Table of Contents
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, then each person who is using unlawful violence for the common purpose is guilty of the offence of riot.
The common purpose may be inferred and the person of reasonable firmness need not actually be present. It is immaterial whether or not the 12 or more persons use or threaten to use unlawful violence simultaneously at any place;
The punishment for conviction on indictment of the offence of riot is a fine and/or 10 years’ imprisonment.
3+ People Using or Threatening Violence
Where three or more persons together at a place use or threaten to use unlawful violence and the conduct has taken together is such that it would cause the person a reasonable firmness to fear for his or other person’s safety, then each is guilty of the offence of violent disorder. It is immaterial whether the person’s use or threat of unlawful violence occurred simultaneously and that no person of reasonable firmness was actually present.
A person may not be convicted of violent disorder unless he intends to use or threaten to use violence or is aware that conduct, may be violent or threaten violence. The punishment on conviction on indictment is up to 10 years imprisonment or fine on indictment or both.
2+ People Using or Threatening Violence
When two or more persons are present at a public or private place and use or threaten to use violence towards each other and the violence so caused or threatened by one is unlawful and the conduct taken together is such that it would cause a person of reasonable firmness to fear for his safety or that of another, then the person who uses or threatens unlawful violence is guilty of affray. A threat may not be composed of words alone.
A person of reasonable firmness need not actually be or likely to be present. A person may not be convicted of affray unless he intends to use or threaten to use violence or is aware his conduct may be violent or threaten violence. A person guilty of affray may be tried similarly, subject on conviction to a fine of up to €1,000 or 12 months’ imprisonment or indictment, or imprisonment up to 5 years on conviction on indictment .
Assaulting Medical Personnel
It is an offence carrying an increased level of fine and imprisonment to assault or threaten to assault persons providing medical services at a hospital or persons assisting them, persons who are officers of the peace or other persons assisting with intent to resist or prevent lawful apprehension of the detention of himself or another.
A person may be liable on summary conviction for a fine up to €5,000 and imprisonment not exceeding 12 months or an indictment for a fine and/ or imprisonment not exceeding 7 years.
A person who willfully resists or obstructs any of the above persons is guilty of an offence subject on summary conviction to a fine not exceeding €2,500 or 6 months imprisonment or both. An officer of the peace includes a member of Garda Síochána, a prison officer, a member of the fire brigade, ambulance, or member of the defence forces.
Demanding Money with Menaces.
It is an offence for any person who, with a view to gain for himself or another or with intent to cause loss to another, makes any unwarranted demand with menaces.
A demand with menaces is unwarranted unless the person making it does so in the belief that he has reasonable grounds for making the demand, and) that the use of the menaces is a proper means of reinforcing the demand;
The nature of the act or omission demanded is immaterial and it shall also be immaterial whether or not the menaces relate to action to be taken by the person making the demand. A person guilty of an offence is liable on summary conviction to a fine not exceeding € 2,500 or to imprisonment for a term not exceeding 12 months or to both, on conviction on indictment to a fine or to imprisonment for a term not exceeding 14 years or to both.
Assault Causing Harm
Any person who assaults any person with intent to cause bodily harm or to commit an indictable offence 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 € 2,500 ] r to imprisonment for a term not exceeding 12 months or to both, on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or to both.
Where it appears to a member of the Garda Síochána of Superintendent rank or above, that it is necessary in the interest of preserve order to restrict access of persons to the place where the event is taking place which is likely to attract a large assembly of persons, he may authorise Gardai to put in place barriers on any road, street, lane, alley or other means of access to such a place in a position not more than one mile therefrom for the purpose of regulating the access of persons or vehicles thereto.