Updated criminal justice act 2023

MoonMotorway

I see there was a bill that pass recently in July of 2023 in relation to the criminal justice act.

This is from the gov.ie

Does anyone know what type of a solicitor I will need to get to explore this in relation to stalking and harassment. I am not looking for recommendations or names of solicitors. I want to know what type of solicitor do I need? Will I need a civil law solicitor or a criminal law solicitor?

MoonMotorway

Does anyone know what solicitor do I need to explore this. Civil or criminal law solicitor?

suvigirl

Are you an injured party or offender?

MoonMotorway

https://www.boards.ie/discussion/comment/120977909#Comment_120977909

I am receiving a lot of harassment and stalking. I am the injured party.

MoonMotorway

I explored legal avenues before and I learned that restraining orders only applied for those in relationships/family law/domestic violence situations.

From my understanding of the updated law, it brings more people into the pool who can apply for a court/restraining order.

suvigirl

https://www.boards.ie/discussion/comment/120977930#Comment_120977930

Ok. The new act has updated Section 10, of the Non Fatal Offences Against the Person act. 1997, which is the offence of harassment.

If you're being harassed I would advise you go to your local Garda station to report the matter. It is a criminal offence, you don't need a solicitor, but if you wanted some advise you could pay a solicitor for their time.

Keep a record of everything that happens, dates, times etc, bring it to the station and tell them you want to make a complaint of harassment.

maybe read the section of the act, to make sure that what is happening is as described in the definition.

MoonMotorway

https://www.boards.ie/discussion/comment/120977961#Comment_120977961

Yes, the Gardai are aware and they have a file on the individual already.

The Garda officer I dealt with asked me to go to court for a court order/injunction against the person. I explored that but it fell through due to costs.

My understaing of the new bill and updated legislation is that it will make it easier to obtain a court order/restraining order and you don't have to be in a domestic violence situation to obtain an order. When I explordered restraining orders, I was informed it was for domestic violence situations and my situation doesn't fall into domestic violence.

I'm interested in exploring the new law with a solicitor and obtaining a court order/restraining order.

MoonMotorway

The new act is supposed to make it easier for courts to issue restraining orders. Before now it was only for people in domestic violence situations.

suvigirl

https://www.boards.ie/discussion/comment/120978163#Comment_120978163

Ah ok, well I'm no legal expert, quick look there and it seems there are orders under part 5 of the act which can be applied for by you or a member of AGS on your behalf.

If they are similar to domestic orders then you can probably apply yourself at the district court office. No harm having a chat with a solicitor.

MoonMotorway

https://www.boards.ie/discussion/comment/120978302#Comment_120978302

Yes, I would like to chat to a solicitor and get help from a solicitor to guide me through the process and applying to the court.

I'm posting here to see what type of a solicitor do I need? Is it civil law solicitor or criminal law solicitor.

If anyone can help me and advise what type of solictor I need, that would be good.

Peregrinus

As of now, you don't need either. Although new legislation to courts to make orders restraining stalking, etc, behaviour, has been enacted by the Oireachtas and signed by the President, it hasn't yet been brought into operation. That won't happen until the Minister makes an order bringing the legislation into operation, and we don't know when that will be.

When the legislation is in operation, applying for an order will be a civil matter, and possibly the solicitors best positioned to advise and assist will be those with experience of applying for barring orders, protection orders, etc under the family law legislation — i.e. solicitor who practice in family law.

MoonMotorway

https://www.boards.ie/discussion/comment/120984764#Comment_120984764

If you remember the two ladies who campaigned for stalking laws in Ireland - I am in a similar situation. I am falling outside of typical law scenarios with stalking and harassment.

Some legal avenues failed me and were so slow. I was in touch with the justice minister too and it was her who informed me of the legislation that has passed in July.

Why would she inform me of the update in law if it's not in full operation yet.

Thanks for the reply.

I have an appointment Friday morning with someone who may be able to help and guide me through this and see what direction I can take.

Peregrinus

I imagine she informed you because she knows you're interested, wants to keep you updated, and hopes to get some credit. It was unhelpful, I agree, not to point out that the law in question is not yet in force. And it would have been especially helpful if she had given you some indication as to when she expects to bring it into force.

Deferring the commencement of a new law in this way is not unusual. In order to operate the law it may be necessary to make practical arrangements - develop systems, provide training, find resources, that kind of thing. All this is done, and then the Minister makes an order bringing the law into operation.

I hope you find your meeting on Friday helpful and supportive.

MoonMotorway

https://www.boards.ie/discussion/comment/120985798#Comment_120985798

Thanks for the reply.

Thanks for giving me a lesson in how new laws come into operation. I never knew. I would imagine many systems are already in place. It probably won't take too long. I will get in touch with the minister again. I have an appointment made for Friday morning too and hopefully that will bring results. It's great that the law is changing and updating.

MoonMotorway

Thank you for the replies. My appointment on Friday morning went well. It led to further appointments. The Gardai are persuing the matter and preparing a file for the DPP for prosecution.

MoonMotorway

When will this law be enacted?

The dail is now back so I presume there will be some work behind the scenes to get this enacted.

I was in touch with the justice minister a few times this summer. The last email I asked her about this new law and when will it be enacted and she replied back not answering my question.

Do you think it will be enacted this side of Christmas or will it be the new year?

Hotblack Desiato

The Dail has already done its part, the legislation was passed and signed by the President, it is enacted.

https://www.irishstatutebook.ie/eli/2023/act/24/enacted/en/print.html

See section 5

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

So the relevant section(s) only come into effect when ministerial order(s) are made, this is common. As to when the relevant parts of the legislation are brought into effect, who knows - sometimes it takes years or never happens.

It seems section 23 is the one applicable to you. According to here, https://www.irishstatutebook.ie/eli/isbc/2023_24.html it hasn't been commenced yet.