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. The act explicitly enshrines the castle doctrine into Irish law. It was first used as a defence in 2018.
Provisions
The provisions of the act include:
- Explicitly laying down that it is not an offence for a person in their dwelling, 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.
- Ensuring that the castle doctrine does not apply to a member of the Garda SÃÂochána acting in their official capacity, any person assisting a member of the GardaÃÂ, or a person lawfully performing a function permitted by law.
- Allowing a person to stand their ground and ensuring that nothing within the act should compel them to abandon their dwelling.
- Absolving those who use force as outlined in the act to repel a trespasser of liability in tort cases arising from their actions.
- 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.
Notes
References