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- Criminal Justice (Miscellaneous Provisions) Bill 2022 approved by Government.
- Increased maximum sentence for assault causing harm – a common domestic abuse charge.
- Bill makes stalking and non-fatal strangulation stand-alone offences.
Courts will be able to issue civil restraining orders against stalkers as part of a new Bill from the Minister for Justice, Helen McEntee TD. These orders do not require a criminal prosecution and are easier for victims to obtain.
Minister McEntee has secured Government approval for the Criminal Justice (Miscellaneous Provisions) Bill 2022. The Bill will now be brought before the Oireachtas and is expected to become law in the Autumn.
The wide-ranging Bill will also increase the maximum sentence for assault causing harm from five years to 10 years, allow life sentences for conspiracy to murder, make stalking and non-fatal strangulation standalone offences, and expand the existing harassment offence.
Minister McEntee said, “I have launched ‘Zero Tolerance’, the new national strategy on domestic, sexual and gender-based violence last month and a key aspect is reforming criminal law in this area, and this legislation is timely and important.
Stalking is an extremely serious and intrusive crime that can cause devastating psychological distress.
The evidence is that when a specific stalking offence is introduced, it leads to a greater awareness of the crime and an increase in the number of crimes reported and ultimately prosecuted – so we are doing that.
But this legislation also includes an important system of civil orders to restrain stalking behaviour and protect victims. These orders allow earlier intervention and do not require a criminal prosecution.
The new orders also go further than what is possible under domestic violence legislation in terms of who an order can be made against (i.e. not just close relationships) and the kind of conduct that can be prohibited by the court.
The aim of the Strategy is to bring about changes in attitudes and in systems to ensure there is zero tolerance in Irish society for domestic, sexual and gender-based violence, and I believe this legislation is a significant step”.
The new system of civil orders is important as these target stalking at an early stage, before it progresses to the level of seriousness seen in some of the criminal convictions.
The changes to the harassment offence are also important as it has been significantly expanded to cover any persistent conduct that seriously interferes with a person’s peace and privacy, or causes alarm, distress of harm.
The new stand-alone stalking offence is likely to be the most serious charge. This new offence covers any conduct that either puts the victim in fear of violence or causes the victim serious alarm and distress that has a substantial adverse impact on their usual day-to-day activities. A wide list of possible acts is included – such as following, communicating, impersonating, interfering with property or pets etc. However, this list is not exhaustive.
The new stalking offence can be committed by a single act – it does not need to be persistent or repeated. It also covers situations where the person finds out about some or all of the stalking acts afterwards.
The maximum penalty for this offence will be 10 years.
The Bill also provides for the creation of two stand-alone offences for non-fatal strangulation.
The first provides that where an assault involves strangulation it has, without any other harm being shown, the same penalties as an assault causing harm offence, which is being increased to 10 years.
The second offence provides that where the strangulation caused serious harm, the maximum penalty is life imprisonment. This is similar to the existing offence of causing serious harm.
International research suggests that a history of strangulation presents a seven fold increase in the risk of death. Internationally, strangulation is the second-most common method of killing in adult female homicides (after stabbing).
Research also highlights that non-fatal strangulation is frequently used as a tool of coercion, often accompanied by threats to kill.
Minister McEntee added, “Non-fatal strangulation is a common feature of domestic abuse and is a strong predictor of further violent offences. It can also be difficult to prosecute at an appropriate level of seriousness where there is no visible injury.
The Garda Commissioner has specifically requested the introduction of a new offence, and it also reflects recent international practice. This proposal will help ensure that assaults involving strangulation are properly identified, charged and punished”.
The Criminal Justice (Miscellaneous Provisions) Bill 2022 will increase the maximum sentence from five years to 10 years for the offence of assault causing harm
Assault causing harm is one of the most common charges in cases of domestic abuse. While a life sentence can be imposed for an assault causing serious harm, this only covers a very limited subset of the worst assaults.
Minister McEntee further added, “Most assaults can only be prosecuted at the lower levels, especially where the victim has fully or mostly recovered.
Even where a judge considers the offence as among the most serious, they are limited in their sentencing to five years, and may have to reduce that further to reflect mitigating factors such as a guilty plea.
Other provisions in the Bill include amendments to the offence of conspiracy to murder which ensures that a penalty of up to a life sentence may be imposed.
The creation of this new offence and the imposition of a life sentence for it underlines the Government’s commitment to tackling serious crime and will ensure that An Garda Síochána and our Courts have the tools they need to take firm and decisive action to deal with our most serious criminals”.
Danger.
Text messages are currently circulating around Co. Tipperary presently, coming from Telephone Number +353852834046.
The text message will state:
“HSE : You have been in contact with someone who has the COV-19 Variant.
Follow instructions here. [A link is then shown ending in .com/?booking] to order a testing kit.“
On NO condition should you click on this link highlighted. Delete the message immediately from your incoming message folder.
If in doubt, keep in mind that the HSE do not use the domain name .com in any of their online addresses.
Thurles Gardaí and the HSE Help Desk have been notified.
World Day Against Trafficking In Persons – New Legislation Welcomed.
- Bill will put make it easier for victims of trafficking to come forward.
- A new National Referral Mechanism will be put on statutory footing – a significant advance in identifying and supporting victims of trafficking.
- The theme of this year’s World Day Against Trafficking in Persons is ‘the use and abuse of technology’.
The Minister for Justice, Mrs Helen McEntee TD, has welcomed Government approval of the drafting of new legislation that will better support victims of human trafficking; as she marks this year’s “World Day against Trafficking in Persons”.
The Criminal Justice (Sexual Offences and Human Trafficking) Bill 2022, the General Scheme of which was approved by Cabinet this week, will put a revised National Referral Mechanism on a statutory footing, making it easier for victims of trafficking to come forward, be identified, and access support.
This will widen the number of bodies and organisations victims of trafficking can come forward to and report what is happening to them. Currently, An Garda Síochána is the only organisation, or competent authority, victims can report to.
In addition to An Garda Síochána; it is being proposed that the Department of Justice, the Department of Social Protection, the HSE, Tusla, the Department of Children, Equality, Disability, Integration and Youth and the International Protection Accommodation Services (IPAS) will also become competent authorities for the identification of victims of human trafficking.
In addition, some NGOs will be designated as ‘trusted partners’ and will also be able to refer victims, which creates an alternative and trusted pathway to enter the NRM, aside from through interaction with State agencies.
Minister McEntee said: “Today is a timely reminder of the terrible reality that too many people worldwide continue to suffer at the hands of traffickers, and that we must continue our efforts to combat this abhorrent crime.
The revised National Referral Mechanism, approved by Government earlier this week, will make a significant difference to Ireland’s capacity to identify and support harder-to-reach human trafficking victims.
This new approach acknowledges that many victims of human trafficking may not feel comfortable coming forward to police services, perhaps because of previous experiences in other countries. We will make it easier for victims to seek help by increasing the number of organisations they can report to – and this includes non-government organisations.
It will allow all agencies, both State and civil society, to co-operate, identify and share information about potential victims and facilitate their access to advice, accommodation and support.”
There have been a number of significant developments recently in the fight against human trafficking here including:
- The first convictions, in September of last year, for human trafficking.
- The development of a new National Action Plan on Human Trafficking.
- An increase in funding dedicated specifically to supporting victims of trafficking, and for public awareness and prevention efforts.
Working with the International Organisation for Migration and others, the Department of Justice has taken proactive steps to raise awareness of – and mitigate any potential risk of – trafficking, as people escape the war in Ukraine.
Minister McEntee added, “The mass movement of people across Europe over the past five months has served only to concentrate minds and deepen our resolve to help. We have seen this on a national level and at EU level.
Ireland is determined to play its full part in providing safe refuge for the people fleeing from Ukraine and the Irish people have afforded a warm welcome to tens of thousands.
However, we are also mindful that some will view it as an opportunity to deceive and exploit.
We welcome the coordination across the EU to counter the serious and organised crime threats linked to the war, particularly those targeting the vulnerable and most at risk of exploitation”.
The theme of the UN’s World Day against Trafficking in Persons 2022 is the use and abuse of technology, with technology having significantly exacerbated exploitation and trafficking. This ranges from technology being used to recruit victims to technology being used to advertise women and girls on adult services platforms.
Minister McEntee paid tribute to a wide range of partners across the public service, latter providing care and practical support to trafficking victims including; An Garda Síochána, the HSE, the Legal Aid Board, the Immigration Service, and Tusla, as well as NGOs funded by the Department to provide support.
The Garda Inspectorate has recently launched a consultation on transnational organised crime, which will seek views and experiences from victims and stakeholders on how An Garda Síochána tackles transnational organised crime, including trafficking. The consultation can be accessed through links found on the Garda Inspectorate website at www.gsinsp.ie and on its social channels.
Further information can be found on the Department of Justice’s dedicated anti trafficking website HERE
Yesterday, the Court of Appeal greatly increased the sentence handed down to a west Tipperary drug dealer; latter caught red-handed with over €1m in cash and drugs, including 5kg of cocaine located in a potato sack.
The Director of Public Prosecutions had appealed against the sentence handed down to Mr James Curtis, aged 51 years, on the grounds that it was too lenient.
A three-judge court found that the five-and-a-half year sentence imposed on Mr Curtis, latter with an address at Reiska, Kilcommon, Thurles, Co. Tipperary, was not appropriate and a more severe sentence should have been initially imposed.
Mr Justice George Birmingham, in delivering the judgment, quashed the previous Nenagh Circuit Court sentence and increased same to one of 10 years detention, backdated to October 30th, 2020, when Mr Curtis was first arrested.
Gardaí had observed Mr Curtis leaving his residence in Reiska, Kilcommon, Thurles, under the cover of darkness and without the aid of a flashlight, on the same date, October 30th, 2020; walking along a secluded country road before crossing into a field, were he was found to be in possession of €1 million in cash and drugs, and to which he had pleaded guilty.
Government approves publication of General Scheme of Bill which will strengthen law on consent in rape cases and support victims in sexual violence and human trafficking cases.
- Bill will change the current situation where a man is not guilty of rape if he honestly believed that he had the consent of a woman.
- Bill puts National Referral Mechanism on statutory footing – a significant advance in identifying and supporting victims of trafficking.
- Also ensures anonymity for victims in all trials for sexual offences and will extend the victim’s right to separate legal representation.
The Minister for Justice, Helen McEntee TD, has secured Government approval to publish the General Scheme of the Criminal Justice (Sexual Offences and Human Trafficking) Bill 2022.
The Bill will strengthen the law on consent, knowledge and belief in rape cases by changing the current situation where a man is not guilty of rape if he honestly believed that he had consent. Under the new proposals, the accused’s defence that he believed she was consenting has to be objectively reasonable; that his belief was one that a reasonable person would have held in the circumstances.
Minister McEntee said,
“This is a very important and timely piece of legislation that will mean juries should have regard to the steps the accused took to check whether the woman is consenting, as well as the accused’s decision making capacity at that time.
Currently the accused’s own subjectively honest but mistaken belief that the woman was consenting is a defence to rape. This needs to change.
The changes I am bringing forward today progresses policy commitments I have made in key plans, such as Supporting a Victim’s Journey and Zero Tolerance; the third national strategy on domestic, sexual and gender based violence”.
The new Bill will amend the fault or mental element of the rape offence by adding that the accused commits rape if, at the time of the sexual intercourse, he does not “reasonably believe” that the woman was consenting.
This would be an objective test, and would be in addition to the present definition of rape (i.e. where the accused knows that the woman is not consenting or is subjectively reckless as to whether she is consenting).
The Bill will also provide greater protections and supports to victims of sexual crimes and human trafficking, including putting the National Referral Mechanism on a statutory footing and ensuring anonymity for victims in all sexual offences trials.
It also removes the final legislative barriers to Ireland’s ratification of the Second Optional Protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.
Speaking after Cabinet, Minister McEntee said,
“This Bill will ensure that greater protections and supports will be provided to victims of sexual crimes and victims of human trafficking.
Most of these victims are, unfortunately, women and children.
I also believe that these proposals will reduce the risk of re-traumatisation and will ensure that victims have the supports in place to allow the healing process to begin”.
The revised National Referral Mechanism will make a significant difference to Ireland’s capacity to identify and support harder-to-reach human trafficking victims.
It will allow all agencies, both State and civil society, to co-operate, identify and share information about potential victims and facilitate their access to advice, accommodation and support.
Currently, when suspected victims of human trafficking are encountered by, or referred to, An Garda Síochána, they are provided with a wide range of services by both the Government and NGOs through the NRM.
Many victims – for very understandable reasons – will not approach the police, but may be much more comfortable approaching a different state body, or an NGO.
The new approach acknowledges other state bodies and NGOs have a role in identifying victims of human trafficking and referring them to the NRM.
Minister McEntee added,
“This is a clear demonstration of Ireland’s commitment to identifying and supporting victims of this abhorrent crime and it will strengthen our international reputation in this area.
Last week’s announcement by the US State Department that Ireland had been removed from the Tier 2 Watchlist in its latest Trafficking in Persons (TIP) report was very positive, and by legislating to put the NRM on a statutory footing, I’m confident that our standing internationally will be further improved in advance of the next report.
My Department has worked very closely with a number of NGOs that support victims of human trafficking in developing the policy proposals for the new NRM and in developing a new National Action Plan on Human Trafficking. The Department will reconvene the working group of NGOs and other stakeholders shortly to get the benefit of their advice on the details of the General Scheme and I look forward to their input”.
As part of the ongoing reform of the criminal justice system to make it more supportive of victims, the new Bill will also introduce additional safeguards for victims of sexual offences as recommended by the Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offence conducted by an expert working group, led by Professor Tom O’Malley. Recommendations from this Review are being taken forward in Supporting A Victim’s Journey: A Plan to Help Victims and Vulnerable Witnesses in Sexual Violence Cases which the Minister launched in August 2020.
The provisions being legislated for through this Bill will ensure anonymity for victims in all trials for sexual offences and will extend the victim’s right to separate legal representation if, for example, they are being questioned about their previous sexual history. This will provide for stronger protections for victims of sexual crime, who are predominantly women and children.
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