Criminal justice (female genital mutilation) act 2012

• Enactment Date: 02 April 2012
• Act Number: 11

Number 11 of 2012
CRIMINAL JUSTICE (FEMALE GENITAL MUTILATION) ACT 2012
ARRANGEMENT OF SECTIONS
Section
1. Interpretation.
2. Offences of female genital mutilation, etc.
3. Offence of removal from State for purpose of female genital mutilation.
4. Acts, etc., done outside State.
5. Punishment for offences under sections 2, 3 and 4.
6. Proceedings.
7. Double jeopardy.
8. Exclusion of the public from hearing.
9. Anonymity of girl or woman concerned.
10. Anonymity of accused person.
11. Punishment for offences under sections 9 and 10.
12. Evidence in proceedings for offences outside State.
13. Amendment of Criminal Justice Act 1993.
14. Amendment of Bail Act 1997.
15. Amendment of Children Act 2001.
16. Short title and commencement.
Acts Referred to
Bail Act 1997 1997, No. 16 Biological Weapons Act 2011 2011, No. 13 Children Act 2001 2001, No. 24 Criminal Justice Act 1993 1993, No. 6 Criminal Procedure Act 2010 2010, No. 27 Medical Practitioners Act 2007 2007, No. 25 Mercantile Marine Act 1955 1955, No. 29 Nurses Act 1985 1985, No. 18
Number 11 of 2012
CRIMINAL JUSTICE (FEMALE GENITAL MUTILATION) ACT 2012
AN ACT TO PROVIDE FOR THE CREATION OF AN OFFENCE OF FEMALE GENITAL MUTILATION, AND OTHER OFFENCES RELATING TO FEMALE GENITAL MUTILATION, FOR THE BETTER PROTECTION OF GIRLS AND WOMEN; TO PROVIDE FOR AMENDMENTS TO OTHER ENACTMENTS; AND TO PROVIDE FOR RELATED MATTERS.
[2nd April, 2012]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.— In this Act—
	“female genital mutilation” means any act the purpose of which, or the effect of which, is the excision, infibulation or other mutilation of the whole or any part of the labia majora, labia minora, prepuce of the clitoris, clitoris or vagina of a girl or woman;
	“midwife” means a person whose name is registered in the midwives division of the register of nurses established under section 27 of the Nurses Act 1985 ;
	“registered medical practitioner” has the same meaning as it has in section 2 of the Medical Practitioners Act 2007 .
	Offences of female genital mutilation, etc.	2.— (1) A person is guilty of an offence if the person does or attempts to do an act of female genital mutilation.
	(2) A person is not guilty of an offence under subsection (1) if—
	(a) the act concerned is a surgical operation performed by a registered medical practitioner on the girl or woman concerned, which is necessary for the protection of her physical or mental health,
	(b) the act concerned is a surgical operation performed by a registered medical practitioner or a midwife, or a person undergoing training to be a midwife, on the girl or woman concerned when she is in any stage of labour, or has just given birth, for purposes connected with the labour or birth,
	(c) the person is the girl or woman on whom the act of female genital mutilation is done, or
	(d) the act concerned is done to a woman who is not less than 18 years of age and there is no resultant permanent bodily harm.
	(3) For the avoidance of doubt, it is hereby declared that it shall not be a defence to proceedings for an offence under this section for the accused person to show that he or she believed that the act concerned was consented to by the girl concerned or her parents or guardian, or the woman concerned, as the case may be, or required or permitted for customary or ritual reasons.
	Offence of removal from State for purpose of female genital mutilation.	3.— (1) A person is guilty of an offence if the person removes or attempts to remove a girl or woman from the State where one of the purposes for the removal is to have an act of female genital mutilation done to her.
	(2) A person is not guilty of an offence under subsection (1) if the act is done and is—
	(a) a surgical operation performed, by a person who is duly qualified to perform surgical operations under the law of the place where the act is done, or has been professionally trained to perform surgical operations, on the girl or woman concerned, which is necessary for the protection of her physical or mental health,
	(b) a surgical operation performed, by a person performing functions corresponding to those of a midwife or a registered medical practitioner, on the girl or woman concerned when she is in any stage of labour, or has just given birth, for purposes connected with the labour or birth, or
	(c) done to a woman who is not less than 18 years of age, and there is no resultant permanent bodily harm.
	(3) In proceedings for an offence under subsection (1), it shall be presumed, until the contrary is shown, that one of the purposes for the removal from the State by the accused person of the girl or woman concerned was to have an act of female genital mutilation done to her if—
	(a) the accused person removed the girl or woman from the State in circumstances giving rise to the reasonable inference that one of the purposes for such removal was to have an act of female genital mutilation done to her, and
	(b) an act of female genital mutilation was done to her after she was removed from the State and, where she subsequently returned to the State, before that return.
	(4) For the avoidance of doubt, it is hereby declared that it shall not be a defence to proceedings for an offence under this section for the accused person to show that he or she believed that the act concerned was consented to by the girl concerned or her parents or guardian, or the woman concerned, as the case may be, or required or permitted for customary or ritual reasons.
	(5) For the purposes of this section, to “remove a girl or woman from the State” includes—
	(a) arranging any part of her travel out of the State,
	(b) accompanying her for any portion of that travel,
	(c) arranging that she be met when her travel out of the State has terminated, or
	(d) doing any other act that could facilitate her travel out of the State.
	Acts, etc., done outside State.	4.— (1) A person is guilty of an offence if the person does or attempts to do an act of female genital mutilation in a place other than the State, but only if it is done or attempted to be done—
	(a) on board an Irish ship within the meaning of section 9 of the Mercantile Marine Act 1955 ,
	(b) on an aircraft registered in the State, or
	(c) by a person who is a citizen of Ireland or is ordinarily resident in the State, and would constitute an offence in the place in which it is done.
	(2) A person is not guilty of an offence under subsection (1) if—
	(a) the act concerned is a surgical operation performed, by a person who is duly qualified to perform surgical operations under the law of the place where the act is done, or has been professionally trained to perform surgical operations, on the girl or woman concerned, which is necessary for the protection of her physical or mental health,
	(b) the act concerned is a surgical operation performed, by a person performing functions corresponding to those of a midwife or a registered medical practitioner, on the girl or woman concerned when she is in any stage of labour, or has just given birth, for purposes connected with the labour or birth,
	(c) the person is the girl or woman on whom the act of female genital mutilation is done, or
	(d) the act concerned is done to a woman who is not less than 18 years of age and there is no resultant permanent bodily harm.
	(3) For the avoidance of doubt, it is hereby declared that it shall not be a defence to proceedings for an offence under this section for the accused person to show that he or she believed that the act concerned was consented to by the girl concerned or her parents or guardian, or the woman concerned, as the case may be, or required or permitted for customary or ritual reasons.
	(4) For the purposes of proceedings for an offence under this section, a person shall be deemed to be ordinarily resident in the State if he or she has had his or her principal residence within the State for the period of 12 months immediately preceding the alleged commission of the offence.
	(5) Proceedings for an offence under this section may be taken in any place in the State and the offence may for all incidental purposes be treated as having been committed in that place.
	Punishment for offences under sections 2, 3 and 4.	5.— A person who is guilty of an offence under section 2 , 3 or 4 is liable—
	(a) on summary conviction to a class A fine or to imprisonment for a term not exceeding 12 months or to both, and
	(b) on conviction on indictment to a fine or imprisonment for a term not exceeding 14 years or to both.
	Proceedings.	6.— Proceedings may not be instituted under this Act except by, or with the consent of, the Director of Public Prosecutions.
	Double jeopardy.	7.— A person who is acquitted or convicted of an offence in a place outside the State shall not be proceeded against for an offence under this Act consisting of the act that constituted the offence of which the person was so acquitted or convicted.
	Exclusion of the public from hearing.	8.— (1) Subject to subsections (2) and (3), in any proceedings for an offence under section 2 , 3 or 4 , the judge or the court, as the case may be, shall exclude from the court during the hearing all persons except officers of the court, persons directly concerned in the proceedings, bona fide representatives of the Press and such other persons (if any) as the judge or the court, as the case may be, may in his or her or its discretion permit to remain.
	(2) Subsection (1) is without prejudice to the right of a parent, relative or friend of the girl or woman in respect of whom the offence is alleged to have been...