerprints [05.24]

Arrest and detention of prisoners [05.25]

Criminal Justice Act 2007

Powers of detention [05.26]

Rearrest on authority [05.27]

Application of Act of 1984 [05.28]

Copy of recording to be given [05.29]

Admission in evidence [05.30]

Criminal Procedure Act, 1967 1A [05.33]

District Court Rules - Order 24 [05.51]


Chapter 6

The Indictment


Criminal Justice (Administration) Act, 1924 [06.03]

The Indictment Rules, 1924 [06.12]

Director of Public Prosecutions [06.27]

Guidelines for Prosecutors [06.33]



Chapter 7

Bail


Constitution Article 40.4 [07.05]

Criminal Procedure Act 1967, Part III [07.13]

Children Act 2001 [07.23]

Bail Act, 1997 [07.24]

Courts of Justice Act 1924 [07.42]

Schedule to Bail Act 1997 [07.45]


Chapter 8

Arraignment


Plea of “guilty” [08.07]

Stand Mute [08.09]

Motion to quash [08.12]

Demurrer [08.14]

Plea Autrefois Acquit or

Autrefois Convict [08.15]

Plea of “not guilty” [08.21]

Nolle prosequi [08.22]


Chapter 9

Juries


Constitution Article 38.5 [09.02]

Juries Act, 1976 [09.06]

Qualification and liability for service [09.06]

Ineligibility [09.07]

Disqualification [09.08]

Excusal from service [09.09]

Summoning of jurors [09.10]

Selection of jury from panel [09.11]

Inspection of jury panel [09.12]

Mode of swearing a jury [09.13]

Administration of oath to jurors [09.14]

Forms of oaths to be taken by jurors [09.15]

Challenges without cause shown [09.16]

Challenges for cause shown [09.17]

View by jury [09.18]

Death or discharge of juror [09.19]

Discontinuance of juror’s service [09.20]

Separation of jurors during trial [09.21]



Chapter 10

Trial


Constitution Article 38 [10.01]

Right to a fair trial [10.04]

Delay [10.06]

Article 6 of European Convention [10.08]

Number of trials [10.09]

Minor offences [10.10]

Presumption of Innocence [10.18]

Burden and standard of proof [10.22]

Summary of trial process [10.28]

Criminal Justice Act, 1984 [10.35]

Criminal Justice Act, 1999 [10.47]

Criminal Justice Act, 2006 [10.48]


Chapter 11

Sentencing


Criminal Justice Act, 1951 [11.08]

Criminal Law Act, 1976 [11.10]

Family Law (Protection of Spouses and Children) Act, 1981 [11.11]

Criminal Justice Act, 1984 [11.12]

Criminal Justice Act, 1993 [11.13]

Criminal Justice Act, 1999 [11.15]

Criminal Justice Act, 2006 [11.16]

Criminal Justice Act, 2007 [11.30]

Schedule 2 [11.33]

Sentencing and sexual assault [11.34]

Nature of rape [11.35]

Substantial immediate custodial sentence [11.36]

Factors in sentencing [11.39]

A plea of Guilty [11.41]

Views of victims [11.42]

General principles [11.45]


Chapter 12

Criminal Appeals


Appeals from the District Court [12.02]

against sentence only [12.03]

de novo to Circuit Court [12.04]

Case stated [12.08]

Consultative case stated [12.10]

Appeal to Court of Criminal Appeal [12.11]

Courts of Justice Act, 1924 [12.11]

Criminal Procedure Act, 1993 [12.12]

Criminal Justice Act, 2006 [12.14]

Appeal from Special Criminal Court [12.15]

Appeal to Supreme Court

Constitution Article 34.4.3 [12.16]

from Central Criminal Court [12.19]

from Court of Criminal Appeal [12.20]

Case stated by Circuit Court [12.21]

Reference by DPP [12.22]

on point of law [12.23]

Exceptions to double jeopardy [12.24]

Relevant offences [12.34]

With prejudice prosecution appeals [12.35]

Miscarriage of justice [12.42]

“newly discovered fact” [12.52]



Chapter 13

External or Physical Elements of an Offence


Act must be voluntary [13.04]

Omissions - liability for failing to act [13.09]

Parents and their children [13.12]

Voluntary assumption [13.13]

Holder of a public office [13.18]

Contract of employment [13.19]

Medical treatment [13.20]

Supervening fault [13.23]

State of affairs offences [13.24]

“result crimes” and “conduct crimes” [13.28]


Chapter 14

Mental or Fault or Internal Elements of an Offence


Necessity for mental element [14.01]

The term mens rea? [14.10]

Motive [14.13]

Intention [14.16]

Recklessness [14.26]

Maliciously [14.31]

Wilfully [14.33]

Dishonestly [14.35]

Knowledge [14.36]

Believing [14.41]

Negligence [14.41]

Doctrine of transferred malice [14.48]

Coincidence of external and mental elements [14.50]


Chapter 15

Strict Liability


Characteristics of strict liability [15.04]

Testing for strict liability [15.06]

Defences [15.14]

Irish courts and strict liability [15.17]

Intermediate range of offences [15.20]

Australian Model Criminal Code [15.21]


Chapter 16

Vicarious Liability


Nature of vicarious liability offences [16.06]

Master liability at common law [16.08]

Testing for vicarious liability [16.10]

Statutory exceptions [16.11]

Unauthorised persons [16.14]

The delegation principle [16.15]

Actual knowledge not required [16.19]

Delegation must be complete [16.21]

A defence of reasonableness [16.23]

A mental element [16.25]

Law Commission Draft Criminal Code Bill [16.26]


Chapter 17

Participation in Offences


Complicity at common law [17.04]

Compounding a felony [17.06]

Misprision of felony [17.07]

Principal or Perpetrator [17.12]

Innocent agency [17.13]

Doctrine of common design [17.17]

Secondary participation [17.20]

Principal acquitted? [17.21]

Joint enterprise and [17.24]

Incohate offences and [17.26]

Punishment of participants [17.27]

Penalties for assisting offenders [17.28]

Mental element of secondary parties [17.43]

Withdrawal or abandonment [17.50]

Summary offences [17.54]

Participation offences [17.55]

Impeding the apprehension [17.56]

Compounding an arrestable offence {17.70]


Chapter 18

Inchoate Offences


Attempt [18.04]

Statutory offences of attempt [18.08]

Mental element of attempt [18.13]

The act [18.18]

Territorial jurisdiction [18.24]

Impossibility [18.25]

Mistake as to the criminal law [18.27]

Law Reform Commission [18.28]

Conspiracy [18.29]

Statutory offences of conspiracy [18.30]

An agreement [18.35]

Two or more persons [18.38]

The unlawful act [18.43]

Mental element of conspiracy [18.49]

Law Reform Commission [18.51]

Incitement or Soliciting [18.52]

Statutory incitements [18.54]

Act of incitement or solicitation [18.57]

Communication of incitement [18.59]

Intent that incitement be acted upon [18.61]

Impossibility [18.62]

Law Reform Commission [18.65]


Chapter 19

Mental Disorder otherwise Insanity


Mental Health Act, 2001 [19.04]

“mental disorder” [19.05]

Criminal Law (Insanity) Act, 2006 [19.06]

Fitness to be tried [19.08]

Verdict of not guilty [19.19]

McNaughren Rules [19.20]

Question 1 [19.22]

Question 2 [19.24]

Question 3 [19.25]

Question 4 [19.27]

Question 5 [19.29]

Special verdict [19.34]


Chapter 20

Intoxication


Self-induced drunkenness [20.03]

Innocent or involuntary intoxication [20.05]

Negativing mental element [20.06]

“basic intent” and “special intent” [20.10]

DPP v. Beard [20.16]

Attorney-General and Gallagher [20.17]

DPP and Majeskie [20.18]

Voluntary intoxication

and manslaughter [20.21]

and mistake of fact [20.24]

Law Reform Commission [20.26]

Criminal Code of Canada [20.27]

Australian Model Criminal Code [20.28]

Model Penal Code [20.29]

Indian Penal Code [20.30]

Rome Statute of ICC [20.31]


Chapter 21

Mistake of Fact


Ignorance of law [21.02]

Mistake of fact [21.07]

A Constitutional right [21.12]

Honest belief [21.13]

Strict liability offences [21.15]

Australia Model Criminal Code [21.16]

Model Penal Code [21.17]

Criminal Code of Canada [21.18]

Indian Penal Code [21.19]


Chapter 22

Duress and Necessity


Duress per minas [22.03]

Onus of proof [22.08]

Nature of threat [22.10]

Murder and related offences [22.12]

Immediacy of threat [22.15]

Test of reasonableness [22.19]

Associating with criminals [22.22]

Australian Criminal Code Act 1995 [22.27]

Criminal Code of Canada [22.28]

Indian Penal Code [22.30]

Duress per necessitatem [22.31]

Justifiable harm [22.33]

Saving human life [22.36]

Marital coercion at common law [22.37]

Law Reform Commission [22.40]

Australian Criminal Code Act 1995 [22.41]

Model Penal Code [22.42]

Indian Penal Code [22.43]


Chapter 23

Murder


Murder [23.07]

Unlawfully [23.11]

Reasonable self-defence [23.15]

Killing of a burglar [23.24]

Use of lethal force by the State [23.29]

Kills [23.32]

Causation [23.33]

Factual causation [23.40]

Legal Causation [23.44]

“year and a day” Rule [23.51]

Another / The victim [23.54]

Mental element for murder [23.57]

Absence of body [23.64]

Abolition of death penalty [23.68]

Jurisdiction for Murder etc [23.72]

Attempted murder [23.77]

Conspiracy or Solicitation [23.79]

Draft Homicide Bill [23.81]

Murder to which section 3 applies [23.84]

Elements of the offence [23.91]


Chapter 24

Manslaughter and related offences


Provocation [24.04]

Subjective test [24.09]

Matter of fact for the jury [24.11]

Law Reform Commission proposal [24.14]

Excessive self-defence [24.15]

Diminished Responsibility [24.16]

An unlawful and dangerous act [24.22]

A criminal act [24.26]

Dangerous act [24.33]

Law Reform Commission proposal [24.39]

Gross negligence manslaughter [24.42]

People v Dunleavy [24.44]

Law Reform Commission proposals [24.45]

Use of corporate entity [24.47]

How duty arises [24.48]

Motor (or Vehicular) manslaughter [24.58]

European Convention [24.62]

Draft Homicide Bill [24.63]

Criminal Code of Canada [24.66]

“corporate manslaughter” [24.67]

Law reform in England and Wales [24.74]

Penalty for manslaughter [24.76]

Suicide [24.80]

Suicide pact [24.82]

“aids, abets, counsels or procures” [24.84]

Refusal of medical treatment [24.88]


Chapter 25

Infanticide and related offences


Infanticide [25.02]

Concealing the birth of a child [25.07]

Abortion [25.13]

Administering drugs to procure [25.14]

Procuring drugs to cause [25.21]

Right to life [25.27]

Attorney General v. X and Others [25.28]

Right to travel [25.29]

Information on abortion services [25.32]

Publications on abortion [25.34]


Chapter 26

Non-Fatal Offences against the Person


Assault type offences [26.04]

Assault [26.06]

Assault s.2(1)(a) [26.08]

meaning of force [26.14]

without consent [26.21]

Assault s. 2(1)(b) [26.27]

Assault causing harm [26.36]

Harm [26.39]

Causing serious harm [26.45]

Serious harm [26.49]

Threats to kill or cause serious harm [26.58]

Justifiable use of force [26.60]

Honestly held belief [26.62]

Protection of self or others [26.64]

Protection of property [26.67]

Crime or breach of peace [26.70]

Opportunity to retreat [26.79]

Coercion [26.84]

Harassment [26.88]

Demands causing alarm, etc [26.94]

Poisoning [26.95]

Endangerment [26.100]

Endangering traffic [26.104]

False imprisonment [26.110]

Offence to possess or control any article [26.120]


Chapter 27

Offensive Weapons and Syringe Offences


Offensive weapons [27.01]

Possession of knife or other article [27.03]

“flick-knife” [27.12]

Trespassing with a knife, etc. [27.13]

“weapon of offence” [27.15]

Production of article capable ... [27.18]

Power to prohibit manufacture, etc. [27.19]

Offensive Weapons Order, 1991 [27.23]

Syringe offences [27.28]

Injury or threat to do so [27.36]

Sprays blood etc. or threat to do so [27.37]

Offence in relation to third person [27.38]

Intentional injury [27.40]

Intentional spraying [27.41]

Possession of syringe or blood [27.45]

Failing to cooperate [27.48]

Placing or abandoning syringe [27.53]

Intentionally placing or abandoning [27.54]


Chapter 28

Firearms Offences


Firearms Act, 1925 [28.03]

Unlawful possession of firearm .... [28.20]

Restricted firearms and ammunition [28.28]

Prohibited firearms and ammunition [28.28]

Firearm certificates [28.29]

Practical or dynamic shooting [28.32]

Restrictions on manufacture and [28.33]

Reloading of ammunition [28.41]

With intent to endanger life [28.42]

Restriction on export or removal [28.53]

Restrictions on the import of firearms [28.54]

Firearms Act, 1964 [28.62]

Possession while taking vehicle [28.64]

Use to resist arrest or aid escape [28.74]

Possession suspicious circumstances [28.83]

Carrying firearms with intent [28.95]

Firearms and Offensive Weapons Act, 1990

Possession, sale, etc., of silencer [28.110]

Reckless discharge of firearm [28.111]

Realistic imitation firearms [28.111]

Shortening barrel of shotgun or rifle [28.112]

Withholding information [28.114]


Chapter 29

Explosive Offences


Explosives Act, 1875 [29.02]

Power to prohibit [29.04]

Fireworks [29.06]

Extension of definition [29.21]

Explosive Substances Act, 1883 [29.23]

Intent to cause explosion [29.26]

Possession under suspicious circumstances [29.27]

Punishment of accessories [29.31]

Explosive substance [29.35]



Chapter 30

Sexual Offences


“a rape offence” [30.04]

“a sexual assault offence” [30.05]

Rape [30.07]

Capacity to commit [30.15]

Carnal knowledge [30.16]

Consent [30.23]

Omission to offer resistance [30.25]

Personation of husband [30.30]

Reasonable grounds for belief [30.31]

Fraud [30.34]

Mental element of rape [30.38]

Attempted rape [30.41]

Sexual assault [30.44]

Aggravated sexual assault [30.53]

Rape under section 4 [30.56]

Buggery [30.58]

Restrictions on evidence at trials [30.63]

Legal representation of complainants [30.66]

Corroboration of evidence [30.69]

Alternative verdicts [30.73]

Trial by Central Criminal Court [30.74]

Summary jurisdiction [30.75]

Exclusion of the public [30.76]

Anonymity of complaints [30.77]

Anonymity of accused [30.78]

Publication of unauthorised matter [30.79]

Victim impact statement [30.80]

Mentally impaired persons [30.81]

Protection of [30.82]

Acts of gross indecency [30.83]

Soliciting or importuning [30.87]

Abuse of female lunatic [30.89]

Incest [30.91]

Incest by males [30.94]

Incest by females [30.96]

Sex Offenders Act, 2001 [30.103]

Offences for purposes of Act [30.106]

Schedule [30.107]

Persons subject to requirements [30.110]

Information for compliance [30.112]

Notification requirements [30.113]

Persons convicted outside State [30.120]

Certificate of conviction [30.121]

Sex offender orders [30.123]

Failure to inform employer [30.139] Imposition of sentence [30.147]


Chapter 31

Prostitution and related offences


Meaning of prostitution [31.05]

Criminal Law (Sexual Offences) Act, 1993

Soliciting or importuning [31.12]

Loitering for purposes of prostitution [31.14]

Organisation of prostitution [31.16]

Living on earnings of prostitution [31.17]

Brothel keeping [31.21]

Criminal Justice (Public Order) Act, 1994

Advertising of brothels / prostitution [31.24]

Licensing Act, 1872

Permitting premises to be a brothel [31.33]

Criminal Law Amendment Act, 1885

Procurement of women and girls [31.34]

Procuring defilement of woman [31.37]


Chapter 32

Children and the Criminal Law


Children Act, 2001 [32.01]

Restrictions on criminal proceedings [32.03]

Delivery of child to parent [32.08]

Dismissal of case against child [32.13]

Presumption / determination of age [32.14]

Offences relating to Children

Criminal Law Amendment Act, 1885

Defilement of Young Girl [32.16]

Criminal Law (Sexual Offences) Act, 1993

Buggery of persons under 17 years [32.17]

Gross indecency with males under 17 [32.18]

Soliciting or importuning a child [32.19]

Sexual Offences (Jurisdiction) Act, 1996

Sexual offences outside State [32.22]

Offence to make arrangement [32.30]

Offence to publish information [32.32]

Child Trafficking and Pornography Act, 1998

“child pornography” [32.36]

Trafficking a child [32.37]

Taking etc. a child [32.38]

Meeting child for sexual exploitation [32.40]

“sexual exploitation” [32.43]

“trafficks” [32.44]

Allowing child to be used for child pornography [32.45]

Producing, distributing, etc child pornography [32.46]

Possession of child pornography [32.47]

Criminal Law (Human Trafficking) Act 2008

“exploitation” [32.55]

“labour exploitation” [32.55

Trafficking of children [32.56]

Selling of children [32.57]

Criminal Law (Sexual Offences) Act 2006

“person in authority” [32.62]

“sexual act” [32.63]

Defilement of child under 15 years [32.66]

Defilement of child under 17 years [32.73

Non-Fatal Offences against the Person Act, 1997

Abduction of child by parent [32.88]

Abduction of child [32.94]

Children Act, 2001

Aiding, etc., child to commit offence [32.100]

Escape from lawful custody [32.101]

Helping child to escape [32.102]

Harbouring escaped child [32.103]

Unlawful entry or communication [32.104]

Bringing alcohol, etc. into schools [32.105]

Cruelty to children [32.108]

Begging [32.116]

Allowing child to be in brothel [32.120]

Causing etc. sexual offence [32.121]

Anonymity of child [32.126]

Presumption of age [32.128]

Schedule 1 of 2001 Act [32.129]

Safety of children at entertainment’s [32.130]

Criminal Justice Act 2006

Reckless endangerment of children [32.131]

Children’s Dangerous Performance Act, 1879

Employment of any child [32.132]

Dangerous Performances Act, 1897 [32.135]

Gaming and Lotteries Act, 1956 [32.137]

Pawnbrokers Act, 1964 [32.139]

Intoxicating Liquor Act, 1962 [32.141]

Intoxicating Liquor Act, 1988 [32.142

Sale or delivery to person under 18 [32.144]

Offences by persons under 18 years [32.150]

Restriction on presence in bars [32.151]

Being on licensed premises [32.153]

Temporary closure of premises [32.155]

Test purchasing [32.159]

Employment of persons under 18 [32.160]

Proof of age [32.161]

Age cards [32.162]

Forgery or alteration of age cards [32.163]

Passport Act 2008

Misuse of a passport [32.165]

Child Care Act, 1991

Sale of solvents [32.166]

Public Health (Tobacco) Act, 2002

Prohibition on sale [32.167]


Chapter 33

Theft Offences


“theft” [33.03]

“dishonestly” [33.08]

“appropriate” [33.17]

Trustees and appropriation [33.25]

“property” [33.26]

Without the consent of the owner [33.33]

Reasonable grounds for a belief [33.38]

“depriving” [33.40]

“owner” and “ownership” [33.42]

Liability of bodies [33.53]

Exceptions to theft

Transferred for value [33.55]

Land, or things forming part of land [33.56]

Plants growing wild [33.58]

Wild creatures [33.59]

Mechanically propelled vehicles

Taking without authority [33.62]

Using or taking possession [33.63]

Unlawful carriage [33.68]

Pedal cycle [33.70]

Unauthorised interference with [33.74]

Unlawful seizure of vehicles [33.79]

Electricity, Gas and Water

Dishonest use of electricity or gas [33.82]

Unlawful interference with articles [33.83]

Duty upon consumer [33.88]


Chapter 34

Deception Offences


Making gain or causing loss by [34.02]

Meaning of “gain” and “loss” [34.07]

Meaning of “deception” [34.10]

Obtaining services by deception [34.23]

“obtains services” [34.25]

Loans [34.29]

Making off without payment [34.33]

Conspiracy to defraud [34.54]

Companies Acts offences

Offences when in liquidation [34.59]

Fraud by officers of companies [34.60]

Fraudulent trading [34.61]

Statement to receiver [34.63]

Resignation of auditors [34.64]

Duty of auditors [34.65]

Prohibition of acting [34.66]

False statements to auditors [34.67]

Keeping of books of account [34.68]

Liability of officers [34.69]

Furnishing false information [34.70]

Destruction, mutilation, falsification of documents [34.72


Chapter 35

False Accounting and Suppression of Documents


False accounting [35.03]

“falsifies” [35.08]

“document” [35.14]

“record” [35.16]

Concealing facts disclosed by documents [35.25]

Presumption as to knowledge [35.26]

Reporting of offences

‘‘relevant person’’ [35.30]

Obligation to report [35.31]

Suppression of documents [35.35]


Chapter 36

Burglary and related offences


Burglary [36.03]

Section 12(1)(a) [36.04]

Section 12(1)(b) [36.05]

“enter” [36.06]

“building” [36.12]

“trespass” [36.18]

Mental element [36.24]

Aggravated burglary [36.32]

“at the time” [36.39]

Entering buildings, etc. with intent [36.43]

Trespass on building, etc. [36.44]

Directions of Garda Síochána [36.45]


Chapter 37

Robbery and related offences


Robbery [37.02]

“immediately before or at the time” [37.08]

“in order to” [37.10]

“force” or “fear” [37.13]

“on any person” [37.16]

Conspiracy to rob [37.20]

Unwarranted demand with menaces [37.24]

Menaces [37.34]

Possession of any article with intent [37.42]


Chapter 38

Handling Stolen Property and related offences


Handling stolen property [38.03]

Offences and modes [38.05]

Receiving [38.06]

Stolen property [38.21]

‘‘principal offender’’ [38.26]

Stealing outside the State [38.30]

Restoration of stolen property [38.34]

“otherwise than in the course of the stealing” [38.39]

Presumption of knowledge or recklessness [38.45]

Meaning of “reckless” [38.48]

Possession of monies [38.55]

Possession of stolen property [38.61]

Withholding information regarding stolen property [38.69]


Chapter 39

Forgery, Counterfeiting and related offences


Forgery [39.02]

“instrument” [39.03]

“false” [39.05]

“making” [39.12]

“prejudice” [39.13]

Forgery [39.16]

Using false instrument [39.21]

Copying false instrument [39.26]

Using copy of false instrument [39.29]

Custody / control of false instruments [39.32]

Forfeiture of seized property [39.40]

Counterfeiting [39.45]

“currency note” and “coin” [39.46]

“lawfully issued” [39.47]

“a counterfeit” [39.48]

“a thing” [39.49]

Making a counterfeit of [39.51]

Passing or tendering counterfeit [39.56]

Delivering counterfeit currency [39.60]

Custody or control with intent [39.63]

Custody or control of counterfeit [39.66]

Implements with intent [39.69]

Custody or control of implements [39.71]

Import and export of counterfeits [39.74]

Offences committed outside the State [39.77]

Measures to detect counterfeiting [39.78]

Obligations upon designated bodies [39.80]

Trade mark offences [39.87]

“trade marks” [39.88]

Registered trade mark [39.89]

Fraudulent application or use [39.90]

Possession with intent [39.91]

Falsification of entry in register [39.94]

Falsely representing trade mark [39.97]

Offences committed by partnership [39.100]

Offences relating to Copyright [39.102]

Making available infringing copy [39.106]

“loan” [39.107]

Article for making copies [39.108]

Protection defeating [39.109]

Public performance [39.110]

False claims of copyright [39.114]

Making available an illicit recording [39.115]

Article for making recordings [39.116]

False claims in performances [39.122]

False representation of authority [39.123]


Chapter 40

Criminal Damage to Property


Criminal damage [40.02]

“to damage” [40.04]

“property” [40.10]

“belonging to any person” [40.11]

“family home” [40.13]

“reckless” [40.16]

Without lawful excuse [40.18]

Damage to another’s property [40.26]

Damage to any property [40.28]

Damage with intent to defraud [40.31]

Arson [40.33]

Threat to damage property [40.38]

Possessing any thing with intent [40.41]

Malicious damage [40.48]

Maliciously obstructing railways [40.49]

Obstructing engines or carriages [40.50]

Injuries to telegraphs [40.51]

Attempt to injure such telegraphs [40.52]

Killing or maiming cattle [40.53]

Killing or maiming other animals [40.55]

Exhibiting false signals to shipping [40.56]

Removing or concealing buoys etc. [40.57]

Malicious injury to electric wires etc. [40.60]


Chapter 41

Unlawful Occupation of Land


Forcible entry [41.02]

Forcible entry [41.06]

Remaining in forcible occupation [41.07]

Encouragement and advocacy [41.08]

Proof of ownership of land [41.10]

Damage to property [41.11]

Entering and Occupying Land [41.15]

Entry on and occupation onto [41.19]

Refusing to give name and address [41.21]

Failure to comply with directions [41.22]

Obstruction etc. of Garda [41.25]


Chapter 42

Misuse of Computers


Convention on Cyber-Crime [42.01]

Framework Decision on Attacks [42.03]

Meaning of “computer” [42.05]

Criminal Damage Act, 1991 [42.10]

“to damage” and “data” [42.12]

“data” and” property” [42.13]

Computer belonging to another [42.19]

Computer with intent to defraud [42.20]

Possession of a computer to damage [42.21]

Unauthorised accessing of data [42.22]

Unlawful use of computers [42.29]

Electronic Commerce Act, 2000 [42.35]

Canada Criminal Code [42.36]


Chapter 43

Criminal Proceeds and related matters


Money laundering [43.03]

Presumption [43.08]

Criminal conduct outside the State [43.13]

Handling property [43.19]

Measures to prevent [43.21]

Designated bodies [43.22]

Identity of persons [43.24]

Retention [43.29]

Measures to prevent and detect [43.30]

Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009 [43.32]

Money gained [43.33]

Forfeiture of cash seized [43.36]

Disclosure of information [43.43]

Offences of prejudicing investigation [43.45]

Proceeds of Crime Act, 1996 [43.49]

“proceeds of crime” [43.51]

“property” [43.52]

“criminal conduct” [43.55]

Interim order [43.57]

Interlocutory order [43.58]

Disposal order [43.59]

Consent disposal order [43.60]

Ancillary orders etc. [43.61]

Criminal Assets Bureau [43.63]

“criminal conduct” [43.64]

Functions of Bureau [43.72]

Anonymity [43.74]

Identification [43.75]

Obstruction [43.76]

Intimidation [43.77]

Search warrants [43.78]

Order to make material available [43.79]

Disclosures prejudicial [43.81]

Property held in trust [43.82]

Assault on bureau officer [43.83]



Chapter 44

Criminal Organisations


E.U. Joint Action [44.02]

U.N. Convention [44.03]

“criminal organisation [44.04]

“structured group” [44.05]

“facilitation” [44.07]

“act” [44.08]

“serious offence” [44.09]

“ordinarily resident in the State [44.11]

Statutory conspiracy [44.12]

Directing a criminal organisation [44.17]

Evidential provisions [44.24]


Participation or contribution to [44.29]

Table [44.37]

Inferences that may be drawn [44.39]

Offence for criminal organisation [44.49]

Ordinary courts are inadequate [44.53]

Offences committed outside State [44.54]

Aggravating factor: serious offence [44.56]

Exclusion of evidence [44.57]

Evidence in proceedings under Part 7 [44.58]

Bodies corporate [44.59]

Double jeopardy [44.60]


Chapter 45

Public Order Offences


Offences relating to public order [45.02]

“dwelling” [45.02]

“private place” [45.03]

“public place” [45.04]

Intoxication in public places [45.05]

Disorderly conduct in public place [45.07]

“offensive conduct” [45.08]

Threatening, abusive or insulting [45.10]

Distribution or display of material [45.13]

Failure to comply with directions [45.15]

Power to direct persons [45.16]

Power of entry [45.17]

Wilful obstruction [45.18]

Riot [45.20]

Violent disorder [45.28]

Affray [45.33]

Assault with intent [45.38]

Assault etc. of peace officer [45.41]

Offences at common law

Breach of the peace [45.50]

Challenge to fight [45.53]

Public nuisance [45.54]

Crowd Control at Public Events [45.55]

Control of access [45.56]

Surrender and seizure [45.57]

Fixed charge offences [45.60]

Criminal Justice (Public Order) Act, 2003

Exclusion order [45.63]

Intoxicating Liquor Act, 2003, Part 2

Exclusion order [45.65]

Drunken persons [45.66]

Supply of intoxicating liquor to [45.67]

Offences by drunken persons [45.68]

Duty of licensee to preserve order [45.69]

Disorderly conduct [45.70]

Temporary closure of premises [45.71]

Anti-Social Behaviour [45.72]

Antisocial behaviour [45.75]

Behaviour warnings [45.77]

Civil orders [45.78]

Vagrancy Act, 1824

Idle and disorderly person [45.83]

A rogue and a vagabond [45.84]

Incorrigible Rogues [45.85]

Obstruction [45.86]

Dublin Police Act, 1842

Nuisances by persons in public [45.87]

Drunkards behaviour [45.88]

Using carriage without consent [45.89]

Prohibition of other nuisances [45.90]

Criminal Justice (Public Order)(Amendment) Bill 2008]

Offence of begging [45.91]



Chapter 46

Corruption Offences


Public Bodies Corrupt Practices Act, 1889

Corruptly solicit any gift etc. [46.03]

Corruptly give any gift etc. [46.05]

Prevention of Corruption Act, 1906 [46.16]

Corruptly accepts or obtains [46.16]

Corruptly gives or agrees to give [46.17]

Prevention of Corruption Act, 1916

Presumption of corruption [46.22]

Prevention of Corruption (Amendment) Act, 2001 [46.24]

Seizure of suspected bribe [46.25]

Forfeiture of bribe [46.26]

Failure to disclose political donations [46.28]

Presumption of corruption [46.31]

Corruption partially in State [46.35]

Corruption occurring outside State [46.36]

Corruption in office [46.37]

Corruption (Amendment) Bill 2008 [46.39]

European Communities’ financial interests

Convention and Protocols [46.46]

Fraud affecting [46.47]

Active corruption [46.50]

Passive corruption [46.52]

Outside the State [46.56]


Chapter 47

Customs and Trafficking Offences


Customs offences [47.01]

“Smuggling” [47.02]

Adaptation to land frontier [47.04]

Customs Act, 1956 [47.07]

Illegal importation of goods [47.09]

Forfeiture of goods [47.12]

Customs and Excise (Miscellaneous Provisions) Act, 1988 [47.15]

Seizure or detention of conveyance [47.16]

Detention of certain goods [47.17]

Burden of proof [47.19]

Customs Consolidation Act, 1876 [47.20]

Making false declarations etc. [47.20]

Goods unshipping [47.22]

Ships may be searched [47.24]

Persons may be searched [47.25]

Customs and Inland Revenue Act, 1881 [47.26]

Powers of search [47.26]

Offences [47.26]

Illegally importing [47.27]

Rescueing goods [47.28]

Assembling to run goods [47.30]

Procuring or hiring [47.31]

Signalling [47.33]

Burden of proof [47.35]

Shooting at boats [47.37]

Cutting adrift vessels [47.38]

Person escaping [47.41]

Offering goods for sale [47.42]

Forfeiture etc. [47.43]

Retention of goods [47.47]

Summons within 3 years [47.50]

Trafficking in illegal immigrants [47.51]

Trafficking in illegal immigrants [47.54]

Human Trafficking [47.64]

Trafficking of persons [47.70]

Soliciting or importuning for purposes of prostitution [47.78]

Anonymity of victims [47.82]


Chapter 48

Revenue Offences


“the Acts” [48.03]

Offences [48.06]

Penalties [48.07]

Concealing facts [48.14]

Presumption as to documents [48.16]

“return, statement or declaration” [48.18]

Information to juries [48.28]

Duties of relevant person [48.32]


Chapter 49

Misuse of Drugs Offences


Misuse of Drugs Act 1977 [49.04]

“controlled drug” [49.06]

“cannabis” and “cannabis resin” [49.07]

Regulations permitting possession [49.10]

Regulations to prevent misuse [49.11]

Directions prohibiting prescribing etc. [49.12]

Special directions etc. [49.13]

Possession of a controlled drug [49.15]

Restriction of possession [49.16]

Penalties for cannabis etc. [49.18]

Penalties in any other case [49.19]

Meaning of possession [47.22]

Knowledge as to nature of [49.31]

Presumption [49.35]

Possession for unlawful sale / supply [49.34]

Rebuttal of presumption [49.40]

Defence [49.46]

Market value over £10,000 [49.54]

Importation in excess of value [49.61]

Supply into prisons etc. [49.67]

Minimum period of 10 years [49.75]

Other drugs offences [49.88]

Opium [49.88]

Cultivation of opium etc. [49.92]

Forged or fraudulent prescriptions [49.96]

Occupiers permitting activities [49.98]

Acts outside the State [49.109]

Printing [49.111]

Attempts [49.113]

Contravening regulations [49.116]

Powers of Garda Síochána

Power to search persons, etc. [49.120]

Powers to inspect and demand [49.122]

Power of Arrest [49.123]

Search warrant [49.124]

Officers of Customs and Excise [49.127]

Criminal Justice Act, 1994 [49.137]

“drug trafficking” [49.138]

“drug trafficking offence [49.139]

Offences on Irish ships [49.140]

Ships used for drug trafficking [49.141]

Enforcement powers [49.142]

Jurisdiction and prosecutions [49.143]

Criminal Justice (Illicit Traffic by Sea) Act 2003

Immunity of foreign officials [49.145]

Criminal Justice (Drug Trafficking) Act, 1996 [49.147]

Power of detention under section 2 [49.150]

Remand for treatment [49.176]

Combating Drug Abuse [49.187]

Public Dance Halls Act, 1935 [49.188]

Licensing (Combating Drug Abuse) Act, 1997 [49.195]


Chapter 50

Road Traffic Offences


Road Traffic Act, 1961

“driving” [50.05]

“mechanically propelled vehicle” [50.07]

“park” [50.09]

“public place” [50.10]

“public road” [50.11]

“road” [50.12]

Driving offences

Prohibition on holding mobile phone [50.20]

Driving when unfit [50.26]

Without reasonable consideration [50.30]

Careless driving [50.33]

Dangerous driving [50.36]

Causing death etc. [50.40]

Injuring persons by furious driving [50.47]

Dangerously defective vehicle [50.49]

Driving offences while under the influence

Influence of an intoxicant [50.54]

Concentration of alcohol in the blood [50.56]

Concentration of alcohol in the urine [50.58]

Concentration of alcohol in the breath [50.60]

Being in charge while drunk [50.83]

Animal drawn vehicle or pedal cycle [50.86]

Mandatory alcohol testing [50.88]

Road Traffic Act 1994

Obligation to provide specimen [50.90]

Obligation to provide on arrest [50.98]

Obligation to provide in hospital [50.108]

Detention of intoxicated drivers [50.109]

Procedure following provision [50.110]

Taking of specimens [50.112]

Procedure at bureau [50.115]

Evidence in prosecutions [50.116]

Certain evidence in proceedings [50.117]

Costs of prosecutions [50.118]

Other road traffic offences

Driving without a driving licence [50.121]

Requirement to carry driving licence [50.123]

Speed [50.125]

Dangerous parking [50.128]

Compulsory insurance [50.130]

Obstruction of traffic [50.133]

Unauthorised holding on to vehicle [50.134]

Giving false particulars [50.136]

Motor tax

Excise duties on vehicles [50.140]

Licences to be exhibited [50.141]

National Car Test Disc [50.143]

Crash helmets [50.144]

Safety belts and Child restraints [50.148]

Other provisions of the Road Traffic Acts

General penalty [50.152]

Fixed charge offences [50.153]

Notice of offence [50.154]

Duties on occurrence of accident [50.155]

Duty to give information [50.156]

Obligation to stop [50.157]

Disqualification and Endorsement

Consequential disqualification [50.163]

Second Schedule [50.164]

Ancillary disqualification order [50.165]

Special disqualification orders [50.166]

Removal of disqualification [50.167]

Order for endorsement [50.169]

Learner permits [50.171]

Supply of vehicles to minor [50.174]

System of penalty points

Fixed charge and drink driving [50.177]

Endorsement of penalty points [50.179]

Disqualification by reason of [50.180]

Period of endorsement [50.181]

Notification to licence holder [50.182]

Disqualification pursuant to EC [50.186]

First Schedule [50.189]


Chapter 51

Offences Against the State


Offences Against the State

Usurpation of government [51.04]

Obstruction of government [51.05]

Obstruction of the President [51.07]

Interferences with military etc. [51.08]

Prohibition of printing, etc., [51.09]

Foreign newspapers, etc, [51.16]

Possession of documents [51.17]

Documents printed for reward [51.18]

Unauthorised military exercises [51.21]

Secret societies in army or police [51.22]

Administering unlawful oaths [51.24]

Unlawful organisations

Unlawful organisations [51.26]

Suppression order [51.28]

Declaration of legality [51.31]

Prohibition of membership [51.32]

Offence of providing assistance [51.33]

Incitement or invitation to join etc. [51.34]

Proof of membership [51.37]

Prohibition of certain public meetings [51.40]

in the vicinity of the Oireachtas [51.41]

Evidence of membership of [51.44]

Offences Against the State (Amendment) Act, 1998

Inferences that may be drawn [51.51]

Notification of witnesses [51.53]

Directing an unlawful organisation [51.54]

Possession of articles [51.55]

Unlawful collection of information [51.56]

Withholding information [51.57]

Training in the use of firearms [51.58]

Offences to be scheduled offences [51.59]

Duration of certain sections [51.60]

Section 30-arrest and detention

Section 30(1) [51.62]

Vehicle, ship, boat, or other vessel [51.80]

Detention [51.81]

Extensions of detention [51.88]

Charged or released [51.89]

Powers in respect of detained [51.90]

Offence to obstruct or impede [51.91]

Rearrest under Section 30 [51.92]

Examination of detained persons [51.93]

Emergency Powers Act, 1976 [51.99]

Offences Against the State (Amendment) Act, 1940 [51.101]

Treason

Punishment of treason [51.108]

Encouraging, harbouring, etc. [51.109]

Misprision of treason [51.110]

Sedition at common law [51.111]

Official Secrets Act, 1963

Unlawful Communication [51.116]

Acts contrary to the Safety of State [51.120]

Communication with foreign agents [51.121]

Harbouring offenders etc. [51.122]


Chapter 52

International Criminal Law


Piracy jure gentium [52.03]

International Criminal Court [52.05]

Domestic jurisdiction [52.08]

Genocide [52.10]

Crimes against Humanity [52.17]

War crimes [52.19]

International War crimes [52.28]

Unlawful Seizure of Aircraft etc [52.38]

Acts against the Safety of Aviation [52.43]

Incitement to Hatred [52.46]

Radiological Protection [52.76]

Chemical Weapons [52.83]

Torture [52.91]

Safety of United Nations Personnel [52.95]

Suppression of Unlawful Acts against the Safety of Maritime Navigation [52.101]

Terrorist Offences [52.110]

Suppression of Terrorist Groups etc. [52.111]

Suppression of Hostage-Taking [52.118]

Terrorist Bombing [52.120]

Internationally Protected Persons [52.123]

Financing of Terrorism [52.125]


Chapter 53

Offences of a Public Nature


Postal offences

Unlawfully taking away or opening [53.03]

Fraudulent retention of mail bag [53.04]

Inviolability of mail [53.05]

Secreting or destroying by officer [53.06]

Money orders with fraudulent intent [53.07]

Forgery and stealing of money orders [53.08]

Inflammable, deleterious substances [53.09]

To procure the commission of offence [53.10]

Unauthorised disclosure [53.14]

Prohibition on opening etc. [53.15]

Prohibition on interception [53.18]

Fraudulent use of telecom. [53.19]

Broadcasting Offences

from ships and aircraft [53.23]

from marine structures [53.24]

certain ships, aircraft, etc [53.25]

acts facilitating broadcasting [53.26]

Safety, Health and Welfare at Work

Offences [53.37]

Obstruction [53.39]

Offence in relation to personal injury [53.44]

Fixed Penalty Notice [53.52]

Prosecution of summary offences [53.57]

Electoral Offences

In relation to registration of electors [53.63]

Personation [53.64]

Bribery [53.65]

Undue influence [53.66]

Breach of secrecy [53.67]

Offences relating to ballot boxes, etc. [53.68]

Disorderly conduct at meeting [53.69]

Omission of name and address [53.70]

Nominating without consent [53.71]

Forged certificate of political affiliation [53.72]

False declaration on nomination paper [53.73]

Officer acting as agent of candidate [53.74]

Obstruction of nomination or poll [53.75]

Interference with postal ballot papers [53.76]

Obstruction of electors [53.77]

Personation agent leaving station [53.78]

Voting by person not entitled [53.79]

Unlawful marking of ballot papers [53.80]

False statement of withdrawal or death [53.81]

Misleading statement as to process [53.82]

Handling of ballot papers [53.83]

Unauthorised inspection of documents [53.84]

Corrupt withdrawal of petition [53.85]

Limitation of time for prosecution [53.86]

Litter Pollution

Prohibitions related to littering [53.93]

Obligations to prevent litter [53.94]

Certain activities not prohibited [53.95]

Duty of occupiers, etc [53.96]

Mobile outlets [53.97]

Dog related offence [53.98]

Control of Dogs

Keeping dog without a licence [53.101]

Control of dog [53.102]

Nuisance by barking dogs [53.103]

Passport Offences [53.105]

Offences [53.106]

“false passport” [53.109]

Meaning of “false” and “making” [53.111]

Summary trial of offences [53.112]

Offences committed outside State [53.113]

Offences by bodies corporate [53.114]


Chapter 54

Offences relating to Public Morality


Religion and the State [54.04]

Blasphemy [54.07]

Defamation Act, 2009 [54.09]

Disturbing Religious Assemblies [54.12]

Disturbing religious worship [54.13]

Obstructing a clergyman [54.14]

Public indecency [54.16]

Obscene or indecent performance [54.17]

Conspiracy to corrupt public morals [54.18]

Nuisances in public thoroughfares [54.22]

Post Office Act, 1908 [54.24]

Censorship of Publications Act, 1929 [54.25]

Bigamy [54.37]

Criminal libel [54.49]

Corpses [54.47]

Burial Laws Amendment Act, 1880 [54.49]

Anatomy Act, 1832 [54.52]

Preventing an inquest [54.54]

Exposure of dead body of child [54.55]

Burning of a dead body [54.56]


Chapter 55

Offences against the Administration of Justice


Contempt of court [55.03]

Civil contempt [54.06]

Statute law on contempt [55.21]

Summary Jurisdiction (Ireland) Amendment Act, 1871 [55.21]

Tribunal of Enquiry (Evidence) Act, 1921 [55.22]

Defence Act, 1954 [55.23]

Consumer Credit Act 1995 [55.24]

Children Act 2001 [55.25]

Perjury and related offences [55.26]

Subornation of perjury [55.27]

Fabrication of false evidence [55.35]

Swearing a false oath [56.36]

Evidence on Commission Act, 1831 [55.37]

Statutory Declarations Act, 1835 [55.38]

Oaths Act, 1838 [55.39]

Criminal Procedure Act, 1851 [55.40]

Commissioners for Oaths (Ireland) Act, 1872 [55.41]

Oaths Act 1888 [56.42]

Tribunals of Enquiry (Evidence) Acts, 1921 [55.43]

Statutory Declarations Act, 1938 [55.44]

Arbitration Act, 1954 [55.45]

Solicitors (Amendment) Act, 1960 [55.46]

Court of Justice of the E. C. (Perjury) Act, 1975 [55.47]

Criminal Law (Jurisdiction) Act, 1976 [55.48]

Criminal Evidence Act 1992 [55.49]

Diplomatic and Consular Officers (Provision of Services) Act, 1993 [55.51]

Children Act, 1997 [55.53]

Children Act, 2001 [55.54]

Civil Liability Offences [55.55]

Escape and related offences

Escape from lawful custody [55.65]

Permitting an escape [56.66]

Breach of prison [56.67]

Rescue from lawful custody [55.68]

Persons unlawfully at large [55.69]

Escape from custody [55.70]

Smuggling into prison [55.72]

Failure to surrender to bail [55.75]

Possession of mobile [55.76]

General interference with justice

Bribery of public officials [55.78]

Effecting a public mischief [55.79]

Obstructing or intimidating witnesses [55.80]

Enforcement of Court Orders Act, 1926 [55.81]

Interference with the course of justice [55.82]

Giving certain false information [55.83]

Intimidation of witnesses, jurors etc. [55.84]

Offences relating to juries [55.85]

Embracery [55.89]

Barratry [55.90]

Maintenance [55.91]

Champerty [55.92]

Offences relating to An Garda Síochána

Causing disaffection [55.94]

Impersonating Garda [55.95]


Chapter 56

Penalties for Offences


The Table of Penalties [56.02]

Where no specified term [56.03]

Sentence for attempts [56.04]

Binding over to keep the peace [56.06]

Abolition of penal servitude [56.08]

Abolition of hard labour [56.10]

Fines Bill, 2009 [56.14]

Fines for summary offences [56.15]

Table A [56.16]

Table B [56.17]

Table C [56.18]

Table D [56.19]

Table E [56.20]

Fines and conviction on indictment [56.21]

Capacity of persons to pay fines [56.23]

Payment of fines by instalment [56.24]

Recovery orders [56.25]

Community service orders [56.26]