<\/span><\/h3>\nThe Gardai have powers for the purpose of crowd control at certain major events which are likely to attract a large assembly of persons.\u00a0 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.<\/p>\n
Where a barrier has been erected, a Garda in uniform may by verbal or manual direction, \u00a0divert persons generally or particular persons whether in vehicles or on foot, to another means of access.\u00a0 Where tickets are required for the event, they may prohibit a person crossing a barrier, who has no such ticket.\u00a0 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.<\/p>\n
A member of an Garda S\u00edoch\u00e1na 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.<\/p>\n
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 \u20ac1,000.<\/p>\n
Where a barrier has been erected and it appears to a member of an Garda S\u00edoch\u00e1na 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 S\u00edoch\u00e1na 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.<\/p>\n
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 S\u00edoch\u00e1na.\u00a0 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 \u20ac1,000<\/p>\n
<\/p>\n
<\/p>\n
CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994<\/h2>\n
REVISED<\/p>\n
Updated to 1 November 2023<\/p>\n
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 S\u00cdOCH\u00c1NA 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]<\/p>\n
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n
Annotations<\/p>\n
Editorial Notes:<\/p>\n
E1
\nConviction 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.<\/p>\n
E2
\nSentences 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.<\/p>\n
E3
\nA number of instruments refer to offences under this Act as disqualifying or potentially disqualifying offences, or as otherwise meriting certain treatment. They are:<\/p>\n
\u2022 Housing (Sale of Local Authority Houses) Regulations 2015 (S.I. No. 484 of 2015), reg. 7<\/p>\n
\u2022 Taxi Regulation Act 2013 (37\/2013), ss. 30, 31 and sch. part 2 item 2<\/p>\n
\u2022 Housing (Incremental Purchase) Regulations 2010 (S.I. No. 252 of 2010), reg. 6<\/p>\n
\u2022 Criminal Justice Act 2007 (29\/2007), ss. 25, 26 and sch. 2 para. 10<\/p>\n
PART I<\/p>\n
Preliminary and General<\/p>\n
Short title, collective citation and commencement.<\/p>\n
1.\u2014(1) This Act may be cited as the Criminal Justice (Public Order) Act, 1994.<\/p>\n
(2) The Vagrancy Acts, 1824 and 1988, and section 12 may be cited together as the Vagrancy Acts, 1824 to 1994.<\/p>\n
(3) This Act shall come into operation one month after its passing.<\/p>\n
Interpretation (general).<\/h4>\n
2.\u2014(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.<\/p>\n
(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.<\/p>\n
PART II<\/p>\n
Offences Relating to Public Order<\/h4>\nInterpretation (Part II).<\/h4>\n
3.\u2014In this Part, except where the context otherwise requires\u2014<\/p>\n
\u201cdwelling\u201d includes a building, vehicle or vessel ordinarily used for habitation;<\/p>\n
\u201cprivate place\u201d means a place that is not a public place;<\/p>\n
\u201cpublic place\u201d includes\u2014<\/p>\n
(a) any highway,<\/p>\n
(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,<\/p>\n
(c) any cemetery or churchyard,<\/p>\n
(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<\/p>\n
(e) any train, vessel or vehicle used for the carriage of persons for reward.<\/p>\n
Annotations:<\/p>\n
Modifications (not altering text):<\/p>\n
C1
\nDefinition of “public place” construed (3.07.2021) by Civil Law (Miscellaneous Provisions) Act 2021 (14\/2021), s. 6, commenced as per s. 9(3).<\/p>\n
Application of Criminal Justice (Public Order) Act 1994<\/p>\n
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.<\/p>\n
<\/p>\n
Entering building, etc., with intent to commit an offence.<\/h4>\n
11.\u2014(1) It shall be an offence for a person\u2014<\/p>\n
(a) to enter any building or the curtilage of any building or any part of such building or curtilage as a trespasser, or<\/p>\n
(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,<\/p>\n
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.<\/p>\n
(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding F12[\u20ac2,500] or to imprisonment for a term not exceeding 6 months or to both.<\/p>\n
Annotations<\/p>\n
Amendments:<\/p>\n
F12
\nSubstituted (30.07.2008) by Intoxicating Liquor Act 2008 (17\/2008), s. 22 and sch. 2, S.I. No. 286 of 2008. A fine of \u20ac2,500 translates into a class C fine, not greater than \u20ac2,500, 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.<\/p>\n
Editorial Notes:<\/p>\n
E14
\nPersons 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.<\/p>\n
Amendment of Vagrancy Act, 1824.<\/h4>\n
12.\u2014Section 4 (as applied to Ireland by the Prevention of Crimes Act, 1871) of the Vagrancy Act, 1824, is hereby amended by the deletion of \u201cevery 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;\u201d.<\/p>\n
Trespass on building, etc.<\/h4>\n
13.\u2014(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.<\/p>\n
(2) (a) Where a member of the Garda S\u00edoch\u00e1na 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:<\/p>\n
(i) desist from acting in such a manner, and<\/p>\n
(ii) leave immediately the vicinity of the place concerned in a peaceable or orderly manner.<\/p>\n
(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 S\u00edoch\u00e1na under this section.<\/p>\n
(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[\u20ac2,500] or to imprisonment for a term not exceeding 12 months or to both.<\/p>\n
(b) A person who is guilty of an offence under subsection (2) shall be liable on summary conviction to a fine not exceeding F14[\u20ac1,000] or to imprisonment for a term not exceeding 6 months or to both.<\/p>\n
Annotations<\/p>\n
Amendments:<\/p>\n
F13
\nSubstituted (30.07.2008) by Intoxicating Liquor Act 2008 (17\/2008), s. 22 and sch. 2, S.I. No. 286 of 2008. A fine of \u20ac2,500 translates into a class C fine, not greater than \u20ac2,500, 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.<\/p>\n
F14
\nSubstituted (30.07.2008) by Intoxicating Liquor Act 2008 (17\/2008), s. 22 and sch. 2, S.I. No. 286 of 2008. A fine of \u20ac1,000 translates into a class D fine, not greater than \u20ac1,000, 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.<\/p>\n
Editorial Notes:<\/p>\n
E15
\nPersons 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.<\/p>\n
Riot.<\/h4>\n
14.\u2014(1) Where\u2014<\/p>\n
(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<\/p>\n
(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,<\/p>\n
then, each of the persons using unlawful violence for the common purpose shall be guilty of the offence of riot.<\/p>\n
(2) For the purposes of this section\u2014<\/p>\n
(a) it shall be immaterial whether or not the 12 or more persons use or threaten to use unlawful violence simultaneously at any place;<\/p>\n
(b) the common purpose may be inferred from conduct;<\/p>\n
(c) no person of reasonable firmness need actually be, or be likely to be, present at that place.<\/p>\n
(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.<\/p>\n
(4) The common law offence of riot is hereby abolished.<\/p>\n
Annotations<\/p>\n
Editorial Notes:<\/p>\n
E16
\nOffences under section deemed \u201cserious offences\u201d 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.<\/p>\n
Violent disorder.<\/h4>\n
15.\u2014(1) Where\u2014<\/p>\n
(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<\/p>\n
(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\u2019s safety,<\/p>\n
then, each of the persons using or threatening to use unlawful violence shall be guilty of the offence of violent disorder.<\/p>\n
(2) For the purposes of this section\u2014<\/p>\n
(a) it shall be immaterial whether or not the three or more persons use or threaten to use unlawful violence simultaneously;<\/p>\n
(b) no person of reasonable firmness need actually be, or be likely to be, present at that place.<\/p>\n
(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.<\/p>\n
(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.<\/p>\n
(5) A reference, however expressed, in any enactment passed before the commencement of this Act\u2014<\/p>\n
(a) to the common law offence of riot, or<\/p>\n
(b) to the common law offence of riot and to tumult,<\/p>\n
shall be construed as a reference to the offence of violent disorder.<\/p>\n
(6) The common law offence of rout and the common law offence of unlawful assembly are hereby abolished.<\/p>\n
Annotations<\/p>\n
Editorial Notes:<\/p>\n
E17
\nOffences under section deemed \u201cserious offences\u201d 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.<\/p>\n
Affray.<\/h4>\n
16.\u2014(1) Where\u2014<\/p>\n
(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<\/p>\n
(b) the violence so used or threatened by one of those persons is unlawful, and<\/p>\n
(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,<\/p>\n
then, each such person who uses or threatens to use unlawful violence shall be guilty of the offence of affray.<\/p>\n
(2) For the purposes of this section\u2014<\/p>\n
(a) a threat cannot be made by words alone;<\/p>\n
(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.<\/p>\n
(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.<\/p>\n
(4) A person guilty of an offence of affray shall be liable\u2014<\/p>\n
(a) on summary conviction to a fine not exceeding F15[\u20ac1,000] or to imprisonment for a term not exceeding 12 months or to both,<\/p>\n
(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or to both.<\/p>\n
(5) The common law offence of affray is hereby abolished.<\/p>\n
Annotations<\/p>\n
Amendments:<\/p>\n
F15
\nSubstituted (30.07.2008) by Intoxicating Liquor Act 2008 (17\/2008), s. 22 and sch. 2, S.I. No. 286 of 2008. A fine of \u20ac1,000 translates into a class D fine, not greater than \u20ac1,000, 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.<\/p>\n
Editorial Notes:<\/p>\n
E18
\nPersons 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.<\/p>\n
E19
\nOffences under section deemed \u201cserious offences\u201d 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.<\/p>\n
\n
PART IIA<\/span><\/p>\nOffences Relating to Entering and Occupying Land Without Consent<\/span>]<\/span><\/h4>\n<\/div>\n