CRIMINAL JUSTICE (FEMALE GENITAL MUTILATION) ACT 2012

JurisdictionIreland
CitationIR No. 11/2012


Number 11 of 2012


CRIMINAL JUSTICE (FEMALE GENITAL MUTILATION) ACT 2012

REVISED

Updated to 26 August 2020


This Revised Act is an administrative consolidation of the Criminal Justice (Female Genital Mutilation) Act 2012. 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 Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (13/2020), enacted 6 August 2020, and all statutory instruments up to and including the European Union (Common Fisheries Policy) (Point System) Regulations 2020 (S.I. No. 318 of 2020), made 26 August 2020, 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 11 of 2012


CRIMINAL JUSTICE (FEMALE GENITAL MUTILATION) ACT 2012

REVISED

Updated to 26 August 2020


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

This Act is not collectively cited with any other Act.

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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

Criminal Justice (Victims of Crime) Act 2017 (28/2017)

Merchant Shipping (Registration of Ships) Act 2014 (43/2014)

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

All Acts up to and including Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (13/2020), enacted 6 August 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Criminal Justice (Female Genital Mutilation) Act 2012 (Commencement) Order 2012 (S.I. No. 353 of 2012)

All statutory instruments up to and including European Union (Common Fisheries Policy) (Point System) Regulations 2020 (S.I. No. 318 of 2020), made 26 August 2020, were considered in the preparation of this revision.


Number 11 of 2012


CRIMINAL JUSTICE (FEMALE GENITAL MUTILATION) ACT 2012

REVISED

Updated to 26 August 2020



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

REVISED

Updated to 26 August 2020


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.

[2 nd April, 2012]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.

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.

2.

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.

Annotations

Editorial Notes:

E1

Offence under section included in Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012), sch. 1 (offences against children for purposes of offence under s. 2) (1.08.2012) by Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012), s. 2 and sch. 1, S.I. No. 281 of 2012.

3.

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.

Annotations

Editorial Notes:

E2

Offence under section included in Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012), sch. 1 (offences against children for purposes of offence under s. 2) (1.08.2012) by Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012), s...

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