(LRC Revised)

Number 14 of 1997

CRIMINAL LAW ACT 1997

REVISED

Updated to 31 December 2021

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Criminal Law Act 1997.

It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Maritime Area Planning Act

2021

(50/2021), enacted 23 December 2021, and all statutory instruments up to and

including the

Health (Residential Support Services Maintenance and Accommodation

Contributions) (Amendment) Regulations 2022

(S.I. No. 1 of 2022), made 2 January

2022, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

14

of

1997

CRIMINAL LAW ACT 1997

REVISED

Updated to 31 December

2021

ARRANGEMENT OF SECTIONS

Section

1.

Commencement.

2.

Interpretation.

3.

Abolition of distinction between felony and misdemeanour.

4.

Arrest without warrant.

5.

Arrest on warrant or order of committal.

6.

Entry and search of premises to effect an arrest.

7.

Penalties for assisting offenders.

8.

Penalty for concealing offence.

9.

Trial of offences.

10.

Powers of dealing with offenders.

11.

Abolition of penal servitude, hard labour and prison divisions.

12.

Abolition of corporal punishment.

13.

Amendment of particular enactments.

14.

Amendment of Defence Act, 1954.

15.

Savings and other general provisions.

16.

Repeals.

17.

Short title.

FIRST SCHEDULE

Amendment of Particular Enactments

SECOND SCHEDULE

Amendment of Defence Act, 1954

THIRD SCHEDULE

Enactments Repealed

Acts Referred to

Accessories and Abettors Act, 1861

24 & 25 Vict., c.94

Carriers Act, 1830

11 Geo. 4 & 1 W. 4, c.68

Civil Rights of Convicts Act, 1828

9 Geo. 4, c. 32

Coinage Offences Act, 1861

24 & 25 Vict., c.99

County Dublin Grand Jury Act, 1844

7 & 8 Vict., c.106

Courts-Martial Appeals Act, 1983

1983, No. 19

Criminal Costs (Dublin) Act, 1815

55 Geo. 3, c.91

Criminal Evidence Act, 1710

9 Anne, c.6

Criminal Justice Act, 1951

1951, No. 2

Criminal Justice Act, 1960

1960, No. 27

Criminal Justice Act, 1990

1990, No. 16

Criminal Justice Administration Act, 1914

4 & 5 Geo. 5, c.58

Criminal Justice (Community Service) Act, 1983

1983, No. 23

Criminal Law Amendment Act, 1885

48 & 49 Vict., c. 69

Criminal Law Amendment Act, 1935

1935, No. 6

Criminal Law (Rape) (Amendment) Act, 1990

1990, No. 32

Criminal Law (Sexual Offences) Act, 1993

1993, No. 20

Criminal Law (Suicide) Act, 1993

1993, No. 11

Criminal Procedure Act, 1851

14 & 15 Vict., c.100

Criminal Procedure Act, 1865

28 & 29 Vict., c.18

Criminal Procedure Act, 1967

1967, No. 12

Debtors Act (Ireland), 1872

35 & 36 Vict., c.57

Defence Act, 1954

1954, No. 18

Defence Acts, 1954 to 1993

Electoral Act, 1992

1992, No. 23

Forcible Entry Act, 1786

26 Geo. 3, c.24

Forfeiture Act, 1870

33 & 34 Vict., c.23

Forgery Act, 1861

24 & 25 Vict., c.98

Forgery Act, 1913

3 & 4 Geo. 5, c.27

Garrotters Act, 1863

26 & 27 Vict., c.44

General Prisons (Ireland) Act, 1877

40 & 41 Vict., c.49

Grand Jury (Ireland) Act, 1836

6 & 7 Will. 4, c.116

Habeas Corpus Act, 1781

21 & 22 Geo. 3, c.11

Hard Labour Act, 1822

3 Geo. 4, c.114

Hard Labour (Ireland) Act, 1826

7 Geo. 4, c.9

Infant Felons Act, 1840

3 & 4 Vict., c.90

Larceny Act, 1861

24 & 25 Vict., c.96

Larceny Act, 1916

6 & 7 Geo. 5, c.50

Local Government Act, 1994

1994, No. 8

Malicious Damage Act, 1861

24 & 25 Vict., c.97

Merchant Shipping Act, 1894

57 & 58 Vict., c.60

Offences against the Person Act, 1861

24 & 25 Vict., c.100

Official Secrets Act, 1963

1963, No. 1

Penal Servitude Act, 1857

20 & 21 Vict., c. 3

Penal Servitude Act, 1864

27 & 28 Vict., c.47

Penal Servitude Act, 1891

54 & 55 Vict., c.69

Prevention of Corruption Act, 1906

6 Edw. 7, c.34

Prevention of Crime Act, 1879

42 & 43 Vict., c.55

Prevention of Crime Act, 1908

8 Edw. 7, c.59

Prevention of Crimes Act, 1871

34 & 35 Vict., c.112

Prevention of Crimes Amendment Act, 1876

39 & 40 Vict., c.23

Prevention of Offences Act, 1851

14 & 15 Vict., c.19

Prison Act, 1898

61 & 62 Vict., c.41

Prisons Acts, 1826 to 1980

Prisons (Ireland) Act, 1856

19 & 20 Vict., c.68

Prisons (Visiting Committees) Act, 1925

1925, No. 11

Public Bodies Corrupt Practices Act, 1889

52 & 53 Vict., c.69

Rescue Act, 1821

1 & 2 Geo. 4, c.88

Riot Act, 1787

27 Geo. 3, c.15

Slave Trade Act, 1824

5 Geo. 4, c.113

Slave Trade Act, 1843

6 & 7 Vict., c.98

South Australia Act, 1842

5 & 6 Vict., c.61

Statute of Limitations, 1957

1957, No. 6

Summary Jurisdiction Over Children (Ireland) Act, 1884

47 & 48 Vict., c.19

Sunday Observance Act, 1695

7 Will. 3, c.17

Town Police Clauses Act, 1847

10 & 11 Vict., c.89

Trials for Felony Act, 1836

6 & 7 Will. 4, c.114

Vagrancy Act, 1824

5 Geo. 4, c.83

Whipping Act, 1820

1 Geo. 4, c.57

Whipping Act, 1862

25 & 26 Vict., c. 18

Number

14

of

1997

CRIMINAL LAW ACT 1997

REVISED

Updated to 31 December

2021

AN ACT TO ABOLISH ALL DISTINCTIONS BETWEEN FELONY AND MISDEMEANOUR AND TO AMEND AND

SIMPLIFY THE LAW IN RESPECT OF MATTERS ARISING FROM OR RELATED TO ANY SUCH DISTINCTION,

TO ABOLISH PENAL SERVITUDE, HARD LABOUR, PRISON DIVISIONS AND CORPORAL PUNISHMENT,

AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [22

nd April

, 1997]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

References to “judge-advocate” in collectively cited

Defence Acts 1954 to 2007

construed (1.09.2008) by

Defence (Amendment) Act 2007

(24/2007), s. 5, S.I. No. 254 of 2008.

References to judge advocate in certain Acts and instruments.

5.

— Every reference in the

Defence Acts 1954 to 2007

or in any instrument made under those Acts to a judge-advocate shall be read as a

reference to a military judge.

C2

Application of collectively cited

Defence Acts 1954 to 1979

extended and references construed (23.01.1980) by

Defence (Amendment) (No. 2) Act 1979

(28/1979), s. 2, S.I. No. 19 of 1980.

Application of Defence Acts, 1954 to 1979, to women.

2.

—The provisions of the Defence Acts, 1954 to 1979, and of any statutory instruments

made thereunder shall apply to women members of the Defence Forces holding commissioned

or non-commissioned rank and accordingly all words in those Acts and those instruments

importing a reference to persons of the male sex shall be construed as importing a

reference to persons of either sex.

Editorial Notes

E1

Persons under 18 years of age subject to military law under collectively cited

Defence Acts 1954 to 1998

not to be regarded as children (1.05.2002) for the purposes of

Children Act 2001

(24/2001), s. 271, S.I. No. 151 of 2002.

E2

Convictions or sentences substituted on appeal deemed for purposes of collectively

cited

Defence Acts 1954 to 1979

to be duly confirmed finding or sentence of court-martial (29.06.1983) by

Courts-Martial Appeals Act 1983

(19/1983), s. 20(1), commenced on enactment.

Annotations

Modifications (not altering text)

C1

References to “judge-advocate” in collectively cited

Defence Acts 1954 to 2007

construed (1.09.2008) by

Defence (Amendment) Act 2007

(24/2007), s. 5, S.I. No. 254 of 2008.

References to judge advocate in certain Acts and instruments.

5.

— Every reference in the

Defence Acts 1954 to 2007

or in any instrument made under those Acts to a judge-advocate shall be read as a

reference to a military judge.

C2

Application of collectively cited

Defence Acts 1954 to 1979

extended and references construed (23.01.1980) by

Defence (Amendment) (No. 2) Act 1979

(28/1979), s. 2, S.I. No. 19 of 1980.

Application of Defence Acts, 1954 to 1979, to women.

2.

—The provisions of the Defence Acts, 1954 to 1979, and of any statutory instruments

made thereunder shall apply to women members of the Defence Forces holding commissioned

or non-commissioned rank and accordingly all words in those Acts and those instruments

importing a reference to persons of the male sex shall be construed as importing a

reference to persons of either sex.

Editorial Notes

E1

Persons under 18 years of age subject to military law under collectively cited

Defence Acts 1954 to 1998

not to be regarded as children (1.05.2002) for the purposes of

Children Act 2001

(24/2001), s. 271, S.I. No. 151 of 2002.

E2

Convictions or sentences substituted on appeal deemed for purposes of collectively

cited

Defence Acts 1954 to 1979

to be duly confirmed finding or sentence of court-martial (29.06.1983) by

Courts-Martial Appeals Act 1983

(19/1983), s. 20(1), commenced on enactment.

Section

1.

Commencement.

2.

Interpretation.

3.

Abolition of distinction between felony and misdemeanour.

4.

Arrest without warrant.

5.

Arrest on warrant or order of committal.

6.

Entry and search of premises to effect an arrest.

7.

Penalties for assisting offenders.

8.

Penalty for concealing offence.

9.

Trial of offences.

10.

Powers of dealing with offenders.

11.

Abolition of penal servitude, hard labour and prison divisions.

12.

Abolition of corporal punishment.

13.

Amendment of particular enactments.

14.

Amendment of Defence Act, 1954.

15.

Savings and other general provisions.

16.

Repeals.

17.

Short title.

FIRST SCHEDULE

Amendment of Particular Enactments

SECOND SCHEDULE

Amendment of Defence Act, 1954

THIRD SCHEDULE

Enactments Repealed

Number

14

of

1997