THERE IS no comprehensive list of criminal offences in Ireland, writes Newton Emerson
The Department of Justice has established a quango to compile one, but it estimates that the project could take up to 10 years to complete.
This may explain why certain offences seem to slip certain minds in certain circumstances. In the coming weeks, forgetful police officers, prosecutors and Ministers might find the following reminders useful:
1. Defilement of a child
Under the Criminal Law (Sexual Offences) Act 2006, it is an offence to defile a child younger than 15. The maximum penalty is life imprisonment. It is also an offence to defile a child younger than 17. The maximum penalty is five years' imprisonment, rising to 10 for those "in authority".
2. Reckless endangerment
Under the Criminal Justice Act 2006, it is an offence for anyone with "authority or control over a child or abuser" to place a person under 18 in a situation which creates a risk of abuse. It is also an offence to fail to take "reasonable steps" against a known risk. The maximum penalty is an unlimited fine or 10 years' imprisonment.
3. Cause or allow harm
Under the Children Act 2001, it is an offence to assault, ill-treat or neglect a child or to cause, procure or allow a child to be so treated. The maximum penalty is a €10,000 fine and seven years' imprisonment.
4. Cause or encourage abuse
Also under the Children Act 2001, it is an offence to cause or encourage sexual activity involving a child under 17. The maximum penalty is a €25,000 fine and 10 years' imprisonment.
5. Reckless harm
Under the Non-Fatal Offences Against the Person Act 1997, it is an offence to recklessly cause serious harm to anyone. The maximum penalty is an unlimited fine and life imprisonment.
6. Assisting offenders
Under the Criminal Law Act 1997, any person who aids, abets, counsels or procures the commission of an indictable offence may be indicted, tried and punished as a principal offender.
7. Concealing an offence
Also under the Criminal Law Act 1997, any person knowing or believing that an offence has been committed must disclose that information to assist a prosecution
The maximum penalty for not doing so is three years' imprisonment.
8. Obstructing justice
Under the Criminal Justice Act 1951, as amended by the Criminal Justice (Miscellaneous Provisions) Act 1997, it is an indictable offence to commit "any form of obstruction of the administration of justice or the enforcement of the law".
9. Corporate liability
Under the Criminal Justice Act 2006 and the Prevention of Corruption (Amendment) Act 2001, an organisation may be held fully liable for an offence committed through the consent, connivance or wilful neglect of any "officer of the body corporate".
10. Effect on the victim
Under the Criminal Justice Act 1993, sentencing must take account of the effect of a sexual offence upon the victim. Offenders may also be compelled to pay compensation.
Of course, some organisations believe that their own laws take precedence over those of the Oireachtas, and that their members do not need to recognise Irish courts.
A full set of measures to deal with such organisations can be found in the Offences Against the State Act, 1998.