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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]
Bills to repeal the act were introduced regularly by Irish nationalist MPs. [13] In 1907, Michael Hogan proposed a motion in the Commons that, "in the opinion of this House, the presence of the Criminal Law and Procedure (Ireland) Act on the Statute Book is a gross violation of the Constitution, without parallel in any other portion of His Majesty's dominions, and that the Act should be ...
Provisions of Part III of the Industrial Relations Act are invalid considering the provisions of Article 15.2.1 of the Constitution of Ireland. John Gilligan v Ireland & Others [2013] IESC 45; [2013] 2 IR 745; [2014] ILRM 153 Section 13 of the Criminal Law Act 1976 allows judges to apply the principle of proportionality in sentencing.
The Crown Cases Act 1848 (11 & 12 Vict. c. 78) established a Court for Crown Cases Reserved in each of England and Wales and Ireland. These courts were sometimes called the "Court of Criminal Appeal", but only heard point of law appeals.
Gilligan v Ireland [2013] IESC 45; [2013] 2 IR 745; [2014] ILRM 153 [1] is an Irish Supreme Court case where the constitutionality of section 13 of the Criminal Law Act 1976 was challenged. This statutory provision related to the sentencing of those who commit a further crime while in prison.
The Criminal Law (Jurisdiction) Act 1976 allowed trial in the Republic for crimes committed in Northern Ireland, and vice versa. [18] This arrangement circumvented political and legal difficulties blocking the extradition of suspects in crimes related to The Troubles. [1] The Supreme Court ruled that this Act was constitutional. [16]
In 2009, the government announced its plan to introduce a new law of self-defence in 2010 upon recommendation by the Law Reform Commission which would codify the existing common law position on the use of force in defence of property. The Criminal Law (Defence and the Dwelling) Act 2011 was enacted on 19 December 2011. [11]
The Criminal Law Act 1827 allowed judges to sentence to transportation for many hitherto capital crimes. [4] For more, Peel's Acts in 1828 replaced the death penalty with penal servitude . The Capital Punishment (Ireland) Act 1842 [ 8 ] brought the law in Ireland closer to that of England by reducing the penalties for numerous offences, and ...