David Norris (Independent) | Oireachtas source

I move amendment No. 50:

In page 34, between lines 9 and 10, to insert the following:

“40.(1) Section 2 of the Non-Fatal Offences Against the Person Act 1997 is amended by the insertion of the following subsections after subsection (4):

“(5) Notwithstanding section 4, the offence created by this section shall be considered to be an arrestable offence.

(6) By way of exception to the rule in section 10(4) of the Petty Sessions Act 1851, a charge under this section may be brought at any time up to two years after its commission.”.

(2) Section 20 of the Non-Fatal Offences Against the Person Act 1997 is amended by inserting the following subsection after subsection (4):

“(5) The court shall have regard to the following aggravating factors in determining the appropriate sentence where an accused person is convicted of any offence under this Act, or under the Domestic Violence Act 2017:

(a) the offence was committed against a former or current spouse or partner as recognised by internal law, by a member of the family, a person cohabiting with the victim or a person having abused her or his authority;

(b) the offence, or related offences, were committed repeatedly;

(c) the offence was committed against a person made vulnerable by particular circumstances;

(d) the offence was committed against or in the presence of a child;

(e) the offence was committed by two or more people acting together;

(f) the offence was preceded or accompanied by extreme levels of violence;

(g) the offence was committed with the use or threat of a weapon;

(h) the offence resulted in severe physical or psychological harm for the victim;

(i) the perpetrator had previously been convicted of offences of a similar nature.”.”.

Since the Minister of State has just spoken about aggravating factors, it would be reasonable to take into account these other aggravating factors as well. The provision includes where the offence is committed against a former or current spouse. It goes on to add in other elements where the offence is committed, for example, in the presence of a child. There are various others elements but I will not list them all because I know we all want to get on with the Bill.