Criminal Justice (Hate Offences) Act 2024

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Criminal Justice (Hate Offences) Act 2024.

(2) This Act shall come into operation on such day or days as the Minister for Justice may by order or orders appoint either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2. Interpretation

2. In this Act—

“hatred” means hatred against a person or a group of persons in the State or elsewhere on account of their protected characteristics or any one of those characteristics;

“protected characteristic” shall be construed in accordance with section 3.

3. Meaning of protected characteristic

3. (1) In this Act, “protected characteristic”, in relation to a person or a group of persons, means any one of the following, namely—

(a) race,

(b) colour,

(c) nationality,

(d) religion,

(e) national or ethnic origin,

(f) descent,

(g) gender,

(h) sex characteristics,

(i) sexual orientation, or

(j) disability.

(2) In this Act, in relation to the protected characteristics—

(a) references to “religion” include references to the absence of a religious conviction or belief,

(b) references to “descent” include references to persons or groups of persons who descend from persons who could be identified by certain characteristics (such as race or colour), but not necessarily all of those characteristics still exist,

(c) references to “national or ethnic origin” include references to membership of the Traveller community (within the meaning of section 2(1) of the Equal Status Act 2000),

(d) “gender” means the gender of a person or the gender which a person expresses as the person’s preferred gender or with which the person identifies and includes transgender and a gender other than those of male and female,

(e) “sexual orientation” has the same meaning as it has in section 2(1) of the Equal Status Act 2000,

(f) references to sex characteristics shall be construed as references to the physical and biological features of a person relating to sex, and

(g) “disability” has the same meaning as it has in section 2(1) of the Equal Status Act 2000.

4. Expenses

4. The expenses incurred by the Minister for Justice in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of monies provided by the Oireachtas.

PART 2 Offences Aggravated by Hatred

5. Amendment of Criminal Damage Act 1991

5. The Criminal Damage Act 1991 is amended—

(a) in section 1—

(i) in subsection (1), by the insertion of the following definitions:

“ ‘Act of 2024’ means the Criminal Justice (Hate Offences) Act 2024;

‘hatred’ has the meaning it has in section 2 of the Act of 2024;

‘protected characteristic’ has the meaning it has in section 2 of the Act of 2024;”,

(ii) in subsection (3)—

(I) by the substitution of “an offence under section 2, 2A, 3(a) or 4(a)” for “an offence under section 2, 3(a) or 4(a)”, and

(II) by the substitution of “sections 2, 2A, 3(a) and 4(a)” for “sections 2, 3(a) and 4(a)”,

and

(iii) in subsection (3A), by the substitution of “an offence under section 2, 2A, 3(a) or 4(a)” for “an offence under section 2, 3(a) or 4(a)”,

(b) by the insertion of the following section after section 2:

“Damaging property aggravated by hatred

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

(2) An offence under section 2 committed by a person is aggravated by hatred for the purposes of this section if—

(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.

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

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

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

(b) on conviction on indictment—

(i) in case the offence under section 2 that the person commits is arson under subsection (1) or (3) of that section or an offence under subsection (2) of that section (whether arson or not), to a fine or imprisonment for life or both, or

(ii) in case the offence under section 2 that the person commits is an offence other than one referred to in subparagraph (i), to a fine or imprisonment for a term not exceeding 12 years or both.

(5) 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 under section 2.

(6) For the purposes of subsection (2)(a), the person to whom the property concerned belongs or is treated as belonging for the purposes of this Act shall be regarded as the victim of an offence under section 2 of damaging that property.

(7) 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 under section 2.”,

(c) in section 6(1), by the substitution of the following paragraph for paragraph (a):

“(a) an offence under section 2(1), including such an offence when committed aggravated by hatred for the purposes of section 2A,”,

and

(d) in section 7, by the insertion of the following subsection after subsection (2):

“(2A) In this section, references to an offence under section 2 shall include references to such an offence when committed aggravated by hatred for the purposes of section 2A.”.

6. Amendment of Criminal Justice (Public Order) Act 1994

6. The Criminal Justice (Public Order) Act 1994 is amended—

(a) in section 3, by the insertion of the following definitions:

“ ‘Act of 2024’ means the Criminal Justice (Hate Offences) Act 2024;

‘hatred’ has the meaning it has in section 2 of the Act of 2024;

‘protected characteristic’ has the meaning it has in section 2 of the Act of 2024;”,

(b) by the insertion of the following section after section 3:

“Aggravation of certain offences by hatred

3A. (1) An offence committed by a person is aggravated by hatred for the purposes of sections 6A, 7A, 11A and 18A if—

(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 under section 6A, 7A, 11A or 18A, as may be appropriate.”,

(c) by the insertion of the following section after section 6:

“Threatening, abusive or insulting behaviour in public place aggravated by hatred

6A. (1) A person shall be guilty of an offence under this section if he or she commits an offence under section 6 which is aggravated by hatred for the purposes of this section.

(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a class C fine or to imprisonment for a term not exceeding 6 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 under section 6.”,

(d) by the insertion of the following section after section 7:

“Distribution or display in public place of material which is threatening, abusive, insulting or obscene aggravated by hatred

7A. (1) A person shall be guilty of an offence under this section if he or she commits an offence under section 7 which is aggravated by hatred for the purposes of this section.

(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a class C fine or to imprisonment for a term not exceeding 6 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 under section 7.”,

(e) in section 8, by the insertion of the following subsection after subsection (1):

“(1A) In subsection (1)(a), the reference to a person acting in a manner contrary to the provisions of section 6 or 7 shall include a reference to a person acting in a manner contrary to the provisions of the section concerned when aggravated by hatred for the purposes of section 6A or 7A, as may be appropriate.”,

(f) by the insertion of the following section after section 11:

“Entering building, etc., with intent to commit an offence aggravated by hatred

11A. (1) A person shall be guilty of an offence under this section if he or she commits an offence under section 11 which is aggravated by hatred for the purposes of this section.

(2) A person who is 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 under section 11.”,

(g) by the insertion of the following section after section 18:

“Assault with intent to cause bodily harm or commit indictable offence aggravated by hatred

18A. (1) A person shall be guilty of an offence under this section if he or she commits an offence under section 18 which 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 7 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 under section 18.”,

and

(h) in section 24(5), by the insertion of—

(i) “6A,” after “6,”,

(ii) “7A,” after “7,”,

(iii) “11A,” after “11,”, and

(iv) “, 18A” after “18”.

7. Amendment of Non-Fatal Offences against the Person Act 1997

7. The Non-Fatal Offences against the Person Act 1997 is amended—

(a) in section 1(1), by the insertion of the following definitions:

“ ‘Act of 2024’ means the Criminal Justice (Hate Offences) Act 2024;

‘hatred’ has the meaning it has in section 2 of the Act of 2024;

‘protected characteristic’ has the meaning it has in section 2 of the Act of 2024;”,

(b) by the insertion of the following section after section 1:

“Aggravation of certain offences by hatred

1A. (1) An offence committed by a person is aggravated by hatred for the purposes of sections 2A, 3B, 4B, 5A, 9A, 10B and 13A if—

(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 under section 2A, 3B, 4B, 5A, 9A, 10B or 13A, as may be appropriate.”,

(c) by the insertion of the following section after section 2:

“Assault aggravated by hatred

2A. (1) A person shall be guilty of an offence under this section if he or she commits an offence under section 2 which 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 under section 2.”,

(d) by the insertion of the following section after section 3A:

“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 under section 3 which 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 under section 3.”,

(e) by the insertion of the following section after section 4A:

“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 under section 4 which 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 under section 4.”,

(f) by the insertion of the following section after section 5:

“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 under section 5 which 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 under section 5.”,

(g) by the insertion of the following section after section 9:

“Coercion aggravated by hatred

9A. (1) A person shall be guilty of an offence under this section if he or she commits an offence under section 9 which 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 7 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 under section 9.”,

(h) by the insertion of the following section after section 10A:

“Harassment aggravated by hatred

10B. (1) A person shall be guilty of an offence under this section if he or she commits an offence under section 10(1) which is aggravated by hatred for the purposes of this section.

(2) Subsections (3) to (8), (10) to (13) and (15) of section 10 shall, with any necessary modifications, apply to an offence under this section as they apply to an offence under subsection (1) of that section.

(3) A person guilty of an offence under this section 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 12 years or to both.

(4) 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 under section 10(1).”,

and

(i) by the insertion of the following section after section 13:

“Endangerment aggravated by hatred

13A. (1) A person shall be guilty of an offence under this section if he or she commits an offence under section 13 which 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 9 years or to both.