Garda Powers

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, insulting or obscene.
• Failure to comply with direction of member of Garda Síochána.
• Entering building, etc., with intent to commit an offence.
• Aggravated Trespass on building, etc.
• Riot.
• Violent disorder.
• Affray.
• Blackmail, extortion and demanding money with menaces.
• Assault with intent to cause bodily harm or commit an indictable offence.
• Assault or obstruction of a peace officer.

Where a member of the Garda Síochána is of the opinion that an offence has been committed under any of the above provisions on, the member may

demand the name and address of any person whom the member suspects, with reasonable cause, has committed, or whom the member finds committing, such an offence, and arrest without warrant any such person who fails or refuses to give his name and address when demanded, or gives a name or address which the member has reasonable grounds for believing is false or misleading.

Any person who fails or refuses to give his name and address when demanded or gives a name or address when so demanded which is false or misleading shall be guilty of an offence. A person guilty of an offence shall be liable on summary conviction to a fine not exceeding  € 1,000  or to a term of imprisonment not exceeding 6 months or to both.

Intoxicated Person

The following applies to a person of not less than 18 years of age who is suspected, with reasonable cause, by a member of the Gardai of having committed, the offence of intoxication in a public place to such an extent as would give rise to a reasonable apprehension that he might endanger himself or any other person in his vicinity.

Where such a person is arrested and brought to a Garda station, and he or she is a person whom the member of the Gardai in charge of the station is authorised to release on bail, the member may, instead of releasing the person on bail, release him or her unconditionally after serving on the person personally a notice in the prescribed form stating the below, or) informing him or her that such notice will be served on him or her by post.

Where the person concerned is not arrested, the member of the Gardai) may serve on the person personally or by post a notice in the prescribed form stating the matters specified or cause it to be so served.On the service of a notice, the (intoxication) offence is thereupon deemed to be a fixed charge offence, and the above provisions apply.

Fixed Charge Offences

There are on-the-spot fines / fixed charge offence notices in respect of disorderly conduct in a public place.  Garda Síochána may request a person’s name and address for such purpose.  Where the Garda is not satisfied with the name and address and verification they may be required to accompany the Garda to the Garda station. Failure to give an address or giving a false or misleading address is an offence.  The person may be arrested without a warrant.

A Fixed charge notice provides that when a person is alleged to have committed the offence that a prosecution will not be instituted if the person during 28 days from the notice, pays the fixed amount.  In default  of payment, the person is prosecuted

A member of the Gardai who has reasonable grounds for believing that a person is committing, or has committed, an offence of disorderly conduct may serve on the person personally or by post the notice below. A member of the Gardai may, for this purposes ) request the person concerned to give his or her name and address and to verify the information given, and) if not satisfied with the name and address or any verification given, request that the person accompany the member to a Garda station for the purpose of confirming the person’s name and address.

A person who does not give his or her name and address when requested to do so or gives a name or address that is false or misleading, or does not comply with this above request by a member is guilty of an offence and is liable on summary conviction to a fine not exceeding € 1,500.

A member of the Gardai who is of opinion that a person is committing, or has committed, the above offence may arrest the person without a warrant.

The fixed penalty  notice is in the prescribed form and states

• that the person on whom it is served is alleged to have committed the fixed charge offence concerned,
• when and where it is alleged to have been committed,
• that a prosecution for it will not be instituted if during the period of 28 days beginning on the date of the notice, the person pays the prescribed amount, o) within 28 days beginning on the expiration of that period, the person pays in accordance with the notice ]an amount which is 50 per cent greater than the prescribed amount,and that in default of such payment the person will be prosecuted for the alleged offence.

A prosecution in respect of the alleged fixed charge offence to which the notice relates shall not be instituted during the periods specified or, if payment is made, at all.

In a prosecution for a fixed charge offence it shall be presumed until the contrary is shown that  the relevant notice has been served or caused to be served, and payment pursuant to the relevant notice under this section accompanied by the notice, duly completed (unless the notice provides for payment without the notice accompanying the payment), has not been made.

Crowd Control and Events

The Gardai have powers for the purpose of crowd control at certain major events which are likely to attract a large assembly of persons.  They may authorise barriers on any roads, lanes and means of access, within a mile for the purpose of regulating access by persons and vehicles.

Where a barrier has been erected, a Garda in uniform may by verbal or manual direction,  divert persons generally or particular persons whether in vehicles or on foot, to another means of access.  Where tickets are required for the event, they may prohibit a person crossing a barrier, who has no such ticket.  They may indicate that to proceed beyond the barrier while in possession of intoxicating liquor, disposable drinks, containers or offensive articles will render the article or liquor liable to confiscation.

A member of an Garda Síochána shall not prohibit a person from crossing or passing the barrier save for diverting the person to another means of access if it appears that the person is seeking to do so for the purpose of having access to his dwelling or place of business or going for another lawful purpose to a place in the vicinity of the event.

The failure to obey a direction or comply with notices or signs constitutes to an offence subject to punishment on summary conviction to a fine up to €1,000.

Where a member of the Garda Síochána refuses to allow a person to proceed to the event or to proceed further under the above power and the person does not surrender the alcoholic liquor, disposable container or other article concerned, the member may require the person to leave the vicinity in an orderly and peaceful manner as directed by the member.

Where a barrier has been erected and it appears to a member of an Garda Síochána that a person on foot or in a vehicle has or is about to enter the place where the event is being to take place and the member of an Garda Síochána suspects with reasonable cause that the person has in his possession intoxicating liquor, a disposable container, or another article which, having regard to the circumstances and the nature of the event could be used to cause injury, then the person may be searched to ascertain whether he possesses the same.

The person concerned may be refused to be allowed to proceed unless he permanently surrenders the liquor, container or article to the member of an Garda Síochána.  Failure to comply with a direction or order constitutes an offence for which the person may be prosecuted summarily with a fine of up to €1,000.