Standalone stalking and non-fatal strangulation offences come into force

New crime law includes longer maximum sentences for assaults of gardaí and hospital staff

New standalone criminal offences for stalking and non-fatal strangulation, as well as longer maximum prison sentences for assaults, come into effect from today.
New standalone criminal offences for stalking and non-fatal strangulation, as well as longer maximum prison sentences for assaults, come into effect from today.

New standalone criminal offences for stalking and non-fatal strangulation, as well as longer maximum prison sentences for assaults, come into effect from today.

Other measures in a new Criminal Justice Act enacted on Wednesday include an increase in the maximum sentence for assaulting or threatening gardaí from seven to 12 years in prison.

The law will also apply to assaults on prison officers, hospital workers, ambulance paramedics, members of the fire brigade and Defence Forces personnel.

There will also be an increase in the maximum prison sentence for conspiracy to murder from 10 years to life imprisonment, in an effort to tackle gangland crime.

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The maximum sentence for assault causing harm, which is common in cases of domestic abuse, has also been doubled from five to 10 years.

The existing offence of harassment has been broadened to include cases where someone seriously interferes with an individual’s peace or privacy in a way that causes distress or harm.

New standalone offences for stalking and non-fatal strangulation, which could previously be charged under different offences, are among the changes in the new law.

The new offence for stalking will carry a maximum sentence of 10 years in prison. While non-fatal strangulation or suffocation will have a maximum sentence of 10 years, rising up to life imprisonment if the incident causes serious harm.

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The tougher sentencing measures were included in the Criminal Justice (Miscellaneous Provisions) Act 2023, parts of which were brought into force on Wednesday.

Minister for Justice Helen McEntee said the commencement of the changes was an “important milestone” in efforts to tackle domestic violence, as well as attacks on gardaí and other emergency services staff.

“While choking and strangling are already illegal, it is my hope that this new offence will encourage victims to come forward and report what has happened to them,” she said.

“Similarly, while stalking is already illegal, we are creating a standalone offence, defined in terms of causing either a fear of violence, or serious alarm and distress that has a substantial impact on a person’s day to day activities,” she said.

Jack Power

Jack Power

Jack Power is acting Europe Correspondent of The Irish Times