The Criminal Law (Defence and the Dwelling) Act 2011 is an act of the

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 ...

which clarifies the law around self-defence in the home after the case around the

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 f ...

. The act explicitly enshrines the

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 ...

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

does not apply to a member of the

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 Gover ...

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 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 #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 ...

so as to apply the Children Act 2001 to it and to clarify other points of law.

Notes

References

{{DEFAULTSORT:Criminal Law (Defence and the Dwelling) Act 2011 2011 in Irish law Acts of the Oireachtas of the 2010s Stand-your-ground law