New stalking offence comes into effect with maximum sentence of 10 years
Kenneth Fox
A new offence of stalking, with a maximum sentence of up to 10 years, has come into effect in Ireland on Wednesday.
Justice Minister Helen McEntee announced that the Criminal Justice (Miscellaneous Provisions) Act 2023 — which introduces a range of new criminal offences, and tougher sentencing — has now come into effect.
As the Irish Examiner reports, the Government said this marked a milestone in its efforts for zero tolerance of domestic, sexual and gender-based violence.
The new act introduces a range of new measures such as a maximum sentence for assault causing harm, a common offence in domestic abuse cases as well as in other assaults, increases from five years to 10 years;
The scope of the existing harassment offence has been widened to include any conduct that seriously interferes with a person’s peace and privacy, or causes alarm, distress or har.
A new standalone offence of stalking, with a maximum sentence of up to 10 years, is created and in effect.
A standalone offence of non-fatal strangulation or non-fatal suffocation with a maximum sentence of up to 10 years, and a standalone offence of non-fatal strangulation or non-fatal suffocation causing serious harm with a maximum sentence of up to life imprisonment, often indicators of further, potentially lethal violence against a woman, are created and in effect.
The maximum sentence for assaulting or threatening to assault a garda or other on-duty emergency workers increases from seven to 12 years.
Finally, the maximum sentence for conspiracy to murder increases from the current penalty of 10 years to life imprisonment to further toughen the laws around gangland crime.
Ms McEntee said the commencement of the act underlined the Government’s commitment to building safer communities.
“This means tackling gangland criminals, ensuring our gardaí and emergency workers are supported in the work they do and having zero tolerance for domestic, sexual and gender-based violence.”
