Knives & Weapons
Knife Offences
Where a person has a knife or other article which has a blade or which is sharply pointed, in a public place, he is guilty of an offence. It is a defence if the person charged proves that he had the same with good reason or lawful authority including, for example, for work or recreational purposes.
Where a person without lawful authority or reasonable excuse has a flick knife or other article adapted for causing injury or incapacitating a person in his possession a public place, he is guilty of an offence.
A person who possesses in a public place without lawful authority or reasonable excuse an article intended to cause injury, incapacitate or intimidate another either in a particular eventuality or otherwise is guilty of an offence. It is not necessary for the prosecution to prove a specific intent to cause injury, incapacitate or intimidate.
Having regard to all the circumstances including the type of article, the time of day or night and the place, the court or the jury may if reasonable to do so, regard possession as sufficient evidence of the intent in the absence of an explanation to the contrary by the accused.
A person guilty of an offence under the above provisions is subject to a fine of €5,000 and or imprisonment of 12 months on summary conviction or up to five years and an unlimited fine on conviction on indictment. The offending articles may be forfeited by court order.
Aggravated Possession
It is an offence for a person to be on premises as a trespasser in possession of a knife or weapon of offence. A weapon of offence is any article made or adapted for causing injury to or incapacitating a person or intended by the person concerned for such use.
The offence is subject on summary conviction of up to 12 months imprisonment and a €5,000 fine or on conviction on indictment to five years imprisonment and an unlimited fine.
Where a person who is committing or appears to be about to commit an offence or in the course of a dispute or fight produces in a manner unlawfully to intimidate another, any article capable of inflicting serious injury, he is guilty of an offence. The offence is punishable by imprisonment up to one year and €5,000 fine on summary conviction and to five years imprisonment and an unlimited fine on indictment.
The Minister for Justice may by order prohibit the manufacture, import, test, and sale, hire alone of specified classes of offensive weapons.
Possession of Syringe
It is an offence to possess a syringe in a public place or blood container with intent to cause or threaten to cause an injury to or intimidate another person.
It is an offence to place or abandon a syringe in a public place in a manner likely to injure another person or which does, in fact, injure a person or where it is likely to injure cause or threat or frighten another person.
Imitation Firearms
It is an offence without lawful authority or reasonable excuse to possess a realistic imitation firearm in a public place. It is subject on summary conviction to a fine up to €5,000 and or 12 months imprisonment or on indictment. imprisonment of up to five years and an unlimited fine.
The superintendent of an Garda SÃochána may issue an authorisation to permit realistic or imitation firearms subject to certain conditions. He must be satisfied having regard to the circumstances that the possession of a realistic imitation firearm will not endanger public safety or peace.
Dealer
A person who deals in realistic imitation firearms must register with the Department of Justice. Â Minimum standards are prescribed in respect of the security, location of the premises, safety, the standard of constructions and types of merchandise.
It is an offence to import, manufacture, sell, repair, test, expose for sale or have possession of a realistic imitation firearm unless the person is registered in the register in relation to the same.
The Minister of Justice may ban the sale of realistic imitation firearms if they represent a threat to public safety or security.
Trespassing with a knife, weapon of offence or other article.
Where a person is on any premises as defined below as a trespasser, he shall be guilty of an offence if he has with him—
- Â any knife or other like article
- any weapon of offence (as defined).
Premises means any building, any part of a building and any land ancillary to a building;
Weapon of offence means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use.
A person guilty of an offence under this section shall be liable—
- on summary conviction, to a fine not exceeding €5,000]or to imprisonment for a term not exceeding twelve months or to both, or
- on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or to both.
Production of article capable of inflicting serious injury.
Where a person, while committing or appearing to be about to commit an offence, or in the course of a dispute or fight, produces in a manner likely unlawfully to intimidate another person any article capable of inflicting serious injury, he shall be guilty of an offence and shall be liable—
- on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding twelve months or to both, or
- on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or to both.
Power to prohibit manufacture, importation, sale, hire or loan of offensive weapons.
Any person who—
- manufactures, sells or hires, or offers or exposes for sale or hire, or by way of business repairs or modifies, or
- has in his possession for the purpose of sale or hire or for the purpose of repair or modification by way of business, or
- puts on display, or lends or gives to any other person,
a weapon to which this provision applies shall be guilty of an offence.
A person guilty of an offence under this section shall be liable—
-  on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding twelve months or to both, or
- on conviction on indictment, to a fine or to imprisonment for a term not exceeding 7 years or to both.
The Minister may by order direct that this section shall apply to any description of weapon specified in the order except any firearm subject to the Firearms Acts, 1925 to 1990.
The importation of such a weapon is hereby prohibited.
Forfeiture of weapons and other articles.
Where a person is convicted of an offence , the court by or before which he is convicted may order any article in respect of which the offence was committed to be forfeited and either destroyed or otherwise disposed of in such manner as the court may determine.
An order shall not take effect until the ordinary time for instituting an appeal against the conviction or order concerned has expired or, where such an appeal is instituted, until it or any further appeal is finally decided or abandoned or the ordinary time for instituting any further appeal has expired.
Power of Arrest & Search
A member of the Garda SÃochána may arrest without warrant any person who is, or whom the member, with reasonable cause, suspects to be, in the act of committing the above offences.
If a member of the Garda SÃochána suspects with reasonable cause that a person has with him or her in any public place he may:
- search the person and, if he or she considers it necessary for that purpose, detain the person for such time as is reasonably necessary for carrying out the search,
- search any vehicle, vessel or aircraft in which he or she suspects that such article may be found and for the purpose of carrying out the search may, if he or she thinks fit, require the person who for the time being is in possession or control of such vehicle, vessel or aircraft to bring it to a stop and when stopped to refrain from moving it, or in case such vehicle, vessel or aircraft is already stationary, to refrain from moving it, or
- seize and detain anything found in the course of a search under this section that appears to him or her to be something that might be required as evidence in proceedings for an offence in relation to offensive weapons.