No. 27/1986:

MALICIOUS INJURIES (AMENDMENT) ACT, 1986

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Amendment of section 5 of Principal Act.

3. Proof in relation to malicious acts of certain organisations.

4. Amendment of section 6 of Principal Act.

5. Damage by person of unsound mind, child or person acting under duress.

6. Refund to local authorities of cost of compensation under Acts.

7. Disposal of moneys paid to, or contributions recovered by, local authorities under Principal Act.

8. Property recovered after payment of compensation.

9. Repeals.

10. Short title, collective citation and construction.

ACTS REFERRED TO

Number 27 of 1986

No. 27/1986: MALICIOUS INJURIES (AMENDMENT) ACT, 1986

AN ACT TO AMEND THE MALICIOUS INJURIES ACT, 1981 .

[15th July, 1986]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—(1) In this Act—

"the Acts" means the Malicious Injuries Acts, 1981 and 1986;

"the Principal Act" means the Malicious Injuries Act, 1981 ;

"unlawful organisation" has the meaning assigned to it by section 18 of the Offences against the State Act, 1939 .

( 2 ) ( a ) A reference in the Acts to a section is a reference to a section of the Act in which the reference occurs unless it is indicated that reference to some other enactment is intended.

( b ) A reference in the Acts 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.

2.—Section 5 of the Principal Act is hereby amended, as respects damage caused to property after the passing of this Act, by the substitution of the following subsections for subsections (1) and (2):

"(1) ( a ) Subject to the provisions of this section, where damage the aggregate amount of which exceeds £100 is caused to any property—

(i) unlawfully by one or more of a number (exceeding two) of persons riotously assembled together, or

(ii) as a result of an act committed maliciously by a person acting on behalf of or in connection with an unlawful organisation, or

(iii) as a result of an act committed maliciously by a person acting on behalf of or in connection with an organisation outside the State that engages in, promotes, encourages or advocates the use of violence for purposes related to the conduct or administration of the affairs of the State or Northern Ireland,

the person who suffers the damage shall be entitled to obtain compensation from the local authority in accordance with the Malicious Injuries Acts, 1981 and 1986.

( b ) Paragraph (a)shall not apply to damage caused to a ship or aircraft, or to anything carried thereon (including anything carried by a person thereon), if the damage was caused—

(i) by any substance or device placed on or in the ship or aircraft or on or in anything carried thereon at a time when the ship, aircraft or thing was outside the State or by any other act or omission done or made outside the State, or

(ii) by a person or persons who had entered the State in the ship or aircraft on the last voyage or flight made by the ship or aircraft before the damage occurred.

(2) For the purpose of subsection (1) (a), an act shall be taken to be committed maliciously only if it is—

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

( b ) committed wantonly, or

( c ) committed in the course of, whether or not for the purpose of, the commission of a crime against the property damaged.".

3.—(1) Where, as respects damage caused to property after the passing of this Act, the appropriate chief superintendent is of opinion that the act from which the damage resulted was committed maliciously by a person acting on behalf of or in connection with an organisation referred to in Section 5(1) (a) (inserted by this Act) of The Principal Act, he shall, if requested so to do by any person for the purpose of making an application to the court for compensation under the Acts in respect of the damage, give a certificate signed by him and so stating to the person and the certificate shall be admissible in any court as evidence that the act was committed maliciously by a person acting as aforesaid.

(2) The appropriate chief superintendent shall not be required to disclose in any proceedings the information (or its source) on which a certificate under subsection (1) is based.

(3) A document purporting to be a certificate under this section and to be signed by the appropriate chief superintendent shall be deemed, unless the contrary is shown, to be such a certificate and to be so signed.

(4) In this section "appropriate chief superintendent", in relation to a certificate under this section, means the chief superintendent of the Garda Síochána who was, at the time of the signing of the certificate, the divisional officer of the Garda Síochána division in which is situated the appropriate Garda Síochána station for the purpose of the service of a preliminary notice under section 8 of the Principal Act in relation to the relevant damage.

4.—Section 6 of the Principal Act is hereby amended, as respects damage caused to property after the passing of this Act, by the substitution of the following subsection for subsections (1) and (2):

"(1) Where damage is caused to a building or property within the curtilage of a building unlawfully by one or more of a number (exceeding two) of persons who are tumultuously and riotously assembled together and, in the course of the riot, property the aggregate value of which exceeds £100 is unlawfully taken from the building, and such taking, or entry to the building for the purpose of such taking, was facilitated by such damage, the person who suffers the loss of the property taken shall be entitled to obtain compensation from the local authority in accordance with the Malicious Injuries Acts, 1981 and 1986.

5.—The Principal Act is hereby amended, as respects damage caused after the passing of this Act, by the substitution of the following section for section 7:

"7. It shall not be a defence to an application for compensation under the Malicious Injuries Acts, 1981 and 1986, merely to show that the damage to which the application relates was caused by a person of unsound mind, by a child or by a person acting under duress.".

6.—The cost to a local authority of compensation paid under the Acts for damage or loss caused after the passing of this Act and of any legal costs incurred by the authority in respect of the compensation shall be refunded to the local authority by the Minister for the Environment out of moneys provided by the Oireachtas.

7.—Any moneys paid under section 19 of the Principal Act to, or any contribution recovered under section 21 of the Principal Act by, a local authority in respect of compensation paid or payable by the local authority under the Acts for damage or loss caused after the passing of this Act shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for the Environment given after consultation with the Minister for Finance.

8.—Where property which is unlawfully taken after the passing of this Act and in respect of which compensation is paid under the Acts is recovered, the Minister for the Environment shall become and be the owner of the property and may, after consultation with the Minister for Finance, dispose of it in such manner as he thinks fit.

9.—(1) section 20 of the Principal Act is hereby repealed as respects compensation paid under the Acts for damage or loss caused after the passing of this Act.

(2) section 22 of the Principal Act is hereby repealed as respects property unlawfully taken after the passing of this Act.

10.—(1) This Act may be cited as the Malicious Injuries (Amendment) Act, 1986 .

(2) The Principal Act and this Act may be cited together as the Malicious Injuries Acts, 1981 and 1986, and shall be construed together as one.