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Changes: Decree for the Reasonable Restriction of Underage Sorcery

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===Undetected breaches===
 
===Undetected breaches===
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* Harry Potter performed the [[Wand-Lighting Charm]] shortly after his illegal usage of the Patronus Charm and letter, it did not add to his offense.<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>
 
* [[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"/>
 
* [[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"/>

Revision as of 19:33, October 19, 2012

Mafalda Hopkirk OOTP

Mafalda Hopkirk's Letter of 1995 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.

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 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 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]

Known breaches

Offender Crime Date Action taken Notes
Lily Evans Magic Between Jan 30, 1960 and Jan 30, 1976 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 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 July, 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

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