Samples of Form of Charges as contained in 

Theft and Fraud Offences 

Theft s. 4(1) 

Subject to section 5, a person is guilty of theft if he or she dishonestly appropriates property without the consent of its owner and with the intention of depriving its owner of it. 

Form of Charge 

Statement of Offence 

Theft contrary to section 4(1) of the Criminal Justice (Theft and Fraud Offences) Act, 2001 

Particulars of Offence 

A. B., on (or about) the ... day of ... 20 at (place) in the County of ..., stole (specify) the property of C. D. 

Dishonest use ..of electricity or gas s. 15(2) 

(a) A person who dishonestly uses, or causes to be wasted or diverted, any electricity or gas shall be guilty of an offence. 

(b) For the purposes of this subsection an act is done by a person dishonestly if the person does the act without claim of legal right. 

Form of Charge 

Statement of Offence 

Abstracting electricity (or gas) contrary to section 15(2)(a) of the Energy (Miscellaneous Provisions) Act, 1995 

Particulars of Offence 

A. B., on (or about) the ... day of ... 20 at (place) in the County of ..., dishonestly used (or caused to be wasted or diverted) electricity (or gas).

 Unlawful interference with articles s. 15(3) 

A person who unlawfully interferes with any article owned by or under the control of the Electricity Supply Board or Bord G�is Eireann shall be guilty of an offence. 

Form of Charge 

Statement of offence 

Unlawful interference contrary to section 15(3) of the Energy (Miscellaneous Provisions) Act, 1995 

Particulars of Offence 

A. B., on (or about) the ... day of ... 20 at (place) in the County of ..., unlawfully interfered with a meter, owned by or under the control of the Electricity Supply Board (or Bord Gais Eireann). 

Things designed or adopted s. 15(5) 

A person who, without lawful excuse, manufactures, imports, sells, offers for sale, supplies or has in his or her possession any thing designed or adapted- 

(a) to alter artificially the index to any meter owned by or under the control of the Electricity Supply Board or Bord G�is Eireann, or 

(b) to prevent the due registration by such a meter of a quantity of electricity or gas, as the case may be, supplied to any premises, (whether the thing is specifically designed or adapted to achieve such an effect only as respects a meter owned by or under the control of a body aforesaid or not) shall be guilty of an offence. 

Form of Charge 

Statement of Offence 

Manufacturing etc. contrary to section 15(5)(a) of the Energy (Miscellaneous Provisions) Act, 1995 

Particulars of Offence 

A. B., on (or about) the ... day of ... 20 at (place) in the County of ..., manufactured a tool to alter artifically a meter owned by (or under the control of) the electricity Supply Board (or Bord Gais Eireann). 

Form of Charge 

Statement of Offence 

Manufacturing etc. contrary to section 15(5)(b) of the Energy (Miscellaneous Provisions) Act, 1995 

Particulars of Offence 

A. B., on (or about) the ... day of ... 20 at (place) in the County of ..., manufactured a tool to prevent the registration by a meter of electricty (or gas). 

Mechanically propelled vehicles 

Taking vehicle without authority s. 112 (1)

(a) A person shall not use or take possession of a mechanically propelled vehicle without the consent of the owner thereof or other lawful authority. 

(b) Where possession of a vehicle has been taken in contravention of this subsection, a person who knows of the taking shall not allow himself to be carried in or on it without the consent of the owner thereof or other lawful authority. 

Form of Charge 

Statement of Offence 

Using or taking possession of a mechanically propelled vehicle contrary to section 112(1)(a) of the Road Traffic Act, 1961, as amended by section 65 of the Road Traffic Act, 1968 and section 3(7) of the Road Traffic (Amendment) Act, 1984. 

Particulars of Offence 

A. B., on (or about) the ... day of ... 20 at (place) in the County of ..., without the consent of the owner or without lawful authority used (or took possession) of a mechanically propelled vehicle. 

Form of Charge 

Statement of Offence 

Unlawful carriage in a mechanically propelled vehicle contrary to section 112(1)(b) of the Road Traffic Act, 1961, as amended by section 65 of the Road Traffic Act, 1968 and section 3(7) of the Road Traffic (Amendment) Act, 1984. 

Particulars of Offence 

A. B., on (or about) the ... day of ... 20 at (place) in the County of ..., without the consent of the owner or without lawful authority allowed himself to be carried in (or on) a mechanically propelled vehicle taken without the consent of the owner or without lawful authority. 

The Criminal Law (Jurisdiction) Act, 1976 

Unlawful seizure of vehicles s. 10 

A person who unlawfully by force, or by any other form of intimidation, seizes or exercises control of any vehicle shall be guilty of an offence, for which the penalty is fifteen years imprisonment. 

Form of Charge 

Statement of Offence 

Unlawful seizure of a vehicle contrary to section 10 of the Criminal Law (Jurisdiction) Act, 1976. Particulars of Offence A. B., on (or about) the ... day of ... 20 at (place) in the County of ..., unlawfully by force (or by intimidation) seized (or exercises control of) a vehicle (specify). 

Post Office Act, 1908 

Unlawfully taking away or opening the mail s. 51 

If any person unlawfully takes away or opens a mail bag sent by any vessel employed by or under An Post for the transmission of postal packets under contract, or unlawfully takes a postal packet in course of transmission by post out of a mail bag so sent, he shall be guilty of felony and be liable on conviction on indictment to imprisonment of a term not exceeding 10 years or to a fine or to both. 

Form of Charge 

Statement of Offence 

Taking away or opening a mail bag contrary to section 51 of the Post Office Act, 1908 

Particulars of Offence 

A. B., on (or about) the ... day of ... 20 at (place) in the County of ..., unlawfully took away (or opened) a mail bag. 

Form of Charge 

Statement of Offence Taking a postal packet contrary to section 51 of the Post Office Act, 1908 

Particulars of Offence 

A. B., on (or about) the ... day of ... 20 at (place) in the County of ..., unlawfully took a postal packet out of a mail bag. 

Fraudulent retention of mail bag or postal packet s. 53 

If any person fraudulently retains, or wilfully secretes or keeps, or detains or, when required by an officer of An Post, neglects or refuses to deliver up- (a) any postal packet which is in course of transmission by post and which ought to have been delivered to any other person, or (b) any postal packet in course of transmission by post or any mail bag, which shall have been found by him or by any other person, he shall be guilty of an offence and be liable on conviction on indictment to imprisonment of a term not exceeding 2 years or to fine or to both. 

Form of Charge 

Statement of Offence 

Fraudulent retention contrary to section 53(a) of the Post Office Act, 1908, as substituted by section of the Larceny Act 1990. 

Particulars of Offence 

A. B., on (or about) the ... day of ... 20 at (place) in the County of ..., fraudulently retained, or wilfully secreted or kept, or detained (or when required by an officer of An Post, neglected or refused to deliver up) a postal packet which was in course of transmission by post and which ought to have been delivered to another person.

Active corruption s. 43 

A person who commits active corruption is guilty of an offence and is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both. 3.1. For the purposes of this Protocol, the deliberate action of whosoever promises or gives, directly or through an intermediary, an advantage of any kind whatsoever to an official for himself or for a third party for him to act or refrain from acting in accordance with his duty or in the exercise of his functions in breach of his official duties in a way which damages or is likely to damage the European Communities� financial interests shall constitute active corruption. 

Form of Charge

Statement of Offence 

Active corruption contrary to section 43 of the Criminal Justice (Theft and Fraud Offences) Act, 2001 

Particulars of Offence 

A. B., (or about) the ... day of ... 20 at (place) in the County of ..., / through an intermediary / promised / gave, / an advantage to (C. D.) an official (of specify) or to another (E. F.) / in order that (C. D.) would act (specify) /or refrain from acting (specify) in accordance with his duty in a way which damaged / or was likely to damage / the European Communities� financial interests. 

Passive corruption s. 44 

An official who commits passive corruption is guilty of an offence and is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both. By Section 40(1): ��official�� has the meaning given to it by Article 1.1(a) of the First Protocol - 1.1(a) �official� shall mean any �Community� or �national� official, including any national official of another Member State. 

By section 40(1) ��passive corruption�� has the meaning given to it by Article 2.1 of the First Protocol - 2.1. For the purposes of this Protocol, the deliberate action of an official, who, directly or through an intermediary, requests or receives advantages of any kind whatsoever, for himself or for a third party, or accepts a promise of such an advantage, to act or refrain from acting in accordance with his duty or in the exercise of his functions in breach of his official duties in a way which damages or is likely to damage the European Communities� financial interests shall constitute passive corruption. 

Form of Charge 

Statement of Offence 

Passive corruption contrary to section 44 of the Criminal Justice (Theft and Fraud Offences) Act, 2001 

Particulars of Offence 

A. B., being an official (specify) on (or about) the ... day of ... 20 at (place) in the County of ..., directly or through an intermediary, requested / or received an advantage (specify), for himself or for another (C. D.), or accepted a promise of such an advantage, to act (specify) or refrain from acting (specify) in accordance with his duty in a way which damaged / or was likely to damage / the European Communities� financial interests. 

Fraud outside the State s. 45(1) 

It is an offence for a person to commit fraud affecting the Communities� financial interests or to commit the offence of money laundering, or to participate in, instigate or attempt any such fraud or offence, outside the State if� 

(a) the benefit of the fraud or offence is obtained, or a pecuniary advantage is derived from it, by a person within the State, or 

(b) a person within the State knowingly assists or induces the commission of the fraud or offence, or 

(c) the offender is an Irish citizen, a national official or a Community official working for a European Community institution or a body set up in accordance with the Treaties establishing the European Communities which has its headquarters in the State. 

Form of Charge 

Statement of Offence 

Fraud outside the State contrary to section 45(1)(a) of the Criminal Justice (Theft and Fraud Offences) Act, 2001 

Particulars of Offence 

A. B., on (or about) the ... day of ... 20 at (place) in the County of ..., committed fraud affecting the European Communities� financial interests / committed the offence of money laundering, or participated in, instigated or attempted such a fraud or offence, outside the State where the benefit of such fraud / or offence was obtained, / or a pecuniary advantage was derived from it (such fraud), by (C. D) a person within the State where (the same C. D.) a person knowingly assisted / or induced the commission of the said fraud / or offence. 

Form of Charge 

Statement of Offence 

Fraud outside the State contrary to section 45(1)(b) of the Criminal Justice (Theft and Fraud Offences) Act, 2001 

Particulars of Offence 

A. B., on (or about) the ... day of ... 20 at (place) in the County of ..., committed fraud affecting the European Communities� financial interests / committed the offence of money laundering, or participated in, instigated or attempted such a fraud or offence, outside the State where (C. D.) a person within the State knowingly assisted / or induced the commission of such fraud / or offence. 

Form of Charge 

Statement of Offence Fraud outside the State contrary to section 45(1)(c) of the Criminal Justice (Theft and Fraud Offences) Act, 2001 

Particulars of Offence 

A. B., being an Irish citizen, / a national official / a Community official working for (specify) / an Institution of the European Community / a body set up in accordance with the Treaties establishing the European Communities which has its headquarters in the State, / on (or about) the ... day of ... 20 at (place) in the County of ..., committed fraud affecting the European Communities� financial interests / committed the offence of money laundering, or participated in, instigated or attempted such a fraud or offence, outside the State 

Active or Passive Corruption committed outside the State s. 45(2) 

Active or passive corruption committed by a person outside the State is an offence if� 

(a) the offender is an Irish citizen, a national official or a Community official working for a European Community institution or a body set up in accordance with the Treaties establishing the European Communities which has its headquarters within the State, or 

(b) in the case of active corruption, it is directed against an official, or a member of one of the institutions mentioned in paragraphs (i) to (iv) of the definition of ��national official�� in section 40, who is an Irish citizen. 

Form of Charge 

Statement of Offence 

Active / Passive corruption committed outside the State contrary to section 45(2)(a) of the Criminal Justice (Theft and Fraud Offences) Act, 2001 

Particulars of Offence 

A. B., being an Irish citizen, / a national official / a Community official working for (specify) an Institution of the European Community institution / a body set up in accordance with the Treaties establishing the European Communities which has its headquarters within the State, / on (or about) the ... day of ... 20 at (place) committed active / passive corruption (specify). 

Form of Charge 

Statement of Offence 

Active / Passive corruption committed outside the State contrary to section 45(2)(b) of the Criminal Justice (Theft and Fraud Offences) Act, 2001 

Particulars of Offence 

A. B., on (or about) the ... day of ... 20 at (place), committed active corruption (specify) directed against (C. D.) an Irish citizen being / an official of (specify), / a member of the (specify which institution).