Criminal Law (Defence And The Dwelling) Act 2011
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Criminal Law (Defence And The Dwelling) Act 2011
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 Síochána acting in their official capacity, any person assisted a member of the Gardaí, 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 compell them to abandon their dwelling. *Absolving those who use force as ...
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Oireachtas
The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the Bicameralism, bicameral parliament of Republic of Ireland, Ireland. The Oireachtas consists of: *The President of Ireland *The bicameralism, two houses of the Oireachtas ( ga, Tithe an Oireachtais): **Dáil Éireann (lower house) **Seanad Éireann (upper house) The houses of the Oireachtas sit in Leinster House in Dublin, an eighteenth-century Duke, ducal palace. The directly elected Dáil is by far the more powerful branch of the Oireachtas. Etymology The word comes from the Irish language, Irish word / ("deliberative assembly of freemen; assembled freemen; assembly, gathering; patrimony, territory"), ultimately from the word ("freeman"). Its first recorded use as the name of a legislative body was within the Irish Free State. Composition Dáil Éireann, the lower house, is directly elected under universal suffrage of all Irish citizens who are residents and at least eighteen years old. An election i ...
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Castle Doctrine
A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place (for example, a vehicle or home) as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up to and including deadly force) to defend oneself against an intruder, free from legal prosecution for the consequences of the force used. The term is most commonly used in the United States, though many other countries invoke comparable principles in their laws. Depending on the location, a person may have a duty to retreat to avoid violence if one can reasonably do so. Castle doctrines lessen the duty to retreat when an individual is assaulted within one's own home. Deadly force may either be justified, the burdens of production and proof for charges impeded, or an affirmative defense against criminal homicide applicable, in cases "when the actor reasonably fears i ...
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2011 In Irish Law
Eleven or 11 may refer to: *11 (number), the natural number following 10 and preceding 12 * one of the years 11 BC, AD 11, 1911, 2011, or any year ending in 11 Literature * ''Eleven'' (novel), a 2006 novel by British author David Llewellyn *''Eleven'', a 1970 collection of short stories by Patricia Highsmith *''Eleven'', a 2004 children's novel in The Winnie Years by Lauren Myracle *''Eleven'', a 2008 children's novel by Patricia Reilly Giff *''Eleven'', a short story by Sandra Cisneros Music *Eleven (band), an American rock band * Eleven: A Music Company, an Australian record label *Up to eleven, an idiom from popular culture, coined in the movie ''This Is Spinal Tap'' Albums * ''11'' (The Smithereens album), 1989 * ''11'' (Ua album), 1996 * ''11'' (Bryan Adams album), 2008 * ''11'' (Sault album), 2022 * ''Eleven'' (Harry Connick, Jr. album), 1992 * ''Eleven'' (22-Pistepirkko album), 1998 * ''Eleven'' (Sugarcult album), 1999 * ''Eleven'' (B'z album), 2000 * ''Eleven'' (Reamonn ...
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Children Act 2001
A child ( : children) is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The legal definition of ''child'' generally refers to a minor, otherwise known as a person younger than the age of majority. Children generally have fewer rights and responsibilities than adults. They are classed as unable to make serious decisions. ''Child'' may also describe a relationship with a parent (such as sons and daughters of any age) or, metaphorically, an authority figure, or signify group membership in a clan, tribe, or religion; it can also signify being strongly affected by a specific time, place, or circumstance, as in "a child of nature" or "a child of the Sixties." Biological, legal and social definitions In the biological sciences, a child is usually defined as a person between birth and puberty, or between the developmental period of infancy and puberty. Legally, the term ''child'' may refer to anyone below the a ...
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Tort Law
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ...
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Stand-your-ground Law
A stand-your-ground law (sometimes called "line in the sand" or "no duty to retreat" law) provides that people may use deadly force when they reasonably believe it to be necessary to defend against certain violent crimes (right of self-defense). Under such a law, people have no duty to retreat before using deadly force in self-defense, so long as they are in a place where they are lawfully present.Florida Statutes Title XLVI Chapter 776 The exact details vary by jurisdiction. The alternative to stand your ground is "duty to retreat". In jurisdictions that implement a duty to retreat, even a person who is unlawfully attacked (or who is defending someone who is unlawfully attacked) may not use deadly force if it is possible to instead avoid the danger with complete safety by retreating. Even areas that impose a duty to retreat generally follow the "castle doctrine", under which people have no duty to retreat when they are attacked in their homes, or (in some places) in their ve ...
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Garda Síochána
(; meaning "the Guardian(s) of the Peace"), more commonly referred to as the Gardaí (; "Guardians") or "the Guards", is the national police service of Ireland. The service is headed by the Garda Commissioner who is appointed by the Irish Government. Its headquarters are in Dublin's Phoenix Park. Since the formation of the in 1923, it has been a predominantly unarmed force, and more than three-quarters of the force do not routinely carry firearms. As of 31 December 2019, the police service had 14,708 sworn members (including 458 sworn Reserve members) and 2,944 civilian staff. Operationally, the is organised into four geographical regions: the East, North/West, South and Dublin Metropolitan regions. The force is the main law enforcement agency in the state, acting at local and national levels. Its roles include crime detection and prevention, drug enforcement, road traffic enforcement and accident investigation, diplomatic and witness protection responsibilities. It also pro ...
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Irish Legal News
Scottish Legal News (SLN) is a free online news service for the Scottish legal sector. Established in 2008, its daily content, distributed online and by email, includes a blackletter case law report as well as law firm announcements, such as appointments and promotions; legislative changes; international human rights stories; and events and job opportunities. A poll commissioned by the Law Society of Scotland The Law Society of Scotland is the professional governing body for Scottish solicitors. It promotes excellence among solicitors through the support and regulation of its members. It also promotes the interests of the public in relation to the ... in 2012 found that 76 percent of Scottish solicitors regularly read Scottish Legal News. The publication's editorials and surveys of the legal profession, on wide-ranging issues including Brexit, lawyers' safety, and major legal reforms, regularly attract wider press attention. The publication is edited by Kapil Summan and th ...
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RTÉ News And Current Affairs
(RTÉ) (; Irish for "Radio & Television of Ireland") is the national broadcaster of Ireland headquartered in Dublin. It both produces and broadcasts programmes on television, radio and online. The radio service began on 1 January 1926, while regular television broadcasts began on 31 December 1961, making it one of the oldest continuously operating public service broadcasters in the world. RTÉ also publishes a weekly listings and lifestyle magazine, the ''RTÉ Guide''. RTÉ is a statutory body, overseen by a board appointed by the Government of Ireland, with general management in the hands of the Executive Board, headed by the Director-General. RTÉ is regulated by the Broadcasting Authority of Ireland. RTÉ is financed by television licence fee and through advertising, with some of its services funded solely by advertising, while others are funded solely by the licence fee. Radio Éireann, RTÉ's predecessor and at the time a section of the Department of Posts and Telegraphs ...
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Non-Fatal Offences Against The Person Act 1997
#REDIRECT Non-Fatal Offences Against the Person Act 1997 #REDIRECT Non-Fatal Offences Against the Person Act 1997 {{R from other capitalisation ... {{R from other capitalisation ...
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The Irish Times
''The Irish Times'' is an Irish daily broadsheet newspaper and online digital publication. It launched on 29 March 1859. The editor is Ruadhán Mac Cormaic. It is published every day except Sundays. ''The Irish Times'' is considered a newspaper of record for Ireland. Though formed as a Protestant nationalist paper, within two decades and under new owners it had become the voice of British unionism in Ireland. It is no longer a pro unionist paper; it presents itself politically as "liberal and progressive", as well as being centre-right on economic issues. The editorship of the newspaper from 1859 until 1986 was controlled by the Anglo-Irish Protestant minority, only gaining its first nominal Irish Catholic editor 127 years into its existence. The paper's most prominent columnists include writer and arts commentator Fintan O'Toole and satirist Miriam Lord. The late Taoiseach Garret FitzGerald was once a columnist. Senior international figures, including Tony Blair and Bill Cl ...
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Death Of John Ward
On 14 October 2004, Pádraig Nally, an Irish farmer living in County Mayo, Republic of Ireland shot dead Irish Traveller John "Frog" Ward, who had been trespassing on his property. In November 2005 Nally was sentenced to six years' imprisonment for manslaughter. His conviction was quashed in October 2006 and, after a retrial in December 2006, he was found not guilty of manslaughter. First trial The Central Criminal Court decided to hear the Nally case in Castlebar, making it the first murder trial in Mayo for almost a century; the jury was chosen from a pool of more than 200 locals. Travellers' support groups criticised the bias because of the jury's composition, arguing that the murder trial should have been afforded a more independent and objective forum. A member of the Law Reform Commission concurred that there was strong case to have such trials take place in Dublin. Ward was a 43-year-old Traveller with approximately 80 convictions from 38 separate court appearances and h ...
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