Land Related
CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994
REVISED
Updated to 1 November 2023
AN ACT TO ABOLISH CERTAIN COMMON LAW OFFENCES RELATING TO PUBLIC ORDER AND TO PROVIDE CERTAIN STATUTORY OFFENCES RELATING TO PUBLIC ORDER IN LIEU THEREOF, TO PROVIDE FOR ADDITIONAL POWERS OF CROWD CONTROL BY MEMBERS OF THE GARDA SÍOCHÁNA IN, OR OF CONTROL BY SUCH MEMBERS OF ACCESS TO, THE VICINITY OF CERTAIN EVENTS AND TO PROVIDE FOR OFFENCES RELATING THERETO, TO PROVIDE FOR OTHER MATTERS RELATING TO PUBLIC ORDER AND TO FINES AND TERMS OF IMPRISONMENT IN RESPECT OF CERTAIN OFFENCES AND FOR THOSE AND OTHER PURPOSES TO AMEND THE CRIMINAL LAW AND ADMINISTRATION. [3rd March, 1994]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Editorial Notes:
E1
Conviction of certain offences under ss. 4-8, 8A(4), 9 and ss. 14-19 excluded from exemption from disclosure by National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (47/2012), s. 14A and sch. 3 as inserted (29.04.2016) by Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), ss. 21, 29, S.I. No. 215 of 2016.
E2
Sentences imposed for certain offences under ss. 4-8, 8A, 9 may be excluded from limitation of single offence to qualify for being regarded as spent, as provided (29.04.2016) by Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), s. 5(3), (5), S.I. No. 215 of 2016.
E3
A number of instruments refer to offences under this Act as disqualifying or potentially disqualifying offences, or as otherwise meriting certain treatment. They are:
• Housing (Sale of Local Authority Houses) Regulations 2015 (S.I. No. 484 of 2015), reg. 7
• Taxi Regulation Act 2013 (37/2013), ss. 30, 31 and sch. part 2 item 2
• Housing (Incremental Purchase) Regulations 2010 (S.I. No. 252 of 2010), reg. 6
• Criminal Justice Act 2007 (29/2007), ss. 25, 26 and sch. 2 para. 10
PART I
Preliminary and General
Short title, collective citation and commencement.
1.—(1) This Act may be cited as the Criminal Justice (Public Order) Act, 1994.
(2) The Vagrancy Acts, 1824 and 1988, and section 12 may be cited together as the Vagrancy Acts, 1824 to 1994.
(3) This Act shall come into operation one month after its passing.
Interpretation (general).
2.—(1) A reference in this Act to a Part or to a section is a reference to a Part or section of this Act unless it is indicated that a reference to some other Act is intended.
(2) A reference in this Act to a subsection or to a paragraph is to the subsection or paragraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended.
PART II
Offences Relating to Public Order
Interpretation (Part II).
3.—In this Part, except where the context otherwise requires—
“dwelling” includes a building, vehicle or vessel ordinarily used for habitation;
“private place” means a place that is not a public place;
“public place” includes—
(a) any highway,
(b) any outdoor area to which at the material time members of the public have or are permitted to have access, whether as of right or as a trespasser or otherwise, and which is used for public recreational purposes,
(c) any cemetery or churchyard,
(d) any premises or other place to which at the material time members of the public have or are permitted to have access, whether as of right or by express or implied permission, or whether on payment or otherwise, and
(e) any train, vessel or vehicle used for the carriage of persons for reward.
Annotations:
Modifications (not altering text):
C1
Definition of “public place” construed (3.07.2021) by Civil Law (Miscellaneous Provisions) Act 2021 (14/2021), s. 6, commenced as per s. 9(3).
Application of Criminal Justice (Public Order) Act 1994
6. For the avoidance of doubt, an outdoor seating area on private land is a public place for the purposes of the Criminal Justice (Public Order) Act 1994.
Entering building, etc., with intent to commit an offence.
11.—(1) It shall be an offence for a person—
(a) to enter any building or the curtilage of any building or any part of such building or curtilage as a trespasser, or
(b) to be within the vicinity of any such building or curtilage or part of such building or curtilage for the purpose of trespassing thereon,
in circumstances giving rise to the reasonable inference that such entry or presence was with intent to commit an offence or with intent to unlawfully interfere with any property situate therein.
(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding F12[€2,500] or to imprisonment for a term not exceeding 6 months or to both.
Annotations
Amendments:
F12
Substituted (30.07.2008) by Intoxicating Liquor Act 2008 (17/2008), s. 22 and sch. 2, S.I. No. 286 of 2008. A fine of €2,500 translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.
Editorial Notes:
E14
Persons convicted of offence under section may be subject to restriction on movement orders as provided (2.10.2006) by Criminal Justice Act 2006 (26/2006), s. 101 and sch. 3 para. 1, S.I. No. 390 of 2006.
Amendment of Vagrancy Act, 1824.
12.—Section 4 (as applied to Ireland by the Prevention of Crimes Act, 1871) of the Vagrancy Act, 1824, is hereby amended by the deletion of “every person being found in or upon any dwelling house, warehouse, coach-house, stable, or outhouse, or in any enclosed yard, garden or area, for any unlawful purpose;”.
Trespass on building, etc.
13.—(1) It shall be an offence for a person, without reasonable excuse, to trespass on any building or the curtilage thereof in such a manner as causes or is likely to cause fear in another person.
(2) (a) Where a member of the Garda Síochána finds a person in a place to which subsection (1) relates and suspects, with reasonable cause, that such person is or has been acting in a manner contrary to the provisions of that subsection, then the member may direct the person so suspected to do either or both of the following, that is to say:
(i) desist from acting in such a manner, and
(ii) leave immediately the vicinity of the place concerned in a peaceable or orderly manner.
(b) It shall be an offence for any person, without lawful authority or reasonable excuse, to fail to comply with a direction given by a member of the Garda Síochána under this section.
(3) (a) A person who is guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding F13[€2,500] or to imprisonment for a term not exceeding 12 months or to both.
(b) A person who is guilty of an offence under subsection (2) shall be liable on summary conviction to a fine not exceeding F14[€1,000] or to imprisonment for a term not exceeding 6 months or to both.
Annotations
Amendments:
F13
Substituted (30.07.2008) by Intoxicating Liquor Act 2008 (17/2008), s. 22 and sch. 2, S.I. No. 286 of 2008. A fine of €2,500 translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.
F14
Substituted (30.07.2008) by Intoxicating Liquor Act 2008 (17/2008), s. 22 and sch. 2, S.I. No. 286 of 2008. A fine of €1,000 translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(3) and table ref. no. 1, S.I. No. 662 of 2010.
Editorial Notes:
E15
Persons convicted of offence under section may be subject to restriction on movement orders as provided (2.10.2006) by Criminal Justice Act 2006 (26/2006), s. 101 and sch. 3 para. 1, S.I. No. 390 of 2006.
Riot.
14.—(1) Where—
(a) 12 or more persons who are present together at any place (whether that place is a public place or a private place or both) use or threaten to use unlawful violence for a common purpose, and
(b) the conduct of those persons, taken together, is such as would cause a person of reasonable firmness present at that place to fear for his or another person’s safety,
then, each of the persons using unlawful violence for the common purpose shall be guilty of the offence of riot.
(2) For the purposes of this section—
(a) it shall be immaterial whether or not the 12 or more persons use or threaten to use unlawful violence simultaneously at any place;
(b) the common purpose may be inferred from conduct;
(c) no person of reasonable firmness need actually be, or be likely to be, present at that place.
(3) A person guilty of an offence of riot shall be liable on conviction on indictment to a fine or to imprisonment for a term not exceeding 10 years or to both.
(4) The common law offence of riot is hereby abolished.
Annotations
Editorial Notes:
E16
Offences under section deemed “serious offences” for the purpose of refusal of bail (4.09.1998) by Bail Act 1997 (16/1997), ss. 1, 2 and sch. paras. 28, 29, 30, S.I. No. 315 of 1998.
Violent disorder.
15.—(1) Where—
(a) three or more persons who are present together at any place (whether that place is a public place or a private place or both) use or threaten to use unlawful violence, and
(b) the conduct of those persons, taken together, is such as would cause a person of reasonable firmness present at that place to fear for his or another person’s safety,
then, each of the persons using or threatening to use unlawful violence shall be guilty of the offence of violent disorder.
(2) For the purposes of this section—
(a) it shall be immaterial whether or not the three or more persons use or threaten to use unlawful violence simultaneously;
(b) no person of reasonable firmness need actually be, or be likely to be, present at that place.
(3) A person shall not be convicted of the offence of violent disorder unless the person intends to use or threaten to use violence or is aware that his conduct may be violent or threaten violence.
(4) A person guilty of an offence of violent disorder shall be liable on conviction on indictment to a fine or to imprisonment for a term not exceeding 10 years or to both.
(5) A reference, however expressed, in any enactment passed before the commencement of this Act—
(a) to the common law offence of riot, or
(b) to the common law offence of riot and to tumult,
shall be construed as a reference to the offence of violent disorder.
(6) The common law offence of rout and the common law offence of unlawful assembly are hereby abolished.
Annotations
Editorial Notes:
E17
Offences under section deemed “serious offences” for the purpose of refusal of bail (4.09.1998) by Bail Act 1997 (16/1997), ss. 1, 2 and sch. paras. 28, 29, 30, S.I. No. 315 of 1998.
Affray.
16.—(1) Where—
(a) two or more persons at any place (whether that place is a public place or a private place or both) use or threaten to use violence towards each other, and
(b) the violence so used or threatened by one of those persons is unlawful, and
(c) the conduct of those persons taken together is such as would cause a person of reasonable firmness present at that place to fear for his or another person’s safety,
then, each such person who uses or threatens to use unlawful violence shall be guilty of the offence of affray.
(2) For the purposes of this section—
(a) a threat cannot be made by words alone;
(b) no person of reasonable firmness need actually be, or be likely to be, present at the place where the use or threat of violence occurred.
(3) A person shall not be convicted of the offence of affray unless the person intends to use or threaten to use violence or is aware that his conduct may be violent or threaten violence.
(4) A person guilty of an offence of affray shall be liable—
(a) on summary conviction to a fine not exceeding F15[€1,000] or to imprisonment for a term not exceeding 12 months or to both,
(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or to both.
(5) The common law offence of affray is hereby abolished.
Annotations
Amendments:
F15
Substituted (30.07.2008) by Intoxicating Liquor Act 2008 (17/2008), s. 22 and sch. 2, S.I. No. 286 of 2008. A fine of €1,000 translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(3) and table ref. no. 1, S.I. No. 662 of 2010.
Editorial Notes:
E18
Persons convicted of offence under section may be subject to restriction on movement orders as provided (2.10.2006) by Criminal Justice Act 2006 (26/2006), s. 101 and sch. 3 para. 1, S.I. No. 390 of 2006.
E19
Offences under section deemed “serious offences” for the purpose of refusal of bail (4.09.1998) by Bail Act 1997 (16/1997), ss. 1, 2 and sch. paras. 28, 29, 30, S.I. No. 315 of 1998.
PART IIA
Offences Relating to Entering and Occupying Land Without Consent]
F26[
Interpretation (Part IIA).
19A.—(1) In this Part, except where the context otherwise requires—
“Commissioner” means the Commissioner of the Garda Síochána;
“consent duly given” means consent given by—
(a) in the case of lands referred to in subsection (2)(a), the relevant statutory body,
(b) in the case of lands referred to in subsection (2)(b), the relevant trustees, and
(c) in any other case, the owner concerned;
“health board” means
(a) a health board established under the Health Act, 1970,
(b) the Eastern Regional Health Authority, or
(c) an Area Health Board established under the Health (Eastern Regional Health Authority) Act, 1999;
F27[“local authority” means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);]
“object” includes any temporary dwelling (within the meaning of section 69 of the Roads Act, 1993) and an animal of any kind or description;
“owner” means—
(a) in relation to land, the person lawfully entitled—
(i) to possession, and
(ii) to the immediate use and enjoyment,
of the land as the owner, lessee, ten-and or otherwise, or any person acting on behalf of that person;
(b) in relation to land referred to in paragraph (a) or (b) of subsection (2), the relevant statutory body or trustees, as the case may be;
“statutory body” means—
(a) a Minister of the Government,
(b) the Commissioners of Public Works in Ireland,
(c) a local authority,
(d) a harbour authority within the meaning of the Harbours Act, 1946, or a company established pursuant to section 7 of the Harbours Act, 1996,
(e) a health board,
F28[ (f) an education and training board,]
(g) any other body established—
(i) by or under any enactment (other than the Companies Acts, 1963 to 2001), or
(ii) under the Companies Acts, 1963 to 2001, in pursuance of powers conferred by or under another enactment,
and financed wholly or partly by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government, and subsidiary of any such body.
(2) In this part a reference to land includes—
(a) land provided or maintained by a statutory body primarily for the amenity or recreation of the public or any class of persons (including any park, open space, car park, playing field or other space provided for recreational, community or conservation purposes) or is land within the curtilage of any public building,
(b) land held by trustees for the benefit of the public or any class of the public, and
(c) land covered by water.]
Annotations
Amendments:
F26
Inserted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 24, S.I. No. 329 of 2002.
F27
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(8) and sch. 2 part 6, S.I. 214 of 2014.
F28
Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72(1) and sch. 6 item 14, S.I. No. 211 of 2013.
F26[
Extent of application (Part IIA), etc.
19B.—(1) This Part does not apply to any public road within the meaning of the Roads Act, 1993.
(2) This Part is without prejudice to any other enactment (including any other provision of this Act) or any rule of law.]
Annotations
Amendments:
F29
Inserted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 24, S.I. No. 329 of 2002.
F26[
Entry on and occupation of land or bringing onto or placing an object on land without consent.
19C.—(1) A person, without the duly given consent of the owner, shall not—
(a) enter and occupy any land, or
(b) bring onto or place on any land any object,
where such entry or occupation or the bringing onto or placing on the land of such object is likely to—
(i) substantially damage the land,
(ii) substantially and prejudicially affect any amenity in respect of the land,
(iii) prevent persons entitled to use the land or any amenity in respect of the land from making reasonable use of the land or amenity,
(iv) otherwise render the land or any amenity in respect of the land, or the lawful use of the land or any amenity in respect of the land, unsanitary or unsafe,
(v) substantially interfere with the land, any amenity in respect of the land, the lawful use of the land or any amenity in respect of the land.
(2) A person who contravenes subsection (1) shall be guilty of an offence.
(3) Where a member of the Garda Síochána has reason to believe that a person is committing or has committed an offence under subsection (1) the member—
(a) may demand of the person his or her name and address,
(b) may direct the person to leave the land concerned and to remove from the land any object that belongs to the person or that is under his or her control, and
(c) shall inform the person of the nature of the offence in respect of which it is suspected that person has been involved and the statutory consequences of failing to comply with a demand or direction under this subsection.]
Annotations
Amendments:
F30
Inserted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 24, S.I. No. 329 of 2002.
F26[
Refusing or failing to give name or address or failure to comply with direction.
19D.—Where a person—
(a) refuses or fails to give his or her name and address to a member of the Garda Síochána when demanded under section 19C, or gives to the member a name or address that is false or misleading, or
(b) fails to comply with a direction under that section,
he or she shall be guilty of an offence.]
Annotations
Amendments:
F31
Inserted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 24, S.I. No. 329 of 2002.
F26[
Arrest without warrant.
19E.—A member of the Garda Síochána may arrest without warrant a person—
(a) who fails or refuses to give his or her name and address when demanded under section 19C(3)(a) or gives a name or address which the member has reasonable grounds for believing is false or misleading,
(b) who fails to comply with a direction given under section 19C(3)(b), or
(c) whom the member finds committing an offence under section 19C(1).]
Annotations
Amendments:
F32
Inserted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 24, S.I. No. 329 of 2002.
F26[
Removal, storage and disposal of object.
19F.—(1) Where a person fails to comply with a direction under section 19C(3)(b), a member of the Garda Síochána may remove or cause to be removed any object which the member has reason to believe was brought onto or placed on the land in contravention of section 19C(1) and may store or cause to be stored such object so removed.
(2) Any person who obstructs or impedes or assists a person to obstruct or impede a member of the Garda Síochana in the execution of his or her duty under this section shall be guilty of an offence.
(3) Where an object has been removed under this section without the presence or knowledge of any person claiming to own, occupy, control or otherwise retain it, the Commissioner shall serve or cause to be served upon each such person whose name and address can be ascertained by reasonable enquiry, a notice informing the person where the object may be claimed and recovered, requiring the person to claim and recover it within one month of the date of service of the notice and informing him or her of the statutory consequences of his or her failure to do so.
(4) An object removed and stored under this section shall be given to a person claiming possession of the object if, but only if, he or she makes a declaration in writing that he or she is the owner of the object or is authorised by its owner to claim it or is, for a specified reason, otherwise entitled to possession of it and, at the discretion of the Commissioner, the person pays the amount of any expenditure reasonably incurred in removing and storing the object.
(5) The Commissioner may dispose of, or cause to be disposed of, an object removed and stored under this section if—
(a) the owner of the object fails to claim it and remove it from the place where it is stored within one month of the date on which a notice under subsection (3) was served on him or her, or
(b) the name and address of the owner of the object cannot be ascertained by reasonable enquiry.
(6) Where the Commissioner becomes entitled to dispose of or cause to be disposed of an object under subsection (5) and the object is, in his or her opinion, capable of being sold, the Commissioner shall be entitled to sell or cause to be sold the object for the best price reasonably obtainable and upon doing so shall pay or cause to be paid to the person who was the owner of the object at the time of its removal, where the name and address of the owner can be ascertained by reasonable enquiry, a sum equal to the proceeds of such sale after deducting therefrom any expenditure reasonably incurred in its removal, storage and sale.]
Annotations
Amendments:
F33
Inserted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 24, S.I. No. 329 of 2002.
F26[
Penalties and proceedings.
19G.—(1) A person guilty of an offence under this Part shall be liable on summary conviction to a fine not exceeding F35[€4,000] or to a term of imprisonment not exceeding one month or to both.
(2) In any proceedings for an offence under this Part it shall be presumed until the contrary is shown that consent under this Part was not given.]
Annotations
Amendments:
F34
Inserted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 24, S.I. No. 329 of 2002. A fine of €4,000 translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(3) and table ref. no. 1, S.I. No. 662 of 2010.
F35
substituted (30.07.2008) by Intoxicating Liquor Act 2008 (17/2008), s. 22 and sch. 2, S.I. No. 286 of 2008.
F26[
Jurisdiction of District Court.
19H.—(1) Notwithstanding any statutory provision or rule of law to the contrary, the jurisdiction of the District Court shall not, in summary proceedings in relation to an offence under this Part, be ousted by reason solely of a question of title to land being brought into issue.
(2) Where in summary proceedings in relation to an offence under this Part a question of title to land is brought into issue, the decision of a justice of the District Court in the proceedings or on the question shall not operate as an estoppel in, or a bar to, proceedings in any court in relation to the land.]
Annotations
Amendments:
F36
Inserted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 24, S.I. No. 329 of 2002.
PROHIBITION OF FORCIBLE ENTRY AND OCCUPATION ACT, 1971
AN ACT TO PROHIBIT FORCIBLE ENTRY AND OCCUPATION OF PROPERTY AND TO PROVIDE FOR RELATED MATTERS. [1st September, 1971.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Interpretation.
1.—(1) In this Act—
“forcibly” means using or threatening to use force in relation to person or property, and for this purpose participation in action or conduct with others in numbers or circumstances calculated to prevent by intimidation the exercise by any person of his rights in relation to any property shall constitute a threat to use force, and “forcible” shall be construed accordingly;
“land” includes—
(a) messuages and tenements of any tenure,
(b) land covered by water,
(c) houses or other buildings or structures whatsoever (including caravans and mobile homes) and parts of any such houses, buildings or structures whether divided vertically, horizontally or otherwise,
(d) incorporeal hereditaments of any tenure;
“owner”, in relation to land, includes the lawful occupier, every person lawfully entitled to the immediate use and enjoyment of unoccupied land, any person having an estate or interest in land (including a person who remains in occupation of land after the determination of his tenancy therein), the owner of the servient tenement (in relation to an easement or profit á prendre), the owner of an easement or profit á prendre (in relation to the servient tenement) and, in relation to land or a vehicle, any person acting on behalf of the owner, and “ownership” shall be construed accordingly;
“vehicle” means an aircraft not in flight, a train, an omnibus or a boat, ship or other vessel in any port or harbour, or on any river or lake, in the State or anywhere in territorial waters.
(2) The doing of an act, which, if done by the owner of an incorporeal hereditament, would be an exercise of a right that is the subject of or attached to the hereditament shall, for the purposes of this Act, be deemed, in relation to the hereditament, to constitute an entry and an occupation of land.
(3) Nothing in this Act shall apply to an entry or an occupation of land or a vehicle in the exercise of lawful authority or with the permission of the owner.
(4) Nothing in this Act shall affect the law relating to acts done in contemplation or furtherance of a trade dispute within the meaning of the Trade Disputes Act, 1906.
(5) Nothing in this Act shall be regarded as conferring on any person any right to entry or occupation of land which did not exist immediately before the commencement of this Act.
Offence of forcible entry of land or a vehicle.
2.—A person who forcibly enters land or a vehicle shall be guilty of an offence unless—
(a) he is the owner of the land or vehicle, or
(b) if he is not the owner, he does not interfere with the use and enjoyment of the land or vehicle by the owner and, if requested to leave the land or vehicle by the owner or by a member of the Garda Síochána in uniform, he does so with all reasonable speed and in a peaceable manner, or
(c) he enters in pursuance of a bona fide claim of right.
Offence of remaining in forcible occupation of land or a vehicle.
3.—(1) A person who remains in forcible occupation of land or a vehicle shall be guilty of an offence unless he is the owner of the land or vehicle or so remains thereon in pursuance of a bona fide claim of right.
(2) In this section “forcible occupation of land or a vehicle” includes—
(a) the act of locking, obstructing or barring any window, door or other entry to or means of exit from land or a vehicle with a view to preventing or resisting a lawful attempt to enter the land or vehicle,
(b) the act of erecting a physical obstacle to an entry to or means of exit from land or a vehicle with a view to preventing or resisting a lawful attempt to enter the land or vehicle,
(c) the act of physically resisting a lawful attempt at ejection from land or a vehicle.
Offence of encouragement of advocacy of offence under section 2 or 3.
4.—(1) A person who encourages or advocates the commission of an offence under section 2 or 3 of this Act shall be guilty of an offence.
(2) Where a statement in contravention of subsection (1) of this section is made by or on behalf of a group of persons, every person who is a member of the group and who consented to the making of the statement shall be guilty of an offence under that subsection.
(3) In a prosecution of a person (in this subsection referred to as the defendant) as a member of a group for an offence under subsection (1) of this section in relation to a statement made by or on behalf of the group, if, having regard to all the circumstances (including the constitution and rules, if any, of the group, and the extent to which the defendant had participated in the activities of the group), the court thinks it reasonable to do so, it may regard proof of the defendant’s membership of the group and of the making of the statement by or on behalf of the group as proof of consent on the part of the defendant in the absence of any adequate explanation by him.
Proof of ownership of land or a vehicle.
5.—In any proceedings in relation to an offence under section 2 , 3 or 4 of this Act or to conspiracy to commit such an offence, unless the defendant shows to the satisfaction of the court that he or, in the case of proceedings relating to an offence under section 4, every person whom he encouraged or attempted to encourage has a bona fide claim to ownership of the land or vehicle, it shall not be necessary for the prosecution to prove ownership of the land or vehicle.
Taking into account by court of certain damage to property.
6.—Where—
(a) an offence under section 2 or 3 of this Act is committed by a person (in this subsection referred to as the defendant) who, upon being requested (either by the owner of the land or vehicle to which the offence relates or by a member of the Garda Síochána in uniform) to leave the land or vehicle, or to permit entry to the land or vehicle by a person lawfully entitled to such entry, fails or refuses to do so with all reasonable speed, and
(b) damage to property is reasonably and unavoidably caused by the owner or a member of the Garda Síochána, in the course of lawfully entering or attempting to enter the land or vehicle, or lawfully taking or attempting to take possession of the land or vehicle, or lawfully ejecting or attempting to eject the defendant from the land or vehicle,
the court, in coming to a decision as to the penalty, may take the damage to property into account as if that damage had been caused by the defendant and may have regard to whether or not the defendant has compensated the owner in respect of that damage.
Penalties.
7.—Every person who commits an offence under this Act shall be liable—
(a) on summary conviction in the case of a first offence under this Act, to a fine not exceeding £50 or to imprisonment for a term not exceeding 6 months or to both such fine and such imprisonment,
(b) on summary conviction in the case of a second or subsequent offence under this Act, to a fine not exceeding £100 or to imprisonment for a term not exceeding 12 months or to both such fine and such imprisonment,
(c) on conviction on indictment, to a fine not exceeding £500 or to imprisonment for a term not exceeding 3 years or to both such fine and such imprisonment.
Jurisdiction of District Court.
8.—(1) Notwithstanding any statutory provision or rule of law to the contrary, the jurisdiction of the District Court shall not, in summary proceedings in relation to an offence under this Act, be ousted by reason solely of a question of title to land being brought into issue.
(2) Where in summary proceedings in relation to an offence under this Act a question of title to land is brought into issue, the decision of a justice of the District Court in the proceedings or on the question shall not operate as an estoppel in, or a bar to, proceedings in any court in relation to the land.
Powers of Garda Síochána to arrest without warrant.
9.—A member of the Garda Síochána may arrest a person without warrant where—
(a) the member knows or has reasonable cause for suspecting that the person is committing an offence under section 3 of this Act, and
(b) the owner of the land or vehicle to which the offence relates represents to any member of the Garda Síochána, and the member proposing to make the arrest reasonably believes, that, as a result of the continuance of the offence, serious damage to the land or vehicle or serious interference with the lawful rights of the owner in relation thereto, or serious inconvenience to the public or a section thereof, is being or will be caused, and
(c) the member proposing to make the arrest reasonably believes that the arrest is necessary to prevent the damage, interference or inconvenience, and
(d) it is not reasonably practicable to apply for a warrant.
Short title and commencement.
10.—(1) This Act may be cited as the Prohibition of Forcible Entry and Occupation Act, 1971.
(2) This Act shall come into operation on such day as the Minister for Justice appoints by order for that purpose.