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Laws To Protect Owners Of Property And To Use Reasonable Force To Protect Property And Persons

Monday, June 24, 2013 7:40
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Added by Tom Joad on June 24, 2013.
 

Family Institute -

 

Laws to protect owners of property and to use reasonable force to protect property and persons

PROHIBITION OF FORCIBLE ENTRY AND OCCUPATION ACT, 1971

 

OFFENCE OF REMAINING IN FORCIBLE OCCUPATION OF LAND OR A VEHICLE.

3.—(1) A PERSON WHO REMAINS IN FORCIBLE OCCUPATION OF LAND OR A VEHICLE SHALL BE GUILTY OF AN OFFENCE UNLESS HE IS THE OWNER OF THE LAND or vehicle or so remains thereon in pursuance of a bona fide claim of right.

(2) In this section “forcible occupation of land or a vehicle” includes—

(a) the act of locking, obstructing or barring any window, door or other entry to or means of exit from land or a vehicle with a view to preventing or resisting a lawful attempt to enter the land or vehicle,

(b) the act of erecting a physical obstacle to an entry to or means of exit from land or a vehicle with a view to preventing or resisting a lawful attempt to enter the land or vehicle,

(c) the act of physically resisting a lawful attempt at ejection from land or a vehicle.

9.—A member of the Garda Síochána may arrest a person without warrant where—

(a) the member knows or has reasonable cause for suspecting that the person is committing an offence under section 3 of this Act, and

(b) the owner of the land or vehicle to which the offence relates represents to any member of the Garda Síochána, and the member proposing to make the arrest reasonably believes, that, as a result of the continuance of the offence, serious damage to the land or vehicle or serious interference with the lawful rights of the owner in relation thereto, or serious inconvenience to the public or a section thereof, is being or will be caused, and

(c) the member proposing to make the arrest reasonably believes that the arrest is necessary to prevent the damage, interference or inconvenience, and

(d) it is not reasonably practicable to apply for a warrant.

PROOF OF OWNERSHIP OF LAND OR A VEHICLE I.E. ONUS IS ON DEFENDANT TO SHOW HE IS OWNER OF LAND NOT THE PERSON WHO CLAIMS TO BE THE OWNER.

5.—In any proceedings in relation to an offence under section 2 , 3 or 4 of this Act or to conspiracy to commit such an offence, unless the defendant shows to the satisfaction of the court that he or, in the case of proceedings relating to an offence under section 4, every person whom he encouraged or attempted to encourage has a bona fide claim to ownership of the land or vehicle, it shall not be necessary for the prosecution to prove ownership of the land or vehicle.

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CRIMINAL LAW (DEFENCE AND THE DWELLING) ACT 2011

Justifiable use of force, etc.

2.— (1) Notwithstanding the generality of any other enactment or rule of law and subject to subsections (2) and (3), it shall not be an offence for a person who is in his or her dwelling, or for a person who is a lawful occupant in a dwelling, to use force against another person or the property of another person where—

(a) he or she believes the other person has entered or is entering the dwelling as a trespasser for the purpose of committing a criminal act, and

(b) the force used is only such as is reasonable in the circumstances as he or she believes them to be—

(I) TO PROTECT HIMSELF OR HERSELF OR ANOTHER PERSON PRESENT IN THE DWELLING FROM INJURY, ASSAULT, DETENTION OR DEATH CAUSED BY A CRIMINAL ACT,

(II) TO PROTECT HIS OR HER PROPERTY OR THE PROPERTY OF ANOTHER PERSON FROM APPROPRIATION, DESTRUCTION OR DAMAGE CAUSED BY A CRIMINAL ACT, OR

(III) TO PREVENT THE COMMISSION OF A CRIME OR TO EFFECT, OR ASSIST IN EFFECTING, A LAWFUL ARREST.

(2) Subsection (1) shall not apply where the person uses force against—

(a) a member of the Garda Síochána acting in the course of his or her duty,

(b) a person assisting a member of the Garda Síochána acting in the course of his or her duty, or

(c) a person lawfully performing a function authorised by or under any enactment.

(3) Subsection (1) shall not apply where the person using the force engages in conduct or causes a state of affairs for the purpose of using that force to resist or terminate an act of another person acting in response to that conduct or state of affairs, but subsection (1) may apply, if the occasion for the use of force arises only because the person using the force concerned does something he or she may lawfully do, knowing that such an occasion will arise.

(4) It is immaterial whether a belief is justified or not if it is honestly held but in considering whether the person using the force honestly held the belief, the court or the jury, as the case may be, shall have regard to the presence or absence of reasonable grounds for the person so believing and all other relevant circumstances.

(5) It is immaterial whether the person using the force had a safe and practicable opportunity to retreat from the dwelling before using the force concerned.

(6) (a) A person shall be regarded as using force in relation to another person if he or she—

(i) applies force in relation to or causes an impact on the body of that other person,

(ii) threatens to apply force in relation to or cause an impact on the body of that other person, or

(iii) detains that other person.

(b) A person shall be regarded as using force in relation to property belonging to another person if he or she—

(i) applies force to that property,

(ii) causes an impact on that property, or

(iii) threatens to apply force to or cause an impact on that property.

(7) The use of force shall not exclude the use of force causing death.

(8) An act is criminal notwithstanding that the person doing the act—

(a) if charged with an offence in respect of it, would be acquitted on the ground that—

(i) he or she acted under duress,

(ii) his or her act was involuntary,

(iii) he or she was in a state of intoxication, or

(iv) he or she was insane so as not to be responsible according to law for the act,

or

(b) was a person to whom section 52 (1) of the Children Act 2001 applied.

(9) The references in subsection (1)(b) to protecting a person or property from a criminal act include references to protecting the person or property from the continuation of the act, and the reference to preventing the commission of a crime or to effecting, or assisting in effecting, a lawful arrest shall be similarly construed.

(10) In this section—

“intoxication” means being under the intoxicating influence of any alcoholic drink, drug, solvent or any other substance or combination of substances;

“property” means property of a tangible nature, whether real or personal, including money and—

(a) shall be regarded as belonging to any person—

(i) having custody or control of it,

(ii) having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest), or

(iii) having a charge over it,

(b) WHERE PROPERTY IS SUBJECT TO A TRUST, THE PERSONS TO WHOM THE PROPERTY BELONGS SHALL BE REGARDED AS INCLUDING ANY PERSON HAVING A RIGHT TO ENFORCE THE TRUST, AND

(c) property of a corporation sole shall be regarded as belonging to the corporation notwithstanding a vacancy in the corporation.

(11) For the avoidance of doubt, a reference in this section to property includes, unless the context otherwise requires, a reference to a dwelling.

No obligation to retreat from dwelling.

3.— Nothing in this Act shall operate to require—

(a) a person to retreat from his or her dwelling, or

(b) a lawful occupant in a dwelling to retreat from the dwelling.

 

 

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