Non-Fatal offences against the person act, 1997

Enactment Date19 May 1997
Act Number26


Number 26 of 1997


NON-FATAL OFFENCES AGAINST THE PERSON ACT, 1997


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.

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Enactments Repealed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


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:

Interpretation.

1.—(1) In this Act—

“contaminated blood” means blood which is contaminated with any disease, virus, agent or organism which if passed into the blood stream of another could infect the other with a life threatening or potentially life threatening disease;

“contaminated fluid” means fluid or substance which is contaminated with any disease, virus, agent or organism which if passed into the blood stream of another could infect the other with a life threatening or potentially life threatening disease;

“contaminated syringe” means a syringe which has in it or on it contaminated blood or contaminated fluid;

“harm” means harm to body or mind and includes pain and unconsciousness;

“member of the family” in relation to a person, means the spouse, a child (including step-child or adopted child), grandchild, parent, grandparent, step-parent, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece of the person or any person cohabiting or residing with him or her;

“property” means property of a tangible nature, whether real or personal, including money and animals that are capable of being stolen;

“public place” includes any street, seashore, park, land or field, highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise, and includes any train, vessel, aircraft or vehicle used for the carriage of persons for reward;

“serious harm” means injury which creates a substantial risk of death or which causes serious disfigurement or substantial loss or impairment of the mobility of the body as a whole or of the function of any particular bodily member or organ;

“street” includes any road, bridge, lane, footway, subway, square, court, alley or passage, whether a thoroughfare or not, which is for the time being open to the public; and the doorways, entrances and gardens abutting on a street and any ground or car-park adjoining and open to a street, shall be treated as forming part of a street;

“syringe” includes any part of a syringe or a needle or any sharp instrument capable of piercing skin and passing onto or into a person blood or any fluid or substance resembling blood.

(2) For the purposes of sections 17 , 18 and 19 it is immaterial whether a belief is justified or not if it is honestly held but the presence or absence of reasonable grounds for the belief is a matter to which the court or the jury is to have regard, in conjunction with any other relevant matters, in considering whether the person honestly held the belief.

(3) In this Act—

(a) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act,

(b) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,

(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

Assault.

2.—(1) A person shall be guilty of the offence of assault who, without lawful excuse, intentionally or recklessly—

(a) directly or indirectly applies force to or causes an impact on the body of another, or

(b) causes another to believe on reasonable grounds that he or she is likely immediately to be subjected to any such force or impact,

without the consent of the other.

(2) In subsection (1) (a), “force” includes—

(a) application of heat, light, electric current, noise or any other form of energy, and

(b) application of matter in solid liquid or gaseous form.

(3) No such offence is committed if the force or impact, not being intended or likely to cause injury, is in the circumstances such as is generally acceptable in the ordinary conduct of daily life and the defendant does not know or believe that it is in fact unacceptable to the other person.

(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 6 months or to both.

Assault causing harm.

3.—(1) A person who assaults another causing him or her harm shall be guilty of an offence.

(2) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding £1,500 or to both, or

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or to both.

Causing serious harm.

4.—(1) A person who intentionally or recklessly causes serious harm to another shall be guilty of an offence.

(2) A person guilty of an offence under this section shall be liable on conviction on indictment to a fine or to imprisonment for life or to both.

Threats to kill or cause serious harm.

5.—(1) A person who, without lawful excuse, makes to another a threat, by any means intending the other to believe it will be carried out, to kill or cause serious harm to that other or a third person shall be guilty of an offence,

(2) A person guilty of an offence under this section shall be liable—

(a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 10 years or to both.

Syringe, etc., attacks.

6.—(1) A person who—

(a) injures another by piercing the skin of that other with a syringe, or

(b) threatens to so injure another with a syringe,

with the intention of or where there is a likelihood of causing that other to believe that he or she may become infected with disease as a result of the injury caused or threatened shall be guilty of an offence.

(2) A person who—

(a) sprays, pours or puts onto another blood or any fluid or substance resembling blood, or

(b) threatens to spray, pour or put onto another blood or any fluid or substance resembling blood,

with the intention of or where there is a likelihood of causing that other to believe that he or she may become infected with disease as a result of the action caused or threatened shall be guilty of an offence.

(3) A person who in committing or attempting to commit an offence under subsection (1) or (2)—

(a) injures a third person with a syringe by piercing his or her skin, or

(b) sprays, pours or puts onto a third person blood or any fluid or substance resembling blood,

resulting in the third person believing that he or she may become infected with disease as a result of the injury or action caused shall be guilty of an offence.

(4) A person guilty of an offence under subsection (1), (2) or (3) shall be liable—

(a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 10 years or to both.

(5) (a) A person who intentionally injures another by piercing the skin of that other with a contaminated syringe shall be guilty of an offence.

(b) A...

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