Malicious Injuries Act , 1981

PART I Preliminary and General

1 Short title and commencement.

1.—(1) This Act may be cited as the Malicious Injuries Act, 1981.

(2) This Act shall come into operation six months after the date of its passing.

2 Interpretation.

2.—In this Act—

“damage”, in relation to property, includes the total or partial destruction of the property and any injury thereto;

“local authority” means the council of a county or the corporation of a county borough;

“the Minister” means the Minister for Justice;

“property” includes wild animals in captivity and incorporeal here-ditaments (including easements, profits a prendre and other rights) but not a mere pleasure or amenity;

“ship” includes every description of vessel, boat and other craft, whether or not propelled by oars.

3 Application.

3.—This Act shall not have effect in relation to damage caused or loss suffered before the commencement of this Act.

4 Repeals.

4.—(1) The enactments set out in the Schedule are hereby repealed to the extent specified in column (3).

(2) The repeal of the provisions of the Local Government (Ireland) Act, 1898, and the Courts (Supplemental Provisions) Act, 1961, specified in column (3) of the Schedule shall not have effect in so far as those provisions relate to section 106 of the Grand Jury (Ireland) Act, 1836.

PART II Compensation for Malicious Damage to Property and for Loss of Property Unlawfully Taken during Riot

5 Right to compensation for malicious damage to property. [New in pt. cf. 1836 (c. 116) s. 135; 1848 (c. 69) s. 2; 1853 (c. 38) s. 1; 1894 (c. 60) s. 515; 1898 (c. 37) s. 5]

5.—(1) Where damage, the aggregate amount of which exceeds one hundred pounds, is maliciously caused to property, the person who suffers the damage shall be entitled to obtain compensation from the local authority in accordance with this Act.

(2) For the purpose of subsection (1), damage shall be taken to be maliciously caused only if caused—

(a) by a wrongful act done intentionally without just cause or excuse, or

(b) wantonly, or

(c) unlawfully by three or more persons unlawfully, riotously or tumultuously assembled together, or

(d) in the course of, whether or not for the purpose of, the committing of a crime against the property damaged.

(3) Subsection (1) shall extend to damage to property which is within any harbour or within one mile beyond the coastal boundary of a local authority area or which, having been unlawfully taken, is removed from within any harbour or such one mile.

(4) The right to compensation given by this section shall be limited to compensation for the actual damage caused and shall not extend to compensation for any loss consequential on such actual damage and, in particular, shall not extend to compensation for the loss of the use of the property damaged.

6 Right to compensation for unlawful taking of property during riot. [New]

6.—(1) Where three or more persons who are tumultuously and riotously assembled together maliciously cause damage, the aggregate amount of which exceeds one hundred pounds, to a building or to property within the curtilage of a building and, in the course of the riot, any property is unlawfully taken from the building, the person who suffers the loss of the property taken shall be entitled to obtain compensation from the local authority in accordance with this Act.

(2) For the purpose of subsection (1), damage shall be taken to be maliciously caused only if caused by a wrongful act done intentionally without just cause or excuse or wantonly.

(3) Subsection (1) shall also have effect in relation to a ship which is within any harbour or within one mile beyond the coastal boundary of a local authority area, to property on board such ship and to the unlawful taking of such property during a riot.

(4) The right to compensation given by this section shall be limited to compensation of an amount equal to the value of the property taken and shall not extend to compensation for any loss consequential on the taking of the property and, in particular, shall not extend to compensation for the loss of the use of the property taken.

7 Damage by person of unsound mind or child. [New in pt.]

7.—It shall not be a defence to an application for compensation under this Act merely to show that the damage to which the application relates was caused by a person of unsound mind or by a child.

8 Notice of intention to claim compensation. [New in pt. cf. R.C.C. O. 52, r. 3]

8.—(1) A person seeking compensation under this Act shall, within fourteen days after, as the case may be, the damage was caused or the property was taken, serve, in accordance with this section, preliminary notice, in such form as may be prescribed by regulations made by the Minister, of his intention to apply for compensation.

(2) The preliminary notice shall be served—

(a) in the case of damage to property (other than property to which paragraph (b) or (c) relates) and in the case of loss of property unlawfully taken during a riot (other than loss to which paragraph (d) relates), upon the local authority for the area in which the damage was caused or the property was taken and upon the member in charge of the Garda Síochána station for the place where the damage was caused or the property was taken;

(b) in the case of damage to property which, having been unlawfully taken, was removed from the area of one local authority to the area of another local authority, upon the local authority for the area from which it was removed and upon the member in charge of the Garda Síochána station for the place from which it was removed;

(c) in the case of damage to property which is within any harbour or within one mile beyond the coastal boundary of a local authority area or which, having been unlawfully taken, was removed from within any harbour or such one mile, upon the local authority for the place on shore nearest the place where the damage was caused or from which the property was removed and upon the member in charge of the Garda Síochána station for that place on shore;

(d) in the case of loss of property unlawfully taken during a riot from a ship which is within any harbour or within one mile beyond the coastal boundary of a local authority area, upon the local authority for the place on shore nearest the place where the property was taken and upon the member in charge of the Garda Síochána station for that place on shore.

(3) The preliminary notice shall give particulars of the time and place, so far as they may reasonably be ascertained, at which the damage was caused or the property was taken and a description of the property concerned and shall state the nature and amount of the damage or the value of the property taken, as the case may be.

9 Application for compensation. [cf. 1898 (c. 37) s. 5 (3)]

9.—(1) A person who has served a preliminary notice in accordance with section 8 may make an application to the court for compensation.

(2) The application shall be brought against the local authority upon which the preliminary notice has been served.

10 Joinder of other local authority in proceedings. [New in pt cf.1898 (c. 37) s. 5 (3)]

10.—(1) A local authority upon which a preliminary notice under section 8 has been served may, within fourteen days after service of the notice or such further period as may be directed by the court, notify any other local authority that it intends to request the court to order that any compensation awarded shall be paid, either in whole or in part, out of the funds of such other local authority and a local authority so notified shall thereupon become a party to the proceedings.

(2) Any ratepayer of a local authority which is a party to the proceedings shall be entitled to appear at the hearing of an application for compensation under this Act and be heard by the court in relation thereto.

11 Award of compensation. [New in pt. cf. 1836 (c. 116) ss. 135. 140; 1898(c. 37) s.5(2)]

11.—(1) The court, on hearing an application for compensation under this Act, if satisfied that the applicant is entitled to compensation, shall award compensation.

(2) Where there is only one local authority which is a party to the proceedings, the court shall order that the compensation shall be paid out of the funds of that local authority.

(3) Where there is more than one local authority which is a party to the proceedings, the court may order that the compensation shall be paid out of the funds of such local authority or local authorities as shall be specified in the order and, where two or more local authorities are so specified, may order that the compensation shall be paid in such proportions as to the court seems proper.

12 Reduction or exclusion of compensation. [New]

12.—(1) In determining an application for compensation under this Act, the court may reduce the amount of the compensation it would otherwise award by such sum as it thinks just and equitable having regard to the general conduct, in the circumstances, of the person who suffered the damage or loss to which the application relates, including, in particular, his conduct as respects any precautions which might reasonably have been taken by him to avoid the damage or loss.

(2) The court shall reduce by one hundred pounds the amount of the compensation it would, but for this subsection, award to an applicant for compensation under this Act, so however that no applicant may suffer such reduction in respect of more than one claim under this Act for the same property as a result of acts occurring during any period of twelve months.

(3) Compensation shall not be payable under this Act—

(a) where it is proved to the satisfaction of the court that the person who suffered the damage or loss to which the application relates connived at, assisted in or actively facilitated the causing of the damage or loss or was, at or about the time the damage was caused or the loss was suffered, associated with, combined with or in league with the person by whom the damage or loss was caused;

(b) in respect of so much of the damage or loss as, in the opinion of the court, is attributable to any neglect or failure on the part of the person who suffered the damage or loss to take reasonable steps to minimise the extent thereof;

(c) in respect of any damage or loss to the extent that compensation therefor has been recovered under any other statutory provision or under the common law or to the extent that reparation therefor has otherwise been made by or on behalf of the person who caused the damage or loss;

(d) in respect of damage to or loss of—

(i) coins, legal tender notes, bank notes, or currency of any country, any postal orders or post office money orders or any postage or other adhesive stamps, or

(ii) articles of personal ornament (including watches and jewellery) kept otherwise than as part of stock-in-trade, or

(e) in respect of damage to an unauthorised structure within the meaning of the Local Government (Planning and Development) Acts, 1963 and 1976, or to a structure in respect of which a notice under section 31, 32 or 35 of the Local Government (Planning and Development) Act, 1963, has been served and is in force or a notice or order under section 26 or 27 of the Local Government (Planning and Development) Act, 1976, has been served or made and is in force.

13 Court in which application is to be brought. [New in pt. cf. 1898 (c. 37) s. 5 (3); 1961 (No. 39) Fourth Schedule at Ref. No. 53]

13.—(1) Subject to subsections (2) and (3), every application for compensation under this Act shall be brought—

(a) if the amount claimed does not exceed two thousand five hundred pounds, in the District Court in the district court district in which the damage or loss to which the application relates was caused, and

(b) if the amount claimed exceeds two thousand five hundred pounds, in the Circuit Court in the circuit court circuit in which the damage or loss to which the application relates was caused.

(2) In the case of an application for compensation for damage to property, if the property, having been unlawfully taken, was removed from one district court district to another or from one circuit court circuit to another, the application shall be brought in the District Court in the district court district or in the Circuit Court in the circuit court circuit, as the case may require, from which the property was removed.

(3) In the case of an application for compensation—

(a) for damage to property which is within any harbour or within one mile beyond the coastal boundary of a local authority area or which, having been unlawfully taken, was removed from within any harbour or such one mile, or

(b) for the loss of property unlawfully taken during a riot from a ship within any harbour or such one mile,

the application shall be brought in the District Court in the district court district or in the Circuit Court in the circuit court circuit, as the case may require, in which the place on shore nearest the place where the damage was caused or from which the property was removed or taken is situate.

14 Rules of court. [cf. 1898 (c 37) s. 5(7)]

14.—(1) An application for compensation under this Act shall not be made except in accordance with rules of court.

(2) Rules of court regulating the practice and procedure in relation to such applications shall provide that non-compliance therewith shall not render any proceedings void unless the court shall so direct.

(3) The court may, in relation to any act or proceedings under this Act or under rules of court made for the purposes of this Act, extend the time for, set aside either wholly or in part, amend or otherwise deal with in such manner and on such terms as the court may think just, such act or proceedings.

15 Costs. [New in pt. cf. 1898 (c. 37) s.5(6)]

15.—(1) The court may award costs to or against any party to any proceedings under this Act and to or against any ratepayer appearing at a hearing by virtue of section 10 (2) or 17 (4) and rules of court in relation to costs, except in so far as they provide for costs and fees applicable by virtue of regulations under subsection (2), shall apply in proceedings under this Act.

(2) The Minister may, with the consent of the Minister for Finance, make regulations setting out the scales of solicitors' costs and fees of counsel which will be applicable where the costs of an application for compensation under this Act are payable by a local authority, and the power of any rule-making committee to make rules of court shall be limited accordingly.

16 Settling of claims and lodgments. [New]

16.—(1) A local authority may settle any claim brought against it by way of an application for compensation under this Act at any time before the application is determined by the court.

(2) A local authority in proceedings against it under this Act may lodge moneys in court and the rules of court relating to lodgments in civil actions (including the provisions relating to costs in the case of a lodgment) shall apply.

(3) (a) Where a local authority by which compensation is payable under this Act receives notice of any assignment, mortgage or charge, or of any act or event in the law, affecting such compensation, the local authority may pay the amount of the compensation into court and such payment shall to the extent thereof be a sufficient discharge to the local authority.

(b) The court may make such order as it deems proper for the disbursement of any moneys (including any interest or dividends thereon) paid into it under paragraph (a).

17 Appeals. [New in pt. cf. 1898 (c. 37) s. 5 (4)]

17.—(1) An appeal by way of a re-hearing shall lie against a decision of the District Court to the Circuit Court and against a decision of the Circuit Court to the High Court on an application for compensation under this Act.

(2) An appeal may be against the grant of an award, the amount of an award or the refusal of an award.

(3) An appeal against the grant of an award or an appeal seeking a reduction of the amount of an award may be taken by the local authority against which the application was brought, by any other local authority that was a party to the proceedings or by any ratepayer entitled by virtue of section 10 (2) to appear and be heard.

(4) Any ratepayer who is entitled by virtue of section 10 (2) to appear and be heard at the hearing of an application for compensation under this Act shall be entitled also to appear and be heard at the hearing of an appeal against a decision on such application.

18 Cases stated for opinion of Supreme Court. [New in pt. cf. 1857 (c. 43) ss. 2.4; 1961 (No. 39) ss. 51, 52; 1947 (No. 20) s. 16]

18.—(1) (a) A court hearing any proceedings under this Act may, on its own motion or, if it so thinks proper, at the request of the applicant, a local authority which is a party to the proceedings or any ratepayer entitled by virtue of section 10 (2) to appear and be heard in the proceedings, state a case for the opinion of the Supreme Court on any question of law arising during the hearing and may make such order as to costs in the matter as it thinks proper.

(b) An appeal shall lie to the High Court against the refusal of a request under paragraph (a) and the decision of that Court shall be final and unappealable.

(2) (a) In any proceedings heard and determined under this Act, the applicant, a local authority which was a party to the proceedings or any ratepayer entitled by virtue of section 10 (2) to appear and be heard in the proceedings may, if dissatisfied with the determination of the court as being erroneous on a point of law, apply in writing within fourteen days after the determination to that court to state and sign a case setting forth the facts and the grounds of the determination for the opinion thereon of the Supreme Court and the court may state and sign a case in accordance with the application and make such order as to costs in the matter as it thinks proper.

(b) An appeal shall lie to the High Court against the refusal of an application under paragraph (a) and the decision of that Court shall be final and unappealable.

(c) Where the High Court allows the appeal, it shall order the court which made the determination to state and sign a case in accordance with the application.

(3) Upon the making of an application under subsection (2) (a) the determination in respect of which it is made shall be suspended—