Category: Public Order Offences

Criminal Organisation The 2006 Criminal Justice Acts strengthened measures directed at organised crime.  A criminal organisation means a structured group howsoever organised that has its main purpose or activity, the commission or facilitation of serious offences.  A serious offence is one for which a person may be imprisoned for four ears or more. A structured […]

Begging The Criminal Justice (Public Order) Act 2011 makes provision to prohibit harassment or intimidation of members of the  public by persons engaged in begging.  It gives powers o the Garda Siochana to give directions to desist from begging in certain circumstances. A person begs if without lawful authority he/she requests or solicits money or […]

Ant-Terrorism Conventions The Criminal Justice (Terrorist Offences) Act 2005 was enacted to give effect to a number of international Conventions and commitments undertaken by the States or by the European Union on behalf of the State. These include the European Union Framework Decision on Combating Terrorism; International Convention against Taking of Hostages; Convention on the […]

Offence of Participation A person is guilty of an offence if, with knowledge of the existence of the organisation, a person participates in or contributes to any activity (whether constituting an offence or not) intending either to enhance the ability of the criminal organisation or any of its members to commit or facilitate the commission […]

Criminal Organisation The Criminal Justice Act 2006 sought to target criminal organisations and organised crime. The legislation originated both from so-called gangland crimes but also from EU and international obligations. A criminal organisation is a structured group, however, organised, that has as its main purpose or activity, the commission or facilitation of serious offences. A […]

Stirring up Hatred The Prohibition of Incitement to Hatred Act 1989 criminalises acts which are likely to stir up hatred. It is an offence to publish or distribute written material; to use words, behave or display written material, in any place, other than inside of private residence or inside of private residence so that the […]

Escaping Lawful Custody It is an offence at common law to escape from lawful custody. This may apply both before a trial where a person is lawfully detained and after trial when a person is lawfully imprisoned. It is an offence for any law officer or other person engaged in the custody of prisoners to […]

Common law Crimes & Justice System The ancient common law crimes of barratry, maintenance and champerty seek to prevent persons without a direct interest in litigation from supporting it. It is assumed that this will increase the risk of unjustified litigation and create perverse incentives. Maintenance is an offence that consists of unlawful taking up […]

Procedural Aspects Where in proceedings, it is proved that a person has received a donation in excess of the amounts allowed under electoral law (whether general or local elections) and the person fails to disclose the donation to the Public Offices Commission or local authority and the donor had an interest in the person doing […]

Corruption Offences The law on corruption has been modernised in recent years following the exposure of shortcomings. The Public Bodies Corrupt Practices Act 1889 criminalises bribery and corruption of and by members and officers of public bodies. It is an offence to corruptedly solicit or corruptedly give any benefit, gift or payment. Any person who […]

Garda Powers A member of an Garda Síochána may require a person’s name and address and an account of movements if he has reasonable grounds for believing that a scheduled offence has been committed and has grounds for believing a person whom he finds at or near the place or time of commission or afterwards, […]

Modern Anti-Terrorism Legislation There exist three strands of antiterrorist legislation in Ireland.  The first derives from subversive activity in the early years of the State.  The second derives from the so-called Northern Ireland troubles and the third derives from post-9/11 internationally driven antiterrorist legislation. Modern antiterrorism legislation has been adopted under the EU framework decision […]

If  the government is satisfied that the ordinary courts are inadequate to secure the effective administration of justice and preservation of public peace and order, Special Criminal Courts may be established.  Special Criminal Courts are non-jury courts.   When the government is satisfied that the administration of justice or preservation of peace and order in […]

Offences Against the State Act 1939 Prior to the adoption of the Constitution in 1937, there existed a series of emergency legislation designed to deal with subversive anti-government activity.  The 1922 Constitution was largely suspended and overwritten by this legislation.  This position was upheld in a very famous case in 1931 State (Ryan) v Lennon. […]

Arrest without Warrant. Where a member of the Garda Síochána finds any person committing any of the following offence under a relevant provision, the member may arrest such person without warrant. Intoxication in public place. Threatening, abusive or insulting behaviour in public place. Distribution or display in public place of material which is threatening, abusive, […]

12+ People Using or Threatening Violence Where 12 or more persons who are present together in a public or private place or both) use or threaten to use unlawful violence for a common purpose and the conduct taken together is such that it would cause a person of reasonable firmness to fear for his safety, […]

Drunk and Disorderly It is an offence to be intoxicated in a public place to the extent that there is a reasonable apprehension that a person may endanger himself or others in the vicinity.  A public place includes roadways, trains, vessels, busses,  recreational areas or other areas to which the public has access either by […]

Trespasser and Apprehended Offence It is an offence to enter any building or its curtilage (surrounds) as a trespasser or be within the vicinity of a building in circumstances which give rise to a reasonable inference that the entry or presence was with the intent to commit an offence or intent to unlawfully interfere with […]

Bigamy Bigamy is an offence contrary to the Offences against the Persons Act.  A person who is married and goes through a ceremony or marriage is guilty of bigamy.  The existing marriage must be valid.  This must be proved in the prosecution.  The offence is constituted by purporting to marry or going through a ceremony […]