Criminal Justice (Hate Offences) Act 2024
What is this act about?
This law, the Criminal Justice (Hate Offences) Act 2024, introduces new provisions for offences aggravated by hatred and makes hatred an aggravating factor in sentencing for certain crimes. It aims to address crimes motivated by prejudice against specific personal characteristics.
Who it applies to: Individuals who commit offences motivated by hatred; Victims of crimes where hatred is a motivating factor, especially those targeted due to their protected characteristics.
Deadlines:
- Penalties for damaging property aggravated by hatred can range from a class B fine or up to 12 months imprisonment on summary conviction, to a fine or imprisonment for life or up to 12 years on conviction on indictment, depending on the severity of the original offence.
At a glance
- Country
- Ireland
- Area of law
- Tax law
- Articles
- 24
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Offences aggravated by hatred in existing laws like the Criminal Damage Act 1991, the Criminal Justice (Public Order) Act 1994, and the Non-Fatal Offences against the Person Act 1997.
- Hatred as an aggravating factor in sentencing for certain offences.
- The definition of "hatred" and "protected characteristic."
- Amendments to various other enactments to incorporate these new provisions.
Who does this act apply to?
- Individuals who commit offences motivated by hatred.
- Victims of crimes where hatred is a motivating factor, especially those targeted due to their protected characteristics.
What are the key points?
- "Hatred" is defined as hatred against a person or group due to their "protected characteristics."
- "Protected characteristic" includes race, colour, nationality, religion, national or ethnic origin, descent, gender, sex characteristics, sexual orientation, or disability.
- For damaging property, an offence is "aggravated by hatred" if the offender demonstrates hatred towards the victim based on their protected characteristic, or if the offence is motivated by hatred towards a group defined by a protected characteristic.
- Penalties for damaging property aggravated by hatred can range from a class B fine or up to 12 months imprisonment on summary conviction, to a fine or imprisonment for life or up to 12 years on conviction on indictment, depending on the severity of the original offence.
Tax law
Legal text
Legal text
Criminal Justice (Hate Offences) Act 2024 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2024 Criminal Justice (Hate Offences) Act 2024 Criminal Justice (Hate Offences) Act 2024 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 41 of 2024 CRIMINAL JUSTICE (HATE OFFENCES) ACT 2024 CONTENTS
PART 1
Preliminary and General Section
Section 1
Section 2
Section 3
Section 4
PART 2
Offences Aggravated by Hatred
Section 5
Section 6
Section 7
Section 8
PART 3
Amendments of Other Enactments
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
Section 19
Section 20
Section 21
Section 22
Section 23
Section 24
PART 1
Preliminary and General Short title and commencement 1. (1) This Act may be cited as the Criminal Justice (Hate Offences) Act 2024.
Interpretation 2. In this Act— “hatred” means hatred against a person or a group of persons in the State or elsewhere on account of their protected characteristics or any one of those characteristics; “protected characteristic” shall be construed in accordance with section 3 .
Meaning of protected characteristic 3. (1) In this Act, “protected characteristic”, in relation to a person or a group of persons, means any one of the following, namely— (a) race, (b) colour, (c) nationality, (d) religion, (e) national or ethnic origin, (f) descent, (g) gender, (h) sex characteristics, (i) sexual orientation, or (j) disability.
Expenses 4. The expenses incurred by the Minister for Justice in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of monies provided by the Oireachtas.
PART 2
Offences Aggravated by Hatred Amendment of Criminal Damage Act 1991 5. The Criminal Damage Act 1991 is amended— (a) in section 1— (i) in subsection (1), by the insertion of the following definitions: “ ‘Act of 2024’ means the Criminal Justice (Hate Offences) Act 2024; ‘hatred’ has the meaning it has in section 2 of the Act of 2024; ‘protected characteristic’ has the meaning it has in section 2 of the Act of 2024;”, (ii) in subsection (3)— (I) by the substitution of “an offence under section 2, 2A, 3(a) or 4(a)” for “an offence under section 2, 3(a) or 4(a)”, and (II) by the substitution of “sections 2, 2A, 3(a) and 4(a)” for “sections 2, 3(a) and 4(a)”, and (iii) in subsection (3A), by the substitution of “an offence under section 2, 2A, 3(a) or 4(a)” for “an offence under section 2, 3(a) or 4(a)”, (b) by the insertion of the following section after section 2: “Damaging property aggravated by hatred 2A. (1) A person shall be guilty of an offence under this section if he or she commits an offence under section 2 which is aggravated by hatred for the purposes of this section.
Amendment of Criminal Justice (Public Order) Act 1994 6. The Criminal Justice (Public Order) Act 1994 is amended— (a) in section 3, by the insertion of the following definitions: “ ‘Act of 2024’ means the Criminal Justice (Hate Offences) Act 2024; ‘hatred’ has the meaning it has in section 2 of the Act of 2024; ‘protected characteristic’ has the meaning it has in section 2 of the Act of 2024;”, (b) by the insertion of the following section after section 3: “Aggravation of certain offences by hatred 3A. (1) An offence committed by a person is aggravated by hatred for the purposes of sections 6A, 7A, 11A and 18A if— (a) where there is a specific victim of the offence— (i) at the time of committing the offence, or immediately before or after doing so, the person demonstrates hatred towards the victim, and (ii) the hatred is on account of the victim’s membership or presumed membership of a group defined by reference to a protected characteristic, or (b) whether or not there is a specific victim of the offence, the offence is motivated (wholly or partly) by hatred towards a group of persons on account of the group being defined by reference to a protected characteristic.
Amendment of Non-Fatal Offences against the Person Act 1997 7. The Non-Fatal Offences against the Person Act 1997 is amended— (a) in section 1(1), by the insertion of the following definitions: “ ‘Act of 2024’ means the Criminal Justice (Hate Offences) Act 2024; ‘hatred’ has the meaning it has in section 2 of the Act of 2024; ‘protected characteristic’ has the meaning it has in section 2 of the Act of 2024;”, (b) by the insertion of the following section after section 1: “Aggravation of certain offences by hatred 1A. (1) An offence committed by a person is aggravated by hatred for the purposes of sections 2A, 3B, 4B, 5A, 9A, 10B and 13A if— (a) where there is a specific victim of the offence— (i) at the time of committing the offence, or immediately before or after doing so, the person demonstrates hatred towards the victim, and (ii) the hatred is on account of the victim’s membership or presumed membership of a group defined by reference to a protected characteristic, or (b) whether or not there is a specific victim of the offence, the offence is motivated (wholly or partly) by hatred towards a group of persons on account of the group being defined by reference to a protected characteristic.
Hatred against persons on account of their protected characteristics as aggravating factor in sentencing for certain offences 8. (1) Without prejudice to any other enactment or rule of law and subject to subsections (2) and (3), a court shall treat as an aggravating factor hatred against a person or a group of persons on account of their protected characteristics or any of those characteristics on the part of a person in the commission of an offence to which this section applies for the purposes of determining the sentence to be imposed on the person for that offence.
PART 3
Amendments of Other Enactments Amendment of Schedule to Criminal Law (Jurisdiction) Act 1976 9. The Schedule to the Criminal Law (Jurisdiction) Act 1976 is amended— (a) by the substitution of the following paragraph for paragraph 6A: “6A. Any offence under the following provisions of the Criminal Damage Act 1991 — (a) subsections (1) and (4) or subsections (2) and (4) of section 2 (arson); (b) section 2A insofar as it relates to an offence of arson under section 2 (referred to in paragraph (a)) that is aggravated by hatred for the purposes of section 2A (arson aggravated by hatred).”, and (b) in paragraph 7, by the insertion of the following subparagraph after subparagraph (aa): “(ab) section 4B (causing serious harm aggravated by hatred);”.
Amendment of First Schedule to Extradition (Amendment) Act 1994 10. The First Schedule to the Extradition (Amendment) Act 1994 is amended— (a) in paragraph 6, by— (i) the insertion of the following subparagraph after subparagraph (aa): “(ab) section 3B (assault causing harm aggravated by hatred);”, and (ii) the insertion of the following subparagraph after subparagraph (ba): “(bb) section 4B (causing serious harm aggravated by hatred);”, and (b) by the substitution of the following paragraph for paragraph 11: “11. Any offence under the following provisions of the Criminal Damage Act 1991 — (a) section 2(2) (damaging property with intent to endanger life or being reckless as to danger to life); (b) section 2A insofar as it relates to an offence under section 2(2) that is aggravated by hatred for the purposes of section 2A (damaging property with intent to endanger life or being reckless as to danger to life aggravated by hatred).”.
Amendment of Schedule to Bail Act 1997 11. The Schedule to the Bail Act 1997 is amended— (a) in paragraph 7, by— (i) the insertion of the following subparagraph after subparagraph (aa): “(ab) section 3B (assault causing harm aggravated by hatred);”, (ii) the insertion of the following subparagraph after subparagraph (ba): “(bb) section 4B (causing serious harm aggravated by hatred);”, (iii) the insertion of the following subparagraph after subparagraph (c): “(ca) section 5A (threats to kill or cause serious harm aggravated by hatred);”, (iv) the insertion of the following subparagraph after subparagraph (g): “(ga) section 9A (coercion aggravated by hatred);”, (v) the insertion of the following subparagraph after subparagraph (h): “(ha) section 10B (harassment aggravated by hatred);”, and (vi) the insertion of the following subparagraph after subparagraph (i): “(ia) section 13A (endangerment aggravated by hatred);”, (b) in paragraph 8, by the insertion of the following subparagraph after subparagraph (a): “(aa) section 18A (assault with intent to cause bodily harm or commit indictable offence aggravated by hatred);”, and (c) in paragraph 18, by the insertion of the following subparagraph after subparagraph (a): “(aa) section 2A (damaging property aggravated by hatred);”.
Amendment of Second Schedule to Criminal Justice (Safety of United Nations Workers) Act 2000 12. The Second Schedule to the Criminal Justice (Safety of United Nations Workers) Act 2000 is amended— (a) in Part I, in paragraph 4, by— (i) the insertion of the following subparagraph after subparagraph (a): “(aa) section 2A (assault aggravated by hatred);”, (ii) the insertion of the following subparagraph after subparagraph (ba): “(bb) section 3B (assault causing harm aggravated by hatred);”, (iii) the insertion of the following subparagraph after subparagraph (ca): “(cb) section 4B (causing serious harm aggravated by hatred);”, (iv) the insertion of the following subparagraph after subparagraph (d): “(da) section 5A (threats to kill or cause serious harm aggravated by hatred);”, and (v) the insertion of the following subparagraph after subparagraph (f): “(fa) section 13A (endangerment aggravated by hatred);”, and (b) in Part II, in paragraph 2, by the insertion of the following subparagraph after subparagraph (a): “(aa) section 2A (damaging property aggravated by hatred);”.
Amendment of section 3 of Criminal Justice (Public Order) Act 2003 13.
Section 3
of the Criminal Justice (Public Order) Act 2003 is amended by the insertion of— (a) “6A,” after “6,”, and (b) “7A,” after “7,”.
Amendment of Criminal Justice (Terrorist Offences) Act 2005 14. The Criminal Justice (Terrorist Offences) Act 2005 is amended— (a) in Part 1 of Schedule 2— (i) in paragraph 2, by— (I) the insertion of the following subparagraph after subparagraph (aa): “(ab) section 3B (assault causing harm aggravated by hatred);”, (II) the insertion of the following subparagraph after subparagraph (ba): “(bb) section 4B (causing serious harm aggravated by hatred);”, and (III) the insertion of the following subparagraph after subparagraph (e): “(ea) section 13A (endangerment aggravated by hatred);”, and (ii) by the substitution of the following paragraph for paragraph 5: “5. Any offence under any of the following provisions of the Criminal Damage Act 1991 : (a) section 2 (damaging property); (b) section 2A (damaging property aggravated by hatred).”, and (b) in Part 1 of Schedule 6— (i) in paragraph 2, by— (I) the insertion of the following subparagraph after subparagraph (a): “(aa) section 2A (assault aggravated by hatred);”, (II) the insertion of the following subparagraph after subparagraph (ba): “(bb) section 3B (assault causing harm aggravated by hatred);”, (III) the insertion of the following subparagraph after subparagraph (ca): “(cb) section 4B (causing serious harm aggravated by hatred);”, and (IV) the insertion of the following subparagraph after subparagraph (f): “(fa) section 13A (endangerment aggravated by hatred);”, and (ii) in paragraph 6, by the insertion of the following subparagraph after subparagraph (a): “(aa) section 2A of the Criminal Damage Act 1991 (damaging property aggravated by hatred);”.
Amendment of Schedule 3 to Criminal Justice Act 2006 15. Schedule 3 to the Criminal Justice Act 2006 is amended— (a) in paragraph 1, by— (i) the insertion of the following after “section 6 (threatening, abusive or insulting behaviour in public place)”: “section 6A (threatening, abusive or insulting behaviour in public place aggravated by hatred)”, and (ii) the insertion of the following after “section 11 (entering building, etc., with intent to commit an offence)”: “section 11A (entering building, etc., with intent to commit an offence aggravated by hatred)”, and (b) in paragraph 2, by— (i) the insertion of the following after “section 2 (assault)”: “section 2A (assault aggravated by hatred)”, (ii) the insertion of the following after “section 3A (non-fatal strangulation or non-fatal suffocation)”: “section 3B (assault causing harm aggravated by hatred)”, (iii) the insertion of the following after “section 9 (coercion)”: “section 9A (coercion aggravated by hatred)”, and (iv) the insertion of the following after “section 10 (harassment)”: “section 10B (harassment aggravated by hatred)”.
Amendment of Schedule 2 to Criminal Justice Act 2007 16. Schedule 2 to the Criminal Justice Act 2007 is amended, in paragraph 2, by— (a) the insertion of the following subparagraph after subparagraph (aa): “(ab) section 4B (causing serious harm aggravated by hatred);”, and (b) the insertion of the following subparagraph after subparagraph (b): “(ba) section 5A (threats to kill or cause serious harm aggravated by hatred);”.
Amendment of Schedule to Criminal Procedure Act 2010 17. The Schedule to the Criminal Procedure Act 2010 is amended— (a) in paragraph 10, by the insertion of the following subparagraph after subparagraph (aa): “(ab) section 4B (causing serious harm aggravated by hatred);”, and (b) by the addition of the following paragraph after paragraph 20: “20A. An offence under section 2A of the Criminal Damage Act 1991 (damaging property aggravated by hatred).”.
Amendment of National Vetting Bureau (Children and Vulnerable Persons) Act 2012 18. The National Vetting Bureau (Children and Vulnerable Persons) Act 2012 is amended— (a) in section 14A(4)(c), by the insertion of “6A,” after “6,” and the insertion of “7A,” after “7,”, and (b) in paragraph 17 of Schedule 3, by the insertion of “, 18A” after “18”.
Amendment of Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 19. The Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 is amended— (a) in Schedule 1, in paragraph 18, by— (i) the insertion of the following subparagraph after subparagraph (aa): “(ab) section 3B (assault causing harm aggravated by hatred),”, (ii) the insertion of the following subparagraph after subparagraph (ba): “(bb) section 4B (causing serious harm aggravated by hatred),”, (iii) the insertion of the following subparagraph after subparagraph (c): “(ca) section 5A (threats to kill or cause serious harm aggravated by hatred),”, and (iv) the insertion of the following subparagraph after subparagraph (d): “(da) section 13A (endangerment aggravated by hatred),”, and (b) in Schedule 2, by the substitution of the following paragraph for paragraph 11: “11. An offence under any of the following provisions of the Non-Fatal Offences against the Person Act 1997 — (a) section 3 (assault causing harm), (b) section 3A (non-fatal strangulation or non-fatal suffocation), (c) section 3B (assault causing harm aggravated by hatred).”.
Amendment of Schedule to Taxi Regulation Act 2013 20. Part 2 of the Schedule to the Taxi Regulation Act 2013 is amended— (a) in paragraph 2, by the substitution of “section 18, 18A or 19(1)” for “section 18 or 19(1)”, (b) in paragraph 3, by the substitution of “(other than section 2, 2A or 16)” for “(other than section 2 or 16)”, and (c) by the insertion of the following paragraph after paragraph 9: “9A. An offence under section 2A of the Criminal Damage Act 1991 insofar as it relates to an offence under section 2(2)(b) of that Act that is aggravated by hatred for the purposes of section 2A of that Act.”.
Amendment of section 5 of Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 21.
Section 5
Amendment of section 2 of Criminal Justice (Victims of Crime) Act 2017 22.
Section 2
Amendment of Schedule 2 to European Union (Passenger Name Record Data) Regulations 2018 23. Schedule 2 to the European Union (Passenger Name Record Data) Regulations 2018 ( S.I. No. 177 of 2018 ) is amended— (a) in paragraph 7, by the insertion of “or 2A” after “2” in the reference to sections of the Criminal Damage Act 1991 , and (b) in paragraph 12— (i) by the insertion of “, 18A” after “18” in the reference to sections of the Criminal Justice (Public Order) Act 1994 , and (ii) in the reference to sections of the Non-Fatal Offences against the Person Act 1997 , by— (I) the insertion of “3B,” after “3A,”, (II) the insertion of “4B,” after “4A,”, (III) the insertion of “5A,” after “5,”, (IV) the insertion of “,” after “6”, (V) the deletion of “or” after “6”, and (VI) the insertion of “or 13A” after “13”.
Amendment of section 1 of Criminal Law (Extraterritorial Jurisdiction) Act 2019 24.
Section 1
of the Criminal Law (Extraterritorial Jurisdiction) Act 2019 is amended, in paragraph (a) of the definition of “relevant offence”, by— (a) the insertion of “3B,” after “3A,”, (b) the insertion of “4B,” after “4A,”, (c) the insertion of “5A,” after “5,”, and (d) the insertion of “, 9A” after “9”.
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