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Criminal Law (Defence and the Dwelling) Act 2011

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Criminal Law (Defence and the Dwelling) Act 2011
Oireachtas
  • An Act relating to the liability of a person regarding the use of force by him or her in his or her dwelling or in a dwelling in which he or she is a lawful occupant against a person who enters the dwellin; to amend the Non-Fatal Offences Against the Person Act 1997; and to provide for related matters.
Citation2011, No. 35
Territorial extentRepublic of Ireland
Signed byMichael D. Higgins
Signed19 December 2011[1]
Commenced13 January 2012[2][3]
Amends
Non-Fatal Offences Against the Person Act 1997
Status: Current legislation

The Criminal Law (Defence and the Dwelling) Act 2011 is an act of the Oireachtas which clarifies the law around self-defence in the home after the case around the death of John Ward.[3][4] The act explicitly enshrines the castle doctrine into Irish law.[5] It was first used as a defence in 2018.[6]

Provisions

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The provisions of the act include:

  • Explicitly laying down that it is not an offence for a person in their dwelling,[note 1] or who is a legal occupier in a dwelling, to use force in order to protect themselves or their property where they believe that the other person is trespassing and means to commit a crime.[8]
  • Ensuring that the castle doctrine does not apply to a member of the Garda Síochána acting in their official capacity, any person assisting a member of the Gardaí, or a person lawfully performing a function permitted by law.[8]
  • Allowing a person to stand their ground and ensuring that nothing within the act should compel them to abandon their dwelling.[9]
  • Absolving those who use force as outlined in the act to repel a trespasser of liability in tort cases arising from their actions.[10]
  • Amending Section 18 of the Non-Fatal Offences Against the Person Act 1997 so as to apply the Children Act 2001 to it and to clarify other points of law.[11]

Notes

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  1. ^ A dwelling is understood as including "a building or structure (whether temporary or not) which is constructed or adapted for use as a dwelling and is being so used", a "vehicle or vessel (whether mobile or not) which is constructed or adapted for use as a dwelling and is being so used", and any part of such places, as well as the areas immediately surrounding them.[7]

References

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  1. ^ "CRIMINAL LAW (DEFENCE AND THE DWELLING) ACT 2011". Irish Statute Book. Retrieved 22 January 2021.
  2. ^ "Minister Shatter announces commencement of Criminal Law (Defence and the Dwelling) Act 2011". Department of Justice. 12 January 2012. Retrieved 22 January 2021.
  3. ^ a b Paul Cullen (13 January 2012). "Law lets householders use reasonable force". The Irish Times. Retrieved 22 January 2021.
  4. ^ "Law allows 'reasonable force' defending home". RTÉ News. Archived from the original on 15 January 2012. Retrieved 22 January 2021.
  5. ^ Sinead Ring. "The Criminal Law (Defence and the Dwelling) Bill 2010". Human Rights Ireland. Archived from the original on 8 April 2011. Retrieved 22 January 2021.
  6. ^ Natasha Reid (14 March 2018). "First murder case defended under Defence and the Dwelling Act ends in acquittal". Irish Legal News. Retrieved 22 January 2021.
  7. ^ "Section 1 - Interpretation". Irish Statute Book. Retrieved 22 January 2021.
  8. ^ a b "Section 2 - Justifiable use of force, etc". Irish Statute Book. Retrieved 22 January 2021.
  9. ^ "Section 3 - No obligation to retreat from dwelling". Irish Statute Book. Retrieved 22 January 2021.
  10. ^ "Section 5 - Civil liability". Irish Statute Book. Retrieved 22 January 2021.
  11. ^ "Section 6 - Amendment of Non-Fatal Offences Against the Person Act 1997". Irish Statute Book. Retrieved 22 January 2021.
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