Malicious Injuries (Amendment) Act, 1986

Amendment of section 5 of Principal Act.

2.—Section 5 of the Principal Act is hereby amended, as respects damage caused to property after the passing of this Act, by the substitution of the following subsections for subsections (1) and (2):

“(1) (a) Subject to the provisions of this section, where damage the aggregate amount of which exceeds £100 is caused to any property—

(i) unlawfully by one or more of a number (exceeding two) of persons riotously assembled together, or

(ii) as a result of an act committed maliciously by a person acting on behalf of or in connection with an unlawful organisation, or

(iii) as a result of an act committed maliciously by a person acting on behalf of or in connection with an organisation outside the State that engages in, promotes, encourages or advocates the use of violence for purposes related to the conduct or administration of the affairs of the State or Northern Ireland,

the person who suffers the damage shall be entitled to obtain compensation from the local authority in accordance with the Malicious Injuries Acts, 1981 and 1986.

(b) Paragraph (a) shall not apply to damage caused to a ship or aircraft, or to anything carried thereon (including anything carried by a person thereon), if the damage was caused—

(i) by any substance or device placed on or in the ship or aircraft or on or in anything carried thereon at a time when the ship, aircraft or thing was outside the State or by any other act or omission done or made outside the State, or

(ii) by a person or persons who had entered the State in the ship or aircraft on the last voyage or flight made by the ship or aircraft before the damage occurred.

(2) For the purpose of subsection (1) (a), an act shall be taken to be committed maliciously only if it is—

(a) a wrongful act committed intentionally without just cause or excuse, or

(b) committed wantonly, or

(c) committed in the course of, whether or not for the purpose of, the commission of a crime against the property damaged.”.