Criminal Law (Defence and the Dwelling) Act 2011
{{Short description|Irish law}}
{{Use dmy dates|date=January 2021}}
{{Infobox legislation
|short_title = Criminal Law (Defence and the Dwelling) Act 2011
|legislature = Oireachtas
|image =
|imagesize = 130px
|image_upright =
|imagealt =
|caption =
|long_title = 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.
|citation = 2011, No. 35
|territorial_extent = Ireland
|enacted_by =
|date_enacted =
|date_passed =
|enacted_by2 =
|date_enacted2 =
|date_passed2 =
|date_assented =
|royal_assent =
|date_signed = 19 December 2011{{cite web |title=CRIMINAL LAW (DEFENCE AND THE DWELLING) ACT 2011 |url=http://www.irishstatutebook.ie/eli/2011/act/35/enacted/en/index.html |website=Irish Statute Book |access-date=22 January 2021}}
|signed_by = Michael D. Higgins
|date_commenced = 13 January 2012{{cite web |title=Minister Shatter announces commencement of Criminal Law (Defence and the Dwelling) Act 2011 |url=http://www.justice.ie/en/JELR/Pages/PR12000003 |website=Department of Justice |access-date=22 January 2021 |date=12 January 2012}}
|date_effective =
|date_of_expiry =
|date_repealed =
|administered_by =
|bill =
|bill_citation =
|bill_date =
|introduced_by =
|1st_reading =
|2nd_reading =
|3rd_reading =
|conf_committee_passed =
|committee_report =
|bill2 =
|bill_citation2 =
|bill_date2 =
|introduced_by2 =
|1st_reading2 =
|2nd_reading2 =
|3rd_reading2 =
|conf_committee_passed2 =
|committee_report2 =
|date_conf_committee =
|white_paper =
|amends = Non-Fatal Offences Against the Person Act 1997
|repeals =
|amended_by =
|repealed_by =
|related_legislation =
|summary =
|keywords =
|status = current
}}
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.{{cite web |author1=Paul Cullen |title=Law lets householders use reasonable force |url=https://www.irishtimes.com/news/law-lets-householders-use-reasonable-force-1.443683 |website=The Irish Times |access-date=22 January 2021 |date=13 January 2012}}{{cite web |title=Law allows 'reasonable force' defending home |url=http://www.rte.ie/news/2012/0113/home.html |website=RTÉ News |access-date=22 January 2021 |archive-url=https://web.archive.org/web/20120115020924/http://www.rte.ie/news/2012/0113/home.html |archive-date=15 January 2012}} The act explicitly enshrines the castle doctrine into Irish law.{{cite web |author1=Sinead Ring |title=The Criminal Law (Defence and the Dwelling) Bill 2010 |url=http://www.humanrights.ie/index.php/2010/07/20/the-criminal-law-defence-and-the-dwelling-bill-2010/ |website=Human Rights Ireland |access-date=22 January 2021 |archive-url=https://web.archive.org/web/20110408060648/http://www.humanrights.ie/index.php/2010/07/20/the-criminal-law-defence-and-the-dwelling-bill-2010/ |archive-date=8 April 2011}} It was first used as a defence in 2018.{{cite web |author1=Natasha Reid |title=First murder case defended under Defence and the Dwelling Act ends in acquittal |url=https://www.irishlegal.com/article/first-murder-case-defended-defence-dwelling-act-ends-acquittal |website=Irish Legal News |access-date=22 January 2021 |date=14 March 2018}}
Provisions
The provisions of the act include:
- Explicitly laying down that it is not an offence for a person in their dwelling,{{refn|group="note"|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.{{cite web |title=Section 1 - Interpretation |url=http://www.irishstatutebook.ie/eli/2011/act/35/section/1/enacted/en/html#sec1 |website=Irish Statute Book |access-date=22 January 2021}}}} 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.{{cite web |title=Section 2 - Justifiable use of force, etc. |url=http://www.irishstatutebook.ie/eli/2011/act/35/section/2/enacted/en/html |website=Irish Statute Book |access-date=22 January 2021}}
- 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.
- Allowing a person to stand their ground and ensuring that nothing within the act should compel them to abandon their dwelling.{{cite web |title=Section 3 - No obligation to retreat from dwelling |url=http://www.irishstatutebook.ie/eli/2011/act/35/section/3/enacted/en/html |website=Irish Statute Book |access-date=22 January 2021}}
- Absolving those who use force as outlined in the act to repel a trespasser of liability in tort cases arising from their actions.{{cite web |title=Section 5 - Civil liability |url=http://www.irishstatutebook.ie/eli/2011/act/35/section/5/enacted/en/html |website=Irish Statute Book |access-date=22 January 2021}}
- 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.{{cite web |title=Section 6 - Amendment of Non-Fatal Offences Against the Person Act 1997 |url=http://www.irishstatutebook.ie/eli/2011/act/35/section/6/enacted/en/html |website=Irish Statute Book |access-date=22 January 2021}}
Notes
{{reflist|group="note"}}
References
{{portal|Ireland|Law}}
{{reflist}}
{{DEFAULTSORT:Criminal Law (Defence and the Dwelling) Act 2011}}