Criminal Law (Defence and the Dwelling) Act 2011

Criminal Law (Defence and the Dwelling) Act 2011
Oireachtas
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
Signed by	Michael D. Higgins
Signed	19 December 2011 [1]
Commenced	13 January 2012 [2] [3]
Amends
Non-Fatal Offences Against the Person Act 1997
Status: Current legislation

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]

Provisions

The provisions of the act include:

• Explicitly laying down that it is not an offence for a person in their dwelling, ^{[note 1]} 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. ^[8]
• 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. ^[8]
• Allowing a person to stand their ground and ensuring that nothing within the act should compel them to abandon their dwelling. ^[9]
• Absolving those who use force as outlined in the act to repel a trespasser of liability in tort cases arising from their actions. ^[10]
• 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. ^[11]

Notes

1. 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. ^[7]

References

• Ireland portal
• Law portal

1. "CRIMINAL LAW (DEFENCE AND THE DWELLING) ACT 2011". Irish Statute Book . Retrieved 22 January 2021.
2. "Minister Shatter announces commencement of Criminal Law (Defence and the Dwelling) Act 2011". Department of Justice . 12 January 2012. Retrieved 22 January 2021.
3. Paul Cullen (13 January 2012). "Law lets householders use reasonable force". The Irish Times . Retrieved 22 January 2021.
4. "Law allows 'reasonable force' defending home". RTÉ News . Archived from the original on 15 January 2012. Retrieved 22 January 2021.
5. Sinead Ring. "The Criminal Law (Defence and the Dwelling) Bill 2010". Human Rights Ireland. Archived from the original on 8 April 2011. Retrieved 22 January 2021.
6. Natasha Reid (14 March 2018). "First murder case defended under Defence and the Dwelling Act ends in acquittal". Irish Legal News . Retrieved 22 January 2021.
7. "Section 1 - Interpretation". Irish Statute Book . Retrieved 22 January 2021.
8. "Section 2 - Justifiable use of force, etc". Irish Statute Book . Retrieved 22 January 2021.
9. "Section 3 - No obligation to retreat from dwelling". Irish Statute Book . Retrieved 22 January 2021.
10. "Section 5 - Civil liability". Irish Statute Book . Retrieved 22 January 2021.
11. "Section 6 - Amendment of Non-Fatal Offences Against the Person Act 1997". Irish Statute Book . Retrieved 22 January 2021.