IE
(LRC Revised)
Statutory Text (1 Articles)
Number 26 of 1997
NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997
REVISED
Updated to 31 December 2024
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
Non-Fatal Offences Against the Person 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
Family Courts Act 2024
(48/2024), enacted 13 November 2024, and all statutory instruments up to and including
the
Physiotherapists Registration Board Application for Registration Bye-Law 2025
(S.I. No. 2 of 2025), made 7 January 2025, 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
26
of
1997
NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997
REVISED
Updated to 31 December 2024
ARRANGEMENT OF SECTIONS
Section
1.
Interpretation.
1A.
Aggravation of certain offences by hatred.
2.
Assault.
2A.
Assault aggravated by hatred.
3.
Assault causing harm.
3A.
Non-fatal strangulation or non-fatal suffocation.
3B.
Assault causing harm aggravated by hatred.
4.
Causing serious harm.
4A.
Non-fatal strangulation or non-fatal suffocation causing serious harm.
4B.
Causing serious harm aggravated by hatred.
5.
Threats to kill or cause serious harm.
5A.
Threats to kill or cause serious harm aggravated by hatred.
6.
Syringe, etc., attacks.
7.
Offence of possession of syringe, etc., in certain circumstances and seizure thereof
by member of Garda Síochána.
8.
Placing or abandoning syringe.
9.
Coercion.
9A.
Coercion aggravated by hatred.
10.
Harassment.
10A.
Prohibition on publication or broadcast of certain material.
10B.
Harassment aggravated by hatred.
11.
Demands for payment of debt causing alarm, etc.
12.
Poisoning.
13.
Endangerment.
13A.
Endangerment aggravated by hatred.
14.
Endangering traffic.
15.
False imprisonment.
16.
Abduction of child by parent, etc.
17.
Abduction of child by other persons.
18.
Justifiable use of force; protection of person or property, prevention of crime, etc.
19.
Justifiable use of force in effecting or assisting lawful arrest.
20.
Meaning of “
use of force
” and related provisions.
21.
Amendment of section 6 of the Criminal Damage Act, 1991.
22.
General defences, etc.
23.
Consent by minor over 16 years to surgical, medical and dental treatment.
24.
Abolition of common law rule in respect of immunity of teachers from criminal liability
for punishing pupils.
24A.
Abolition of defence of reasonable chastisement.
25.
Evidential value of certain certificates signed by medical practitioners.
26.
Amendment of Schedule to Criminal Law (Jurisdiction) Act, 1976.
27.
Amendment of First Schedule to Extradition (Amendment) Act, 1994.
28.
Abolition of common law offences of assault and battery, kidnapping and false imprisonment.
29.
Amendment of section 9 of Criminal Law Act, 1997.
30.
Amendment of Schedule to Bail Act, 1997.
31.
Repeals.
32.
Short title and commencement.
SCHEDULE
Enactments Repealed
Acts Referred to
Bail Act, 1997
1997, No. 16
Criminal Damage Act, 1991
1991, No. 31
Criminal Justice (Hate Offences) Act, 2024
2024, No. 41
Criminal Law Act, 1997
1997, No. 14
Criminal Law (Jurisdiction) Act, 1976
1976, No. 14
Extradition (Amendment) Act, 1994
1994, No. 6
Medical Practitioners Act, 1978
1978, No. 4
Number
26
of
1997
NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997
REVISED
Updated to 31 December 2024
AN ACT TO REVISE THE LAW RELATING TO THE MAIN NON-FATAL OFFENCES AGAINST THE PERSON
AND TO PROVIDE FOR CONNECTED MATTERS. [19
th May
, 1997]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
Annotations
Modifications (not altering text)
C1
Application of Act extended (28.06.2000) by
Criminal Justice (Safety of United Nations Workers) Act 2000
(16/2000), s. 2 and sch. 2, commenced on enactment.
Offences against United Nations workers.
2.
—Where a
person does outside the State an act to, or in relation to, a United Nations
worker that, if done in the State, would constitute an offence specified in Part I
of the Second Schedule, he or she shall be guilty of an offence and liable on
conviction to the penalty to which he or she would have been liable if he or she
had done the act in the State.
...
SECOND SCHEDULE
Section 2
PART I
...
Non-fatal offences
4. Any offence under the following provisions of the Non-Fatal Offences against the
Person Act, 1997 —
(
a
) section 2
(assault);
(
b
) section 3
(assault causing harm);
(
c
) section 4
(assault causing serious harm);
(
d
) section 5
(threats to kill or cause serious harm);
(
e
) section 12
(poisoning);
(
f
) section 13
(endangerment);
(
g
) section 15
(false imprisonment).
...
Editorial Notes
E1
Some other legislation refers to offences under this Act as
disqualifying or potentially disqualifying offences, or as otherwise meriting
certain treatment. They include
•
Criminal Justice (Miscellaneous Provisions) Act 2023
(24/2023), s. 82
•
Greyhound Racing Act 2019
(15/2019), ss. 9, 44
•
Criminal Law (Extraterritorial Jurisdiction) Act 2019
(6/2019), s. 1
•
Domestic Violence Act 2018
(6/2018), s. 40
•
European Union (Passenger Name Record Data) Regulations 2018
(S.I. No. 177
of 2018)
•
Criminal Justice (Victims of Crime) Act 2017
(28/2017), s. 2(1)
•
Taxi Regulation Act 2013
(37/2013), ss. 10, 30, 31 and sch. part 2
•
National Vetting Bureau (Children and Vulnerable Persons) Act 2012
(47/2012), s. 14A and schs. 2, 3
•
Criminal Justice (Withholding of Information on Offences against Children and
Vulnerable Persons) Act 2012
(24/2012), ss. 2, 3 and schs. 1, 2
•
Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
(16/2012), s. 12
•
Road Transport Act 2011
(31/2011), s. 2
•
Broadcasting Act 2009
(18/2009), s. 139A and sch. 3
•
Criminal Justice Act 2007
(29/2007), ss. 25, 26 and sch. 2, s. 50
•
Criminal Justice Act 2006
(26/2006), ss. 101 and sch. 3, s. 183
•
Criminal Justice (Terrorist Offences) Act 2005
(2/2005), s. 11 and sch.
6
•
Children Act 2001
(24/2001), ss. 251, 253-257 and sch. 1
•
Criminal Justice Act 1993
(6/1993), s. 5
•
Electoral Act 1992
(23/1992), s. 15E(2)(b)
•
Criminal Evidence Act 1992
(12/1992), s. 12
•
Road Traffic Act 1968
(25/1968), s. 18A and sch. 2
Annotations
Modifications (not altering text)
C1
Application of Act extended (28.06.2000) by
Criminal Justice (Safety of United Nations Workers) Act 2000
(16/2000), s. 2 and sch. 2, commenced on enactment.
Offences against United Nations workers.
2.
—Where a
person does outside the State an act to, or in relation to, a United Nations
worker that, if done in the State, would constitute an offence specified in Part I
of the Second Schedule, he or she shall be guilty of an offence and liable on
conviction to the penalty to which he or she would have been liable if he or she
had done the act in the State.
...
SECOND SCHEDULE
Section 2
PART I
...
Non-fatal offences
4. Any offence under the following provisions of the Non-Fatal Offences against the
Person Act, 1997 —
(
a
) section 2
(assault);
(
b
) section 3
(assault causing harm);
(
c
) section 4
(assault causing serious harm);
(
d
) section 5
(threats to kill or cause serious harm);
(
e
) section 12
(poisoning);
(
f
) section 13
(endangerment);
(
g
) section 15
(false imprisonment).
...
Editorial Notes
E1
Some other legislation refers to offences under this Act as
disqualifying or potentially disqualifying offences, or as otherwise meriting
certain treatment. They include
•
Criminal Justice (Miscellaneous Provisions) Act 2023
(24/2023), s. 82
•
Greyhound Racing Act 2019
(15/2019), ss. 9, 44
•
Criminal Law (Extraterritorial Jurisdiction) Act 2019
(6/2019), s. 1
•
Domestic Violence Act 2018
(6/2018), s. 40
•
European Union (Passenger Name Record Data) Regulations 2018
(S.I. No. 177
of 2018)
•
Criminal Justice (Victims of Crime) Act 2017
(28/2017), s. 2(1)
•
Taxi Regulation Act 2013
(37/2013), ss. 10, 30, 31 and sch. part 2
•
National Vetting Bureau (Children and Vulnerable Persons) Act 2012
(47/2012), s. 14A and schs. 2, 3
•
Criminal Justice (Withholding of Information on Offences against Children and
Vulnerable Persons) Act 2012
(24/2012), ss. 2, 3 and schs. 1, 2
•
Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
(16/2012), s. 12
•
Road Transport Act 2011
(31/2011), s. 2
•
Broadcasting Act 2009
(18/2009), s. 139A and sch. 3
•
Criminal Justice Act 2007
(29/2007), ss. 25, 26 and sch. 2, s. 50
•
Criminal Justice Act 2006
(26/2006), ss. 101 and sch. 3, s. 183
•
Criminal Justice (Terrorist Offences) Act 2005
(2/2005), s. 11 and sch.
6
•
Children Act 2001
(24/2001), ss. 251, 253-257 and sch. 1
•
Criminal Justice Act 1993
(6/1993), s. 5
•
Electoral Act 1992
(23/1992), s. 15E(2)(b)
•
Criminal Evidence Act 1992
(12/1992), s. 12
•
Road Traffic Act 1968
(25/1968), s. 18A and sch. 2
Section
1.
Interpretation.
1A.
Aggravation of certain offences by hatred.
2.
Assault.
2A.
Assault aggravated by hatred.
3.
Assault causing harm.
3A.
Non-fatal strangulation or non-fatal suffocation.
3B.
Assault causing harm aggravated by hatred.
4.
Causing serious harm.
4A.
Non-fatal strangulation or non-fatal suffocation causing serious harm.
4B.
Causing serious harm aggravated by hatred.
5.
Threats to kill or cause serious harm.
5A.
Threats to kill or cause serious harm aggravated by hatred.
6.
Syringe, etc., attacks.
7.
Offence of possession of syringe, etc., in certain circumstances and seizure thereof
by member of Garda Síochána.
8.
Placing or abandoning syringe.
9.
Coercion.
9A.
Coercion aggravated by hatred.
10.
Harassment.
10A.
Prohibition on publication or broadcast of certain material.
10B.
Harassment aggravated by hatred.
11.
Demands for payment of debt causing alarm, etc.
12.
Poisoning.
13.
Endangerment.
13A.
Endangerment aggravated by hatred.
14.
Endangering traffic.
15.
False imprisonment.
16.
Abduction of child by parent, etc.
17.
Abduction of child by other persons.
18.
Justifiable use of force; protection of person or property, prevention of crime, etc.
19.
Justifiable use of force in effecting or assisting lawful arrest.
20.
Meaning of “
use of force
” and related provisions.
21.
Amendment of section 6 of the Criminal Damage Act, 1991.
22.
General defences, etc.
23.
Consent by minor over 16 years to surgical, medical and dental treatment.
24.
Abolition of common law rule in respect of immunity of teachers from criminal liability
for punishing pupils.
24A.
Abolition of defence of reasonable chastisement.
25.
Evidential value of certain certificates signed by medical practitioners.
26.
Amendment of Schedule to Criminal Law (Jurisdiction) Act, 1976.
27.
Amendment of First Schedule to Extradition (Amendment) Act, 1994.
28.
Abolition of common law offences of assault and battery, kidnapping and false imprisonment.
29.
Amendment of section 9 of Criminal Law Act, 1997.
30.
Amendment of Schedule to Bail Act, 1997.
31.
Repeals.
32.
Short title and commencement.
SCHEDULE
Enactments Repealed
Number
26
of
1997