Criminal Law Act, 1997


Amendment of Particular Enactments

Section 13 .

1. In the Slave Trade Act, 1824 , as amended by section 1 of the Slave Trade Act, 1843

(a) in sections 3, 5, 6, 7, 8 and 11, “and their procurers, counsellors, aiders, and abettors” shall be deleted;

(b) in section 9, for “piracy, felony, and robbery” there shall be substituted “an offence, and shall be liable to imprisonment for life”, and for the references to British subjects there shall be substituted references to Irish citizens;

(c) in section 10, for the words from “and their procurers” to the end of that section there shall be substituted “shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding fourteen years”;

(d) in section 12, “piracies, felonies, robberies, and” shall be deleted.

2. In section 8 of the Carriers Act, 1830 (under which the protection given by that Act to common carriers does not extend to the felonious acts of their servants) for “the felonious acts” there shall be substituted “any theft, embezzlement or forgery”.

3. In the proviso to section 30 of the Town Police Clauses Act, 1847 (which provides that a person liable to a penalty under that section for wilfully setting or causing to be set a chimney on fire shall not be exempt from liability to be indicted for felony) for “felony” there shall be substituted “any other offence”.

4. In section 10 of the Offences against the Person Act, 1861 (which provides for the trial of murder or manslaughter where any person dies in a country after being feloniously stricken out of it or vice versa) for “feloniously”, in both places where the word occurs, there shall be substituted “criminally”.

5. In section 6, subsection (2), of the Criminal Law Amendment Act, 1885 (as amended by section 9 of the Criminal Law Amendment Act, 1935 ) (as to defilement of young persons) “of or above the age of fifteen and” shall be deleted.

6. (1) The Larceny Act, 1916 , shall be amended in accordance with the provisions of this paragraph.

(2) Section 35 (accessories and abettors) shall be repealed.

(3) Section 37 (4) shall be deleted.

(4) Section 41 (3) (arrest without warrant) shall be deleted.

(5) In section 44 (1) (verdict), “acquit the defendant of robbery and” and, in section 44 (3), “acquit the defendant of stealing and” shall be deleted.

7. The Criminal Law Amendment Act, 1935 , shall be amended as follows: in section 2(1) and 2(2) (defilement of girl between fifteen and seventeen years of age), “of or over the age of fifteen years and” shall be deleted.

8. In the Criminal Justice Act, 1990 , paragraph 4 (m) of the First Schedule shall be deleted.

9. Section 19 (a) of the Criminal Law (Rape) (Amendment) Act, 1990 , shall be amended by the deletion of “section 169 (b)” and the substitution of “section 169 (3) (b)”.

10. In section 3 (c) and (d) of the Criminal Law (Sexual Offences) Act, 1993 , “of or over the age of 15 years and” shall be deleted.