This Act may be cited as the Criminal Justice (Hate Offences) Act 2024.
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. 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.
In this Act, protected characteristic, in relation to a person or a group of persons, means any one of the following, namely
race,
colour,
nationality,
religion,
national or ethnic origin,
descent,
gender,
sex characteristics,
sexual orientation, or
disability.
In this Act, in relation to the protected characteristics
references to religion include references to the absence of a religious conviction or belief,
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,
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),
gender means the gender of a person or the gender which a person expresses as the persons preferred gender or with which the person identifies and includes transgender and a gender other than those of male and female,
sexual orientation has the same meaning as it has in section 2(1) of the Equal Status Act 2000,
references to sex characteristics shall be construed as references to the physical and biological features of a person relating to sex, and
disability has the same meaning as it has in section 2(1) of the Equal Status Act 2000.
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.
5. The Criminal Damage Act 1991 is amended
in section 1
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;,
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
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),
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
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 persons 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
(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.,
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
6. The Criminal Justice (Public Order) Act 1994 is amended
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;,
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
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 persons 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.,
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.,
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.,
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.,
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.,
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
in section 24(5), by the insertion of
6A, after 6,,
7A, after 7,,
11A, after 11,, and
, 18A after 18.
7. The Non-Fatal Offences against the Person Act 1997 is amended
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;,
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
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 persons 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.,
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.,
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.,
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.,
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.,
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.,
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
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.
(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 13..
Without prejudice to any other enactment or rule of law and subject to subsections (2) and (3), a court shall treat as an aggravating factor hatred against a person or a group of persons on account of their protected characteristics or any of those characteristics on the part of a person in the commission of an offence to which this section applies for the purposes of determining the sentence to be imposed on the person for that offence.
Accordingly, the court shall (except where the sentence for the offence concerned is one of imprisonment for life or where the court considers there are exceptional circumstances justifying its not doing so) impose a sentence that is greater than that which would have been imposed in the absence of such a factor.
The sentence imposed shall not be greater than the maximum sentence permissible for the offence concerned.
Where a greater sentence is imposed by a court pursuant to this section, the court shall state and record in the proceedings
the fact that the greater sentence is imposed pursuant to this section, and
the protected characteristic or characteristics of the person or the group of persons concerned by reference to which that greater sentence is imposed.
An offence to which this section applies means an offence other than an offence under any of the following provisions:
sections 2, 3 and 4 of the Prohibition of Incitement to Hatred Act 1989;
section 2A (inserted by section 5) of the Criminal Damage Act 1991;
sections 6A, 7A, 11A and 18A (inserted by section 6) of the Criminal Justice (Public Order) Act 1994;
sections 2A, 3B, 4B, 5A, 9A, 10B and 13A (inserted by section 7) of the Non Fatal Offences against the Person Act 1997.
9. The Schedule to the Criminal Law (Jurisdiction) Act 1976 is amended
by the substitution of the following paragraph for paragraph 6A:
6A. Any offence under the following provisions of the Criminal Damage Act 1991
(a) subsections (1) and (4) or subsections (2) and (4) of section 2 (arson);
(b) section 2A insofar as it relates to an offence of arson under section 2 (referred to in paragraph (a)) that is aggravated by hatred for the purposes of section 2A (arson aggravated by hatred).,
and
in paragraph 7, by the insertion of the following subparagraph after subparagraph (aa):
(ab) section 4B (causing serious harm aggravated by hatred);.
10. The First Schedule to the Extradition (Amendment) Act 1994 is amended
in paragraph 6, by
the insertion of the following subparagraph after subparagraph (aa):
(ab) section 3B (assault causing harm aggravated by hatred);,
and
the insertion of the following subparagraph after subparagraph (ba):
(bb) section 4B (causing serious harm aggravated by hatred);,
and
by the substitution of the following paragraph for paragraph 11:
11. Any offence under the following provisions of the Criminal Damage Act 1991
(a) section 2(2) (damaging property with intent to endanger life or being reckless as to danger to life);
(b) section 2A insofar as it relates to an offence under section 2(2) that is aggravated by hatred for the purposes of section 2A (damaging property with intent to endanger life or being reckless as to danger to life aggravated by hatred)..
11. The Schedule to the Bail Act 1997 is amended
in paragraph 7, by
the insertion of the following subparagraph after subparagraph (aa):
(ab) section 3B (assault causing harm aggravated by hatred);,
the insertion of the following subparagraph after subparagraph (ba):
(bb) section 4B (causing serious harm aggravated by hatred);,
the insertion of the following subparagraph after subparagraph (c):
(ca) section 5A (threats to kill or cause serious harm aggravated by hatred);,
the insertion of the following subparagraph after subparagraph (g):
(ga) section 9A (coercion aggravated by hatred);,
the insertion of the following subparagraph after subparagraph (h):
(ha) section 10B (harassment aggravated by hatred);,
and
the insertion of the following subparagraph after subparagraph (i):
(ia) section 13A (endangerment aggravated by hatred);,
in paragraph 8, by the insertion of the following subparagraph after subparagraph (a):
(aa) section 18A (assault with intent to cause bodily harm or commit indictable offence aggravated by hatred);,
and
in paragraph 18, by the insertion of the following subparagraph after subparagraph (a):
(aa) section 2A (damaging property aggravated by hatred);.
12. The Second Schedule to the Criminal Justice (Safety of United Nations Workers) Act 2000 is amended
in Part I, in paragraph 4, by
the insertion of the following subparagraph after subparagraph (a):
(aa) section 2A (assault aggravated by hatred);,
the insertion of the following subparagraph after subparagraph (ba):
(bb) section 3B (assault causing harm aggravated by hatred);,
the insertion of the following subparagraph after subparagraph (ca):
(cb) section 4B (causing serious harm aggravated by hatred);,
the insertion of the following subparagraph after subparagraph (d):
(da) section 5A (threats to kill or cause serious harm aggravated by hatred);,
and
the insertion of the following subparagraph after subparagraph (f):
(fa) section 13A (endangerment aggravated by hatred);,
and
in Part II, in paragraph 2, by the insertion of the following subparagraph after subparagraph (a):
(aa) section 2A (damaging property aggravated by hatred);.
13. Section 3 of the Criminal Justice (Public Order) Act 2003 is amended by the insertion of
6A, after 6,, and
7A, after 7,.
14. The Criminal Justice (Terrorist Offences) Act 2005 is amended
in Part 1 of Schedule 2
in paragraph 2, by
(I) the insertion of the following subparagraph after subparagraph (aa):
(ab) section 3B (assault causing harm aggravated by hatred);,
(II) the insertion of the following subparagraph after subparagraph (ba):
(bb) section 4B (causing serious harm aggravated by hatred);,
and
(III) the insertion of the following subparagraph after subparagraph (e):
(ea) section 13A (endangerment aggravated by hatred);,
and
by the substitution of the following paragraph for paragraph 5:
5. Any offence under any of the following provisions of the Criminal Damage Act 1991:
(a) section 2 (damaging property);
(b) section 2A (damaging property aggravated by hatred).,
and
in Part 1 of Schedule 6
in paragraph 2, by
(I) the insertion of the following subparagraph after subparagraph (a):
(aa) section 2A (assault aggravated by hatred);,
(II) the insertion of the following subparagraph after subparagraph (ba):
(bb) section 3B (assault causing harm aggravated by hatred);,
(III) the insertion of the following subparagraph after subparagraph (ca):
(cb) section 4B (causing serious harm aggravated by hatred);,
and
(IV) the insertion of the following subparagraph after subparagraph (f):
(fa) section 13A (endangerment aggravated by hatred);,
and
in paragraph 6, by the insertion of the following subparagraph after subparagraph (a):
(aa) section 2A of the Criminal Damage Act 1991 (damaging property aggravated by hatred);.
15. Schedule 3 to the Criminal Justice Act 2006 is amended
in paragraph 1, by
the insertion of the following after section 6 (threatening, abusive or insulting behaviour in public place):
section 6A (threatening, abusive or insulting behaviour in public place aggravated by hatred),
and
the insertion of the following after section 11 (entering building, etc., with intent to commit an offence):
section 11A (entering building, etc., with intent to commit an offence aggravated by hatred),
and
in paragraph 2, by
the insertion of the following after section 2 (assault):
section 2A (assault aggravated by hatred),
the insertion of the following after section 3A (non-fatal strangulation or non-fatal suffocation):
section 3B (assault causing harm aggravated by hatred),
the insertion of the following after section 9 (coercion):
section 9A (coercion aggravated by hatred),
and
the insertion of the following after section 10 (harassment):
section 10B (harassment aggravated by hatred).
16. Schedule 2 to the Criminal Justice Act 2007 is amended, in paragraph 2, by
the insertion of the following subparagraph after subparagraph (aa):
(ab) section 4B (causing serious harm aggravated by hatred);,
and
the insertion of the following subparagraph after subparagraph (b):
(ba) section 5A (threats to kill or cause serious harm aggravated by hatred);.
17. The Schedule to the Criminal Procedure Act 2010 is amended
in paragraph 10, by the insertion of the following subparagraph after subparagraph (aa):
(ab) section 4B (causing serious harm aggravated by hatred);,
and
by the addition of the following paragraph after paragraph 20:
20A. An offence under section 2A of the Criminal Damage Act 1991 (damaging property aggravated by hatred)..
18. The National Vetting Bureau (Children and Vulnerable Persons) Act 2012 is amended
in section 14A(4)(c), by the insertion of 6A, after 6, and the insertion of 7A, after 7,, and
in paragraph 17 of Schedule 3, by the insertion of , 18A after 18.
19. The Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 is amended
in Schedule 1, in paragraph 18, by
the insertion of the following subparagraph after subparagraph (aa):
(ab) section 3B (assault causing harm aggravated by hatred),,
the insertion of the following subparagraph after subparagraph (ba):
(bb) section 4B (causing serious harm aggravated by hatred),,
the insertion of the following subparagraph after subparagraph (c):
(ca) section 5A (threats to kill or cause serious harm aggravated by hatred),,
and
the insertion of the following subparagraph after subparagraph (d):
(da) section 13A (endangerment aggravated by hatred),,
and
in Schedule 2, by the substitution of the following paragraph for paragraph 11:
11. An offence under any of the following provisions of the Non-Fatal Offences against the Person Act 1997
(a) section 3 (assault causing harm),
(b) section 3A (non-fatal strangulation or non-fatal suffocation),
(c) section 3B (assault causing harm aggravated by hatred)..
20. Part 2 of the Schedule to the Taxi Regulation Act 2013 is amended
in paragraph 2, by the substitution of section 18, 18A or 19(1) for section 18 or 19(1),
by the insertion of the following paragraph after paragraph 9:
9A. An offence under section 2A of the Criminal Damage Act 1991 insofar as it relates to an offence under section 2(2)(b) of that Act that is aggravated by hatred for the purposes of section 2A of that Act..
21. Section 5(5)(c) of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 is amended by the insertion of 6A, after 6, and the insertion of 7A, after 7,.
22. Section 2(1) of the Criminal Justice (Victims of Crime) Act 2017 is amended, in paragraph (d) of the definition of protection measure, by the substitution of section 10 or 10B of the Non-Fatal Offences against the Person Act 1997 for section 10 of the Non-Fatal Offences against the Person Act, 1997.
23. Schedule 2 to the European Union (Passenger Name Record Data) Regulations 2018 (S.I. No. 177 of 2018) is amended
in paragraph 7, by the insertion of or 2A after 2 in the reference to sections of the Criminal Damage Act 1991, and
in paragraph 12
by the insertion of , 18A after 18 in the reference to sections of the Criminal Justice (Public Order) Act 1994, and
in the reference to sections of the Non-Fatal Offences against the Person Act 1997, by
(I) the insertion of 3B, after 3A,,
(II) the insertion of 4B, after 4A,,
(III) the insertion of 5A, after 5,,
(IV) the insertion of , after 6,
(V) the deletion of or after 6, and
(VI) the insertion of or 13A after 13.
24. Section 1 of the Criminal Law (Extraterritorial Jurisdiction) Act 2019 is amended, in paragraph (a) of the definition of relevant offence, by
the insertion of 3B, after 3A,,
the insertion of 4B, after 4A,,
the insertion of 5A, after 5,, and
the insertion of , 9A after 9.