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(She was only forbidden to perform magic once she had a wand.and attended Hogwarts.)
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[[File:Mafalda_Hopkirk_OOTP.jpg|225px|right|thumb|[[Mafalda Hopkirk]]'s Letter of 1995 warning Harry Potter about his breach of the Decree.]]
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[[File:Mafalda_Hopkirk_OOTP.jpg|225px|thumb|[[Mafalda Hopkirk]]'s Letter warning Harry Potter about his breach of the Decree]]
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{{Quote|Dear Mr. Potter, We have received intelligence that you performed the Patronus Charm at twenty-three minutes past nine this evening in a Muggle-inhabited area and in the presence of a Muggle.|Mafalda Hopkirk's letter adressed to Harry Potter on [[2 August]], 1995|Harry Potter and the Order of the Phoenix}}
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{{Quote|Dear [[Harry Potter|Mr. Potter]],<br> We have received intelligence that you performed the [[Patronus Charm]] at twenty-three minutes past nine this evening in a [[Little Whinging|Muggle-inhabited area]] and in the presence of a [[Muggle]].|[[Mafalda Hopkirk]]'s letter adressed to [[Harry Potter]] on [[2 August]], [[1995]].|Harry Potter and the Order of the Phoenix}}
   
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The '''Decree for the Reasonable Restriction of Underage Sorcery''' is a bylaw of the [[British Ministry of Magic|Ministry of Magic]], written in [[1870s|1875]], which bans the use of [[underage magic]] outside of school. The Decree is enforced by the Ministry's [[Improper Use of Magic Office]]. The restriction is for [[Wizards|wizards and witches]] who are under the age of seventeen, and who still have [[The Trace]] on them. Although young wizards and witches are not allowed to use magic outside of school, the Ministry does recognise that they may have to use magic in certain situations such as self-defence. In addition, young children of below school age, or children who are not in possession of a wand, are technically exempt from the rule since they usually have little or no control over the magic they perform.
 +
The '''Decree for the Reasonable Restriction of Underage Sorcery''' is a bylaw of the [[British Ministry of Magic|Ministry of Magic]], written in [[1870s|1875]], which bans the use of [[underage magic]] outside of school. The Decree is enforced by the [[Improper Use of Magic Office]] in the Ministry of Magic. The restriction is for [[Wizards|wizards and witches]] who are under the age of seventeen, upon which [[The Trace]] still operates. Even so, the Ministry does recognise that they may have to use magic in certain situations such as self-defence in a life-threatening situation. In addition, young children of below school age, or children who are not in possession of a wand, are mostly exempt from the rule since they usually have little or no control over the magic they perform. Overall, it appears the [[Ministry of Magic]] generally limits enforcement of the decree to situations where underage wizards perform magic in front of [[Muggles]].
   
  +
==Known contents==
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{{Quote|In the matter of Harry Potter, the law clearly states that magic can be used before Muggles in life-threatening situations.|[[Albus Dumbledore]] at [[Disciplinary hearing of Harry Potter|Harry's Hearing]]|Harry Potter and the Order of the Phoenix (film)}}
  
   
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Paragraph C of the cause states that it is a crime to knowingly perform magic in a [[Muggle]]-inhabited area and in the presence of a Muggle. However, Clause 7 states that magic can be used in front of Muggles in exceptional circumstances, including situations when the life of the witch or wizard is threatened, or the lives of other witches, wizards and Muggles are threatened.<ref name="OTP">''[[Harry Potter and the Order of the Phoenix]]''</ref>
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{{Quote|In the matter of [[Harry Potter]], the law clearly states that magic can be used before Muggles in life-threatening situations.|[[Albus Dumbledore]] at [[Harry Potter]]'s [[Disciplinary hearing of Harry Potter|hearing]]|Harry Potter and the Order of the Phoenix (film)}}
   
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Also, it seems that a certain high-authority person may give permission for an underage student to perform magic under circumstances, as [[Hogwarts School of Witchcraft and Wizardry|Hogwarts]] [[Headmaster]] [[Albus Dumbledore]] gave [[Underage magic|16-years old]] [[Harry Potter]] such under the chance of an attack.<ref name="HBP">''[[Harry Potter and the Half-Blood Prince]]''</ref>
 +
Paragraph C of the clause states that it is a crime to knowingly perform magic in a [[Muggle]]-inhabited area and in the presence of a Muggle. However, Clause 7 also states that magic can be used in front of Muggles in exceptional circumstances, including situations when the life of the witch or wizard is threatened, or the lives of other witches, wizards and Muggles are threatened.<ref name="OTP">''[[Harry Potter and the Order of the Phoenix]]''</ref>
   
  +
Also, it seems that a high-authority person may give permission for an underage student to perform magic under circumstances; as [[Hogwarts School of Witchcraft and Wizardry|Hogwarts]] [[Headmaster]], [[Albus Dumbledore]] gave [[Harry Potter]] such an instruction if an attack was to eventuate, when he was 16 years old.<ref name="HBP">''[[Harry Potter and the Half-Blood Prince]]''</ref>
−
==Known breaches of the Decree for the Reasonable Restriction of Underage Sorcery==
  
  +
  +
It also appears that the riding of broomsticks does not constitute the "use" of magic, as Harry once played Quidditch with the Weasley's in 1994 shortly after the [[1994 Quidditch World Cup]], and none of them were expelled from Hogwarts.
  +
  +
==Known breaches==
 
{|width="100%" border="1" class="wikitable"
  
{|width="100%" border="1" class="wikitable"
 
|-bgcolor="#cccccc"
  
|-bgcolor="#cccccc"
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|[[Lily Evans]]
  
|[[Lily Evans]]
 
|[[Magic]]
  
|[[Magic]]
  +
|Between 1971 and early January 1977
−
|Unknown
  
 
|Received a few warning letters
  
|Received a few warning letters
  ⚫
|None of her warning letters were “too serious”
−
|
  
⚫
None of her warning letters were “too serious”
  
 
|-
  
|-
 
|[[Hermione Granger]]
  
|[[Hermione Granger]]
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|Summer of [[1991]]
  
|Summer of [[1991]]
 
|No action taken
  
|No action taken
−
|Hermione told [[Harry Potter]] and [[Ronald Weasley|Ron Weasley]] just prior to their first year at [[Hogwarts School of Witchcraft and Wizardry|Hogwarts]] that she had successfully cast a few spells<ref name="PS''>''[[Harry Potter and the Philosopher's Stone]]''</ref>, but apparently, she received no notice or warning about this being banned.
 +
|Hermione told [[Harry Potter]] and [[Ronald Weasley|Ron Weasley]] just prior to their first year at Hogwarts that she had successfully cast a few spells<ref name="PS''>''[[Harry Potter and the Philosopher's Stone]]''</ref>, but apparently, she received no notice or warning about this being banned.
 
|-
  
|-
−
|[[Harry Potter]]
 +
|Harry Potter
 
|Illegal use of a [[Hover Charm]]
  
|Illegal use of a [[Hover Charm]]
−
|July, [[1992]]
 +
|31st July [[1992]]
 
|Official warning
  
|Official warning
 
|The Hover Charm was actually produced by the [[House-elf]] [[Dobby]].<ref name="CS">''[[Harry Potter and the Chamber of Secrets]]''</ref>
  
|The Hover Charm was actually produced by the [[House-elf]] [[Dobby]].<ref name="CS">''[[Harry Potter and the Chamber of Secrets]]''</ref>
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|Harry Potter
  
|Harry Potter
 
|Illegal use of the [[Engorgement Charm|Inflating Charm]] on his "Aunt" [[Marjorie Dursley|Marge]]
  
|Illegal use of the [[Engorgement Charm|Inflating Charm]] on his "Aunt" [[Marjorie Dursley|Marge]]
−
|July, [[1993]]
 +
|August 6th [[1993]]
 
|No action taken
  
|No action taken
 
|Action not taken due to the recent escape of [[Sirius Black]] from [[Azkaban]], and the need to keep Harry safe. Additionally, this was considered "accidental magic."<ref name="POA">''[[Harry Potter and the Prisoner of Azkaban]]''</ref>
  
|Action not taken due to the recent escape of [[Sirius Black]] from [[Azkaban]], and the need to keep Harry safe. Additionally, this was considered "accidental magic."<ref name="POA">''[[Harry Potter and the Prisoner of Azkaban]]''</ref>
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|Illegal use of the [[Patronus]] Charm in front of a [[Muggle]]
  
|Illegal use of the [[Patronus]] Charm in front of a [[Muggle]]
 
|[[2 August]], [[1995]]
  
|[[2 August]], [[1995]]
−
|Expulsion from [[Hogwarts School of Witchcraft and Wizardry]], later rescinded and given a hearing
 +
|Expulsion from Hogwarts, later rescinded and given [[Disciplinary hearing of Harry Potter|a hearing]]
 
|Acquitted of all charges due to the fact that he technically did not break any laws. [[Dolores Umbridge]] was the one who secretly orchestrated this incident as part of the [[Campaign to Discredit Albus Dumbledore and Harry Potter|smear campaign]] against Harry.<ref name="OTP"/>
  
|Acquitted of all charges due to the fact that he technically did not break any laws. [[Dolores Umbridge]] was the one who secretly orchestrated this incident as part of the [[Campaign to Discredit Albus Dumbledore and Harry Potter|smear campaign]] against Harry.<ref name="OTP"/>
 
|}
  
|}
  +
  +
===Undetected breaches===
  +
* Harry Potter performed the [[Wand-Lighting Charm]] shortly after his illegal usage of the Patronus Charm and letter, it did not add to his offence.<ref name="OTP"/>
  +
* [[Tom Riddle]], at age 16 during his summer vacation, used the [[Stunning Spell]] to incapacitate his [[Morfin Gaunt|maternal uncle]], and then took [[Morfin Gaunt's wand|his wand]] for multitude of uses: the [[Unlocking Charm]] to break into the [[Riddle House]], the [[Killing Curse]] to murder his [[Riddle family|paternal family]], and then to [[False memory charm|implant a false memory]] into his uncle to frame him. The Ministry did not even account Tom into the multiple breaches, let alone crimes, due to his uncle was in the vicinity, who instead became the suspect for every magic performed.<ref name="HOB">''[[Harry Potter and the Half-Blood Prince]]''</ref>
  +
* [[Bellatrix Lestrange]] trained her nephew [[Draco Malfoy]] in various fields of magic, which would most likely require Draco himself to use magic, during his summer vacation at age 16. Due to Draco being raised in a [[Malfoy Manor|magical household]], with both his [[Narcissa Malfoy|mother]] and aunt being adult witches (albeit the latter being a wanted criminal), Draco's breaches could not be detected.<ref name="HOB"/>
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* When Harry Potter was caught in the [[Battle of the Seven Potters]], he used several spells to retaliate against the [[Death Eaters]], such as the Disarming and [[Mending Charm]]s. The Ministry ignored this breach due to wanting to keep the [[Azkaban]] [[Azkaban escapes|breakout]] a secret.<ref name="DH">''[[Harry Potter and the Deathly Hallows]]''</ref>
  +
* Before [[Sirius Black]] defected from his [[House of Black|family]] at age 16, he used the [[Permanent Sticking Charm]] to stick some muggle pictures of girls in his room. His breach was not detected due to his [[12 Grimmauld Place|household]] being a magical family.<ref name="DH"/>
  +
  ⚫
==Behind the scenes==
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*In the [[Harry Potter and the Chamber of Secrets (film)|film adaptation]] of ''[[Harry Potter and the Chamber of Secrets]]'', it is [[Hermione Granger]] who [[Oculus Reparo|magically repairs]] Harry's glasses at [[Diagon Alley]], not [[Arthur Weasley]], which should be a violation of this decree. However, because the only Muggles around were those aware of the Magical Community and she was accompanied by two adults, Hermione was not punished.
  ⚫
*In the [[Harry Potter and the Chamber of Secrets (film)|film version]] of ''[[Harry Potter and the Chamber of Secrets]]'' Harry did not receive a warning for the illegal use of a Hover Charm which caused a continuity error with the following films due to the fact that the book version caused the [[Dursley family]] to learn that Harry cannot use magic outside of school.
  ⚫
*The [[Harry Potter and the Prisoner of Azkaban (film)|film version]] of ''[[Harry Potter and the Prisoner of Azkaban]]'' has Harry using the spell [[Lumos Maxima]] and yet receiving no warning. It is also possible Lumos Maxima was considered too mundane to be monitored; moreover, it was not performed in front of Muggles.
   
 
==Appearances==
  
==Appearances==
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*''[[Harry Potter and the Order of the Phoenix]]''
  
*''[[Harry Potter and the Order of the Phoenix]]''
 
*''[[Harry Potter and the Order of the Phoenix (film)]]''
  
*''[[Harry Potter and the Order of the Phoenix (film)]]''
  +
*''[[The Tales of Beedle the Bard (real)|The Tales of Beedle the Bard]]'' {{C|explained by Albus Dumbledore in a footnote}}
−  
⚫
==Behind the scenes==
  
−
* In the [[Harry Potter and the Philosopher's Stone (film)|film version]] of ''[[Harry Potter and the Philosopher's Stone]]'' on the [[Hogwarts Express]], Hermione casts the [[Oculus Reparo]] spell to fix Harry's glasses - and she does it again in public in [[Diagon Alley]] in the [[Harry Potter and the Chamber of Secrets (film)|film version]] of ''[[Harry Potter and the Chamber of Secrets]]''. There is no indication that she got into trouble for either non-school use; it is possible the Reparo spell was considered too mundane or harmless to violate the so-called "Reasonable Restriction." And the first use of the spell might have been ignored if the train is considered an extension of the school. This latter point is supported by ''[[Harry Potter and the Order of the Phoenix]]'' in which [[Ginevra Weasley|Ginny Weasley]] casts the [[Scouring Charm]] aboard the Express without penalty. The second may have been ignored as she was in [[Diagon Alley]] which is a part of the wizarding world, and the only Muggles present were her parents and possibly the parents of other muggle-borns who are already aware of that world's existence.
  
⚫
*In the [[Harry Potter and the Chamber of Secrets (film)|film version]] of ''[[Harry Potter and the Chamber of Secrets]]'' Harry did not receive a warning for the illegal use of a Hover Charm which caused a continuity error with the following films due to the fact that the book version caused the [[Dursley family]] to learn that Harry cannot use magic outside of school.
  
⚫
*The [[Harry Potter and the Prisoner of Azkaban (film)|film version]] of ''[[Harry Potter and the Prisoner of Azkaban]]'' has Harry using the spell [[Lumos Maxima]] which was invented for the films despite his using it at the time would had a warning sent to him since he used it while at the Dursley's house.
  
−
*In [[Harry Potter and the Order of the Phoenix]], during the [[Disciplinary hearing of Harry Potter]], even though Harry had been given an official warning in [[1992]], and that he had not punished Harry personally in [[1993]], [[Cornelius Fudge]] attempted to use these incidents to expel Harry from [[Hogwarts School of Witchcraft and Wizardry|Hogwarts]] despite those incidents being completely irreverent to his recent illegal use of magic. In addition, despite [[Dobby]] being a witness in the underage magic incident in 1992, Fudge refused to let him testify due to Dobby being a [[House-elf]].
  
   
 
==Notes and references==
  
==Notes and references==
 
{{Reflist}}
  
{{Reflist}}
  +
  +
[[it:Decreto per la Ragionevole Restrizione delle Arti Magiche tra i Minorenni]]
  +
[[pl:Dekret o Uzasadnionych Restrykcjach wobec Niepełnoletnich Czarodziejów]]
 
[[Category:Rules and regulations]]
  
[[Category:Rules and regulations]]
  +
[[Category:Underage magic]]

Revision as of 19:26, 8 January 2016

Mafalda Hopkirk OOTP

Mafalda Hopkirk's Letter warning Harry Potter about his breach of the Decree

"Dear Mr. Potter,
We have received intelligence that you performed the Patronus Charm at twenty-three minutes past nine this evening in a Muggle-inhabited area and in the presence of a Muggle."
— Mafalda Hopkirk's letter adressed to Harry Potter on 2 August, 1995.[src]

The Decree for the Reasonable Restriction of Underage Sorcery is a bylaw of the Ministry of Magic, written in 1875, which bans the use of underage magic outside of school. The Decree is enforced by the Improper Use of Magic Office in the Ministry of Magic. The restriction is for wizards and witches who are under the age of seventeen, upon which The Trace still operates. Even so, the Ministry does recognise that they may have to use magic in certain situations such as self-defence in a life-threatening situation. In addition, young children of below school age, or children who are not in possession of a wand, are mostly exempt from the rule since they usually have little or no control over the magic they perform. Overall, it appears the Ministry of Magic generally limits enforcement of the decree to situations where underage wizards perform magic in front of Muggles.

Known contents

"In the matter of Harry Potter, the law clearly states that magic can be used before Muggles in life-threatening situations."
— Albus Dumbledore at Harry Potter's hearing[src]

Paragraph C of the clause states that it is a crime to knowingly perform magic in a Muggle-inhabited area and in the presence of a Muggle. However, Clause 7 also states that magic can be used in front of Muggles in exceptional circumstances, including situations when the life of the witch or wizard is threatened, or the lives of other witches, wizards and Muggles are threatened.[1]

Also, it seems that a high-authority person may give permission for an underage student to perform magic under circumstances; as Hogwarts Headmaster, Albus Dumbledore gave Harry Potter such an instruction if an attack was to eventuate, when he was 16 years old.[2]

It also appears that the riding of broomsticks does not constitute the "use" of magic, as Harry once played Quidditch with the Weasley's in 1994 shortly after the 1994 Quidditch World Cup, and none of them were expelled from Hogwarts.

Known breaches

Offender Crime Date Action taken Notes
Lily Evans Magic Between 1971 and early January 1977 Received a few warning letters None of her warning letters were “too serious”
Hermione Granger "A few simple spells" Summer of 1991 No action taken Hermione told Harry Potter and Ron Weasley just prior to their first year at Hogwarts that she had successfully cast a few spells[3], but apparently, she received no notice or warning about this being banned.
Harry Potter Illegal use of a Hover Charm 31st July 1992 Official warning The Hover Charm was actually produced by the House-elf Dobby.[4]
Harry Potter Illegal use of the Inflating Charm on his "Aunt" Marge August 6th 1993 No action taken Action not taken due to the recent escape of Sirius Black from Azkaban, and the need to keep Harry safe. Additionally, this was considered "accidental magic."[5]
Harry Potter Illegal use of the Patronus Charm in front of a Muggle 2 August, 1995 Expulsion from Hogwarts, later rescinded and given a hearing Acquitted of all charges due to the fact that he technically did not break any laws. Dolores Umbridge was the one who secretly orchestrated this incident as part of the smear campaign against Harry.[1]

Undetected breaches

Behind the scenes

Appearances

Notes and references

  1. ↑ 1.0 1.1 1.2 Harry Potter and the Order of the Phoenix
  2. ↑ Harry Potter and the Half-Blood Prince
  3. ↑ Harry Potter and the Philosopher's Stone
  4. ↑ Harry Potter and the Chamber of Secrets
  5. ↑ Harry Potter and the Prisoner of Azkaban
  6. ↑ 6.0 6.1 Harry Potter and the Half-Blood Prince
  7. ↑ 7.0 7.1 Harry Potter and the Deathly Hallows
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