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What, exactly, is a “specific victim”? A Scottish influence on Irish legislation
Date
2026-06-11
Abstract
This article examines the introduction of the term “specific victim” into Ireland’s Criminal Justice (Hate Offences) Act 2024, a phrase adopted from the Hate Crime and Public Order (Scotland) Act 2021, but previously unknown to Irish criminal law. It traces the term’s limited history in Scots law, analyses its function within British hate crime legislation, and considers the interpretative difficulties created by its transplantation into Irish law. The article argues that, because Irish courts are constrained by orthodox principles of penal statutory interpretation, the adjective “specific” cannot be treated as legislative surplusage. It explores competing interpretations of the phrase and demonstrates that each carries materially different consequences for the operation of the Act. The article concludes that the absence of legislative guidance leaves Irish courts to determine the meaning of “specific victim” de novo, with significant implications for the prosecution of hate offences under the 2024 Act.
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'This is an Accepted Manuscript of an article published by Edinburgh University Press in Edinburgh Law Review. The Version of Record is available online at: http://www.euppublishing.com/doi/abs/ https://doi.org/10.3366/elr.2026.1023"
Publisher
Edinburgh University Press
Citation
Edinburgh Law Review (30), pp. 233-239
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Funding Information
Sustainable Development Goals
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Attribution-NonCommercial-ShareAlike 4.0 International