Non-Fatal Offences against the Person Act 1997

1. Interpretation.

1.—(1)In this Act—

F1["Act of 2024" means theCriminal Justice (Hate Offences) Act 2024;]

“contaminated blood” means blood which is contaminated with any disease, virus, agent or organism which if passed into the blood stream of another could infect the other with a life threatening or potentially life threatening disease;

“contaminated fluid” means fluid or substance which is contaminated with any disease, virus, agent or organism which if passed into the blood stream of another could infect the other with a life threatening or potentially life threatening disease;

“contaminated syringe” means a syringe which has in it or on it contaminated blood or contaminated fluid;

“harm” means harm to body or mind and includes pain and unconsciousness;

F1["hatred" has the meaning it has in section 2 of the Act of 2024;]

“member of the family” in relation to a person, means the spouse, a child (including step-child or adopted child), grandchild, parent, grandparent, step-parent, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece of the person or any person cohabiting or residing with him or her;

“property” means property of a tangible nature, whether real or personal, including money and animals that are capable of being stolen;

F1["protected characteristic" has the meaning it has in section 2 of the Act of 2024;]

“public place” includes any street, seashore, park, land or field, highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise, and includes any train, vessel, aircraft or vehicle used for the carriage of persons for reward;

“serious harm” means injury which creates a substantial risk of death or which causes serious disfigurement or substantial loss or impairment of the mobility of the body as a whole or of the function of any particular bodily member or organ;

“street” includes any road, bridge, lane, footway, subway, square, court, alley or passage, whether a thoroughfare or not, which is for the time being open to the public; and the doorways, entrances and gardens abutting on a street and any ground or car-park adjoining and open to a street, shall be treated as forming part of a street;

“syringe” includes any part of a syringe or a needle or any sharp instrument capable of piercing skin and passing onto or into a person blood or any fluid or substance resembling blood.

(2)For the purposes of sections 17, 18 and 19 it is immaterial whether a belief is justified or not if it is honestly held but the presence or absence of reasonable grounds for the belief is a matter to which the court or the jury is to have regard, in conjunction with any other relevant matters, in considering whether the person honestly held the belief.

(3)In this Act—

(a)a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act,

(b)a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,

(c)a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

1A. F2[Aggravation of certain offences by hatred.

1A.—(1) An offence committed by a person is aggravated by hatred for the purposes ofsections 2A, 3B, 4B, 5A, 9A, 10Band13Aif—

(a) where there is a specific victim of the offence—

(i) at the time of committing the offence, or immediately before or after doing so, the person demonstrates hatred towards the victim, and

(ii) the hatred is on account of the victim’s membership or presumed membership of a group defined by reference to a protected characteristic,

or

(b) whether or not there is a specific victim of the offence, the offence is motivated (wholly or partly) by hatred towards a group of persons on account of the group being defined by reference to a protected characteristic.

(2) It is immaterial whether or not an accused person’s hatred is also on account (to any extent) of any other factor.

(3) In this section—

"membership", in relation to a group, includes association with members of the group;

"presumed" means presumed by the person who commits an offence undersection 2A, 3B, 4B, 5A, 9A, 10Bor13A, as may be appropriate.]

2. Assault.

2.—(1)A person shall be guilty of the offence of assault who, without lawful excuse, intentionally or recklessly—

(a)directly or indirectly applies force to or causes an impact on the body of another, or

(b)causes another to believe on reasonable grounds that he or she is likely immediately to be subjected to any such force or impact,

without the consent of the other.

(2)In subsection (1) (a), “force” includes—

(a)application of heat, light, electric current, noise or any other form of energy, and

(b)application of matter in solid liquid or gaseous form.

(3)No such offence is committed if the force or impact, not being intended or likely to cause injury, is in the circumstances such as is generally acceptable in the ordinary conduct of daily life and the defendant does not know or believe that it is in fact unacceptable to the other person.

(4)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 6 months or to both.

2A. F3[Assault aggravated by hatred.

2A.—(1) A person shall be guilty of an offence under this section if he or she commits an offence undersection 2which is aggravated by hatred for the purposes of this section.

(2) A person guilty of an offence under this section shall be liable on summary conviction to a class B fine or to imprisonment for a term not exceeding 9 months or to both.

(3) A person charged with an offence under this section may, if the evidence does not warrant conviction for an offence under this section, be found guilty of an offence undersection 2.]

3. Assault causing harm.

3.—(1)A person who assaults another causing him or her harm shall be guilty of an offence.

(2)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding £1,500 or to both, or

(b)on conviction on indictment to a fine or to imprisonment for a term not exceeding F4[10 years] or to both.

3A. F5[Non-fatal strangulation or non-fatal suffocation

3A.—(1) A person shall be guilty of an offence who, without lawful excuse, intentionally or recklessly—

(a) strangles or suffocates another, or

(b) causes another to believe on reasonable grounds that he or she is likely immediately to be subjected to suffocation or strangulation.

(2) In a prosecution for an offence undersubsection(1), it shall be a defence for the accused to show that the other consented to the strangulation or suffocation of which the offence consists.

(3) A person guilty of an offence undersubsection(1) shall be liable—

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or to both, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 10 years, or to both.

(4) A person charged with an offence undersubsection(1) may, if the evidence does not warrant a conviction for that offence but warrants a conviction for an offence undersection 3, be found guilty of an offence undersection 3.

(5) In this section andsection 4A(inserted by section 22 of the Criminal Justice (Miscellaneous Provisions) Act 2023)—

"strangle" includes applying, directly or indirectly, force to the neck of another so as to impede breathing or the circulation of blood;

"suffocate" includes—

(a) asphyxiating another, and

(b) impeding the breathing of another, including by—

(i) covering the mouth or nose,

(ii) constricting the chest, or

(iii) blocking, by means of a foreign object, the airways,

of the other.]

3B. F6[Assault causing harm aggravated by hatred.

3B.—(1) A person shall be guilty of an offence under this section if he or she commits an offence undersection 3which is aggravated by hatred for the purposes of this section.

(2) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a class B fine or to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 12 years or to both.

(3) A person charged with an offence under this section may, if the evidence does not warrant conviction for an offence under this section, be found guilty of an offence undersection 3.]

4. Causing serious harm.

4.—(1)A person who intentionally or recklessly causes serious harm to another shall be guilty of an offence.

(2)A person guilty of an offence under this section shall be liable on conviction on indictment to a fine or to imprisonment for life or to both.

4A. F7[Non-fatal strangulation or non-fatal suffocation causing serious harm

4A.—(1) A person who intentionally or recklessly causes serious harm to another by suffocating or strangling the other shall be guilty of an offence.

(2) A person guilty of an offence undersubsection(1) shall be liable on conviction on indictment to a fine or to imprisonment for life or to both.

(3) A person charged with an offence undersubsection(1) may, if the evidence does not warrant a conviction for that offence but warrants a conviction for an offence undersection 4, be found guilty of an offence undersection 4.

(4) In this section, "strangle" and "suffocate" have the meanings they have insection 3A(inserted by section 21 of the Criminal Justice (Miscellaneous Provisions) Act 2023).]

4B. F8[Causing serious harm aggravated by hatred.

4B.—(1) A person shall be guilty of an offence under this section if he or she commits an offence undersection 4which is aggravated by hatred for the purposes of this section.

(2) A person guilty of an offence under this section shall be liable on conviction on indictment to a fine or to imprisonment for life or to both.

(3) A person charged with an offence under this section may, if the evidence does not warrant conviction for an offence under this section, be found guilty of an offence undersection 4.]

5. Threats to kill or cause serious harm.

5.—(1)A person who, without lawful excuse, makes to another a threat, by any means intending the other to believe it will be carried out, to kill or cause serious harm to that other or a third person shall be guilty of an offence.

(2)A person guilty of an offence under this section shall be liable—

(a)on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or

(b)on conviction on indictment to a fine or to imprisonment for a term not exceeding 10 years or to both.

5A. F9[Threats to kill or cause serious harm aggravated by hatred.

5A.—(1) A person shall be guilty of an offence under this section if he or she commits an offence undersection 5which is aggravated by hatred for the purposes of this section.

(2) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a class B fine or to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 12 years or to both.

(3) A person charged with an offence under this section may, if the evidence does not warrant conviction for an offence under this section, be found guilty of an offence undersection 5.]

6. Syringe, etc., attacks.

6.—(1)A person who—

(a)injures another by piercing the skin of that other with a syringe, or

(b)threatens to so injure another with a syringe,

with the intention of or where there is a likelihood of causing that other to believe that he or she may become infected with disease as a result of the injury caused or threatened shall be guilty of an offence.

(2)A person who—

(a)sprays, pours or puts onto another blood or any fluid or substance resembling blood, or

(b)threatens to spray, pour or put onto another blood or any fluid or substance resembling blood,

with the intention of or where there is a likelihood of causing that other to believe that he or she may become infected with disease as a result of the action caused or threatened shall be guilty of an offence.

(3)A person who in committing or attempting to commit an offence under subsection (1) or (2)—

(a)injures a third person with a syringe by piercing his or her skin, or

(b)sprays, pours or puts onto a third person blood or any fluid or substance resembling blood,

resulting in the third person believing that he or she may become infected with disease as a result of the injury or action caused shall be guilty of an offence.

(4)A person guilty of an offence under subsection (1), (2) or (3) shall be liable—

(a)on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or

(b)on conviction on indictment to a fine or to imprisonment for a term not exceeding 10 years or to both.

(5)(a)A person who intentionally injures another by piercing the skin of that other with a contaminated syringe shall be guilty of an offence.

(b)A person who intentionally sprays, pours or puts onto another contaminated blood shall be guilty of an offence.

(c)A person who in committing or attempting to commit an offence under paragraph (a) or (b)—

(i)injures a third person with a contaminated syringe by piercing his or her skin, or

(ii)sprays, pours or puts onto a third person contaminated blood,

shall be guilty of an offence.

(d)A person guilty of an offence under this subsection shall be liable on conviction on indictment to imprisonment for life.

7. Offence of possession of syringe, etc., in certain circumstances and seizure thereof by member of Garda Síochána.

7.—(1)A person who has with him or her in any place—

(a)a syringe, or

(b)any blood in a container,

intended by him or her unlawfully to cause or threaten to cause injury to or to intimidate another shall be guilty of an offence.

(2)A member of the Garda Síochána who has reasonable cause to suspect that a person has with him or her in a public place a syringe, or any blood in a container intended by him or her unlawfully to cause or to threaten to cause injury to or to intimidate another, may stop and question and if necessary (if need be by using reasonable force) search such person and the member may seize and detain any syringe or such container found on the person or in the immediate vicinity of the person, unless the person gives to the member reasonable excuse for having the syringe or container with him or her, and, where a syringe or such a container is so found, require the name and address of the person.

(3)A member of the Garda Síochána may arrest without warrant a person who—

(a)fails to stop when required under subsection (2), or

(b)fails or refuses to give his or her name or address when required under subsection (2) or gives a name or address which the member has reasonable cause to believe is false or misleading, or

(c)obstructs or attempts to obstruct the member or any person accompanying that member in the carrying out of the member's duties under subsection (2).

(4)A person who, without reasonable excuse, fails to stop or fails to give his or her name or address when required to under subsection (2) or gives a name or address which is false or misleading or obstructs or interferes with a member of the Garda Síochána acting under that subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 6 months, or to both.

(5)In a prosecution for an offence under subsection (1), it shall not be necessary for the prosecution to allege or prove that the intent to threaten or cause injury to or intimidate was intent to threaten or cause injury to or intimidate a particular person; and if, having regard to all the circumstances (including the contents of the syringe, if any, the time of the day or night, and the place), the court (or the jury as the case may be) thinks it reasonable to do so, it shall regard possession of the syringe or container as sufficient evidence of intent in the absence of any adequate explanation by the accused.

(6)In this section “blood” includes any fluid or substance resembling blood.

(7)A person guilty of an offence under subsection (1) shall be liable—

(a)on summary conviction, to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 7 years or to both.

8. Placing or abandoning syringe.

8.—(1)Subject to subsection (3), a person who places or abandons a syringe in any place in such a manner that it is likely to injure another and does injure another or is likely to injure, cause a threat to or frighten another shall be guilty of an offence.

(2)A person who intentionally places a contaminated syringe in any place in such a manner that it injures another shall be guilty of an offence.

(3)Subsection (1) does not apply to a person placing a syringe in any place whilst administering or assisting in lawful medical, dental or veterinary procedures.

(4)In a prosecution for an offence under subsection (1) where it is alleged a syringe is placed in a place being a private dwelling at which the accused normally resides, it shall be a defence for the accused to show that he or she did not intentionally place the syringe in such a manner that it injured or was likely to injure or cause a threat to or frighten another, as the case may be.

(5)A person guilty of an offence under subsection (1) shall be liable—