Criminal Law Reform: Recent Initiatives

Legislation
 

The Criminal Law (Defence and the Dwelling) Act 2011 (Number 35 of 2011) was signed by the President on 19 December, 2011 and commenced on 13 January, 2012. The Act clarifies the law concerning defence of the home.  It recognises in a very practical manner the special constitutional status of a person’s dwelling and makes it clear that a person may use reasonable force to defend themselves in their home.  It allows for the use of such force as is reasonable in the circumstances, to protect people in the dwelling from assault, to protect property, to prevent the commission of a crime, or to make a lawful arrest.

The Criminal Justice (Community Service) (Amendment) Act 2011 (Number 24 of 2011) amends the Criminal Justice (Community Service) Act 1983.  The 2011 Act places a greater obligation on the courts, when sentencing an offender, to consider imposing a community service order in circumstances where a sentence of imprisonment of up to 12 months is being considered.  The community service scheme delivers benefits at the individual, local and national level.  Increasing its use delivers financial savings, diverts from the prison system offenders whose imprisonment is a substantial expense to the state and provides reparation in the form of unpaid work to the benefit of the community.

The Criminal Justice Act 2011 (Number 22 of 2011) was signed into law by the President on 2 August 2011. The Act amends the criminal law to improve certain procedural matters and strengthen Garda investigative powers.  The intention is that such improvements will assist in reducing the delays associated with the investigation and prosecution of complex crime, in particular white collar crime. The Act also clarifies two issues relating to persons detained in Garda custody in connection with the investigation of an offence: (i) that such persons have the right to access legal advice prior to questioning (other than where exceptional circumstances apply or they have waived their right), and (ii) the circumstances in which such persons may be questioned between the hours of midnight and 8 a.m.

The Criminal Justice (Public Order) Act 2011 (Number 5 of 2011) came into operation on signature by the President on 2 February, 2011. The Act reforms and updates the law on begging following the 2007 High Court Judgement in the Dillon case that found part of the vagrancy (Ireland) Act 1847 to be unconstitutional. The Act grants a new power to a member of an Garda Síochána to direct persons who are begging to desist and move on from key locations such as ATM’s, vending machines and business premises. The Act will protect members of the public in locations where begging activity can be particularly intimidating.  It will also protect business owners where the behaviour or number of persons begging near their premises is having a negative effect on their trade.