{"id":1221,"date":"2021-07-08T21:49:20","date_gmt":"2021-07-08T21:49:20","guid":{"rendered":"http:\/\/legalblog.ie\/?p=1221"},"modified":"2024-03-18T22:52:18","modified_gmt":"2024-03-18T22:52:18","slug":"disorder-intoxication","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/disorder-intoxication\/","title":{"rendered":"Disorder &#038; Intoxication"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/#Drunk_and_Disorderly\" title=\"Drunk and Disorderly\">Drunk and Disorderly<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/#Offensive_and_Threatening_Conduct_in_Public\" title=\"Offensive and Threatening Conduct in Public\">Offensive and Threatening Conduct in Public<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/#Threatening_Conduct\" title=\"Threatening Conduct\">Threatening Conduct<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/#Garda_Directions_and_Offences\" title=\"Garda Directions and Offences\">Garda Directions and Offences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/#Obstruction_Aggravated_Trespass\" title=\"Obstruction &amp; Aggravated Trespass\">Obstruction &amp; Aggravated Trespass<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/#Riot\" title=\"Riot\">Riot<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/#%E2%80%9CAffray%E2%80%9D\" title=\"&#8220;Affray&#8221;\">&#8220;Affray&#8221;<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/#Offence_Against_Frontline_Services\" title=\"Offence Against\u00a0 Frontline Services\">Offence Against\u00a0 Frontline Services<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/#Violent_Disorder\" title=\"Violent Disorder\">Violent Disorder<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#VAGRANCY_ACT_1824_as_enacted\" title=\"VAGRANCY ACT 1824 (as enacted)\">VAGRANCY ACT 1824 (as enacted)<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Deemed_Idle_Disorderly\" title=\"Deemed Idle &amp; Disorderly\">Deemed Idle &amp; Disorderly<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Persons_committing_certain_offences_shall_be_deemed_rogues_and_vagabonds_and_may_be_imprisoned_for_three_months_with_hard_labour\" title=\"Persons committing certain offences shall be deemed rogues and vagabonds and may be imprisoned for three months with hard labour.\">Persons committing certain offences shall be deemed rogues and vagabonds and may be imprisoned for three months with hard labour.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Certain_offenders_shall_be_deemed_incorrigible_rogues_and_may_be_committed_for_trial_at_quarter_sessions\" title=\"Certain offenders shall be deemed incorrigible rogues and may be committed for trial at quarter sessions.\">Certain offenders shall be deemed incorrigible rogues and may be committed for trial at quarter sessions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Constables_c_refusing_to_apprehend_to_be_deemed_guilty_of_neglect_of_duty\" title=\"Constables, &amp;c. refusing to apprehend, to be deemed guilty of neglect of duty.\">Constables, &amp;c. refusing to apprehend, to be deemed guilty of neglect of duty.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Money_and_effects_found_upon_offenders_may_be_applied_towards_the_expenses_of_apprehending_them_c\" title=\"Money and effects found upon offenders may be applied towards the expenses of apprehending them, &amp;c.\">Money and effects found upon offenders may be applied towards the expenses of apprehending them, &amp;c.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Justices_shall_bind_persons_by_recognizance_to_prosecute_incorrigible_rogues_c_at_quarter_sessions\" title=\"Justices shall bind persons by recognizance to prosecute incorrigible rogues, &amp;c. at quarter sessions.\">Justices shall bind persons by recognizance to prosecute incorrigible rogues, &amp;c. at quarter sessions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Quarter_sessions_may_sentence_incorrigible_rogues_to_one_years_imprisonment_with_hard_labour_c\" title=\"Quarter sessions may sentence incorrigible rogues to one year\u2019s imprisonment with hard labour, &amp;c.\">Quarter sessions may sentence incorrigible rogues to one year\u2019s imprisonment with hard labour, &amp;c.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Penalty_on_constables_c_neglecting_their_duty_and_on_persons_hindering_them_in_discharge_thereof\" title=\"Penalty on constables, &amp;c. neglecting their duty and on persons hindering them in discharge thereof.\">Penalty on constables, &amp;c. neglecting their duty and on persons hindering them in discharge thereof.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#When_constables_c_are_convicted_for_neglect_of_duty_and_fined_under_33_Geo_3_c_55_c_justices_may_allow_expenses_of_prosecution\" title=\"When constables, &amp;c. are convicted for neglect of duty and fined under 33 Geo. 3. c. 55., &amp;c. justices may allow expenses of prosecution.\">When constables, &amp;c. are convicted for neglect of duty and fined under 33 Geo. 3. c. 55., &amp;c. justices may allow expenses of prosecution.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Lodging_houses_c_suspected_of_concealing_offenders_may_be_searched_and_offenders_brought_before_a_justices\" title=\"Lodging houses, &amp;c. suspected of concealing offenders may be searched, and offenders brought before a justices.\">Lodging houses, &amp;c. suspected of concealing offenders may be searched, and offenders brought before a justices.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Persons_aggrieved_may_appeal_to_the_next_quarter_sessions\" title=\"Persons aggrieved may appeal to the next quarter sessions.\">Persons aggrieved may appeal to the next quarter sessions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Persons_asking_alms_to_be_deemed_idle_and_disorderly\" title=\"Persons asking alms to be deemed idle and disorderly.\">Persons asking alms to be deemed idle and disorderly.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Justices_c_to_have_treble_costs_if_judgment_be_in_their_favour\" title=\"Justices, &amp;c. to have treble costs if judgment be in their favour.\">Justices, &amp;c. to have treble costs if judgment be in their favour.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Limitation_of_actions\" title=\"Limitation of actions.\">Limitation of actions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Persons_committing_offences_under_former_Vagrant_Acts_to_be_punished_under_this_Act\" title=\"Persons committing offences under former Vagrant Acts to be punished under this Act.\">Persons committing offences under former Vagrant Acts to be punished under this Act.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#TUMULTUOUS_RISINGS_IRELAND_ACT_1831_as_enacted\" title=\"TUMULTUOUS RISINGS (IRELAND) ACT 1831 (as enacted)\">TUMULTUOUS RISINGS (IRELAND) ACT 1831 (as enacted)<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Driving_from_Home\" title=\"Driving from Home\">Driving from Home<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Sending_threatening_Notices_or_Letters_c_Transportation_or_Imprisonment\" title=\"Sending threatening Notices or Letters, &amp;c. Transportation or Imprisonment.\">Sending threatening Notices or Letters, &amp;c. Transportation or Imprisonment.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Breaking_Gaol_Transportation_or_Imprisonment\" title=\"Breaking Gaol, Transportation or Imprisonment.\">Breaking Gaol, Transportation or Imprisonment.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Rescuing_Prisoners_Transportation_or_Imprisonment\" title=\"Rescuing Prisoners, Transportation or Imprisonment.\">Rescuing Prisoners, Transportation or Imprisonment.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Persons_abetting_or_encouraging_others_to_commit_any_Offence_punishable_by_Transportation_to_be_transported_or_imprisoned\" title=\"Persons abetting or encouraging others to commit any Offence punishable by Transportation to be transported or imprisoned.\">Persons abetting or encouraging others to commit any Offence punishable by Transportation to be transported or imprisoned.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Court_may_order_Persons_convicted_to_be_removed_out_of_the_County\" title=\"Court may order Persons convicted to be removed out of the County.\">Court may order Persons convicted to be removed out of the County.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Court_may_fine_Witnesses_who_do_not_attend\" title=\"Court may fine Witnesses who do not attend.\">Court may fine Witnesses who do not attend.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Court_may_order_Fine_to_be_immediately_levied\" title=\"Court may order Fine to be immediately levied.\">Court may order Fine to be immediately levied.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#VAGRANCY_IRELAND_ACT_1847\" title=\"VAGRANCY (IRELAND) ACT 1847\">VAGRANCY (IRELAND) ACT 1847<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Punishment_of_persons_neglecting_to_maintain_their_wives_or_children\" title=\"Punishment of persons neglecting to maintain their wives or children.\">Punishment of persons neglecting to maintain their wives or children.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Punishment_of_persons_wandering_abroad_or_begging_in_public_places_c\" title=\"Punishment of persons wandering abroad, or begging in public places, &amp;c.\">Punishment of persons wandering abroad, or begging in public places, &amp;c.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Power_to_apprehend_persons_offending_against_this_Act\" title=\"Power to apprehend persons offending against this Act.\">Power to apprehend persons offending against this Act.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Warrants_for_apprehension_of_offenders\" title=\"Warrants for apprehension of offenders.\">Warrants for apprehension of offenders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Proceedings_not_to_be_quashed_for_want_of_form_c\" title=\"Proceedings not to be quashed for want of form, &amp;c.\">Proceedings not to be quashed for want of form, &amp;c.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#CRIMINAL_JUSTICE_PUBLIC_ORDER_ACT_1994\" title=\"CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994\">CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Interpretation_general\" title=\"Interpretation (general).\">Interpretation (general).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Offences_Relating_to_Public_Order\" title=\"Offences Relating to Public Order\">Offences Relating to Public Order<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Interpretation_Part_II\" title=\"Interpretation (Part II).\">Interpretation (Part II).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Intoxication_in_public_place\" title=\"Intoxication in public place.\">Intoxication in public place.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Disorderly_conduct_in_public_place\" title=\"Disorderly conduct in public place.\">Disorderly conduct in public place.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Threatening_abusive_or_insulting_behaviour_in_public_place\" title=\"Threatening, abusive or insulting behaviour in public place.\">Threatening, abusive or insulting behaviour in public place.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Failure_to_comply_with_direction_of_member_of_Garda_Siochana\" title=\"Failure to comply with direction of member of Garda S\u00edoch\u00e1na.\">Failure to comply with direction of member of Garda S\u00edoch\u00e1na.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Power_to_direct_persons_who_are_in_possession_of_intoxicating_substances_etc\" title=\"Power to direct persons who are in possession of intoxicating substances, etc.\">Power to direct persons who are in possession of intoxicating substances, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Power_of_entry_for_purposes_of_section_8A_etc\" title=\"Power of entry for purposes of section 8A, etc.\">Power of entry for purposes of section 8A, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-51\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Failure_to_comply_with_direction_of_member_of_Garda_Siochana_with_regard_to_court_proceedings\" title=\"Failure to comply with direction of member of Garda S\u00edoch\u00e1na with regard to court proceedings\">Failure to comply with direction of member of Garda S\u00edoch\u00e1na with regard to court proceedings<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-52\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Increase_of_penalty_for_common_assault_etc\" title=\"Increase of penalty for common assault, etc.\">Increase of penalty for common assault, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-53\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Entering_building_etc_with_intent_to_commit_an_offence\" title=\"Entering building, etc., with intent to commit an offence.\">Entering building, etc., with intent to commit an offence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-54\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Amendment_of_Vagrancy_Act_1824\" title=\"Amendment of Vagrancy Act, 1824.\">Amendment of Vagrancy Act, 1824.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-55\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Trespass_on_building_etc\" title=\"Trespass on building, etc.\">Trespass on building, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-56\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Violent_disorder\" title=\"Violent disorder.\">Violent disorder.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-57\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Affray\" title=\"Affray.\">Affray.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-58\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Blackmail_extortion_and_demanding_money_with_menaces\" title=\"Blackmail, extortion and demanding money with menaces.\">Blackmail, extortion and demanding money with menaces.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-59\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Assault_with_intent_to_cause_bodily_harm_or_commit_indictable_offence\" title=\"Assault with intent to cause bodily harm or commit indictable offence.\">Assault with intent to cause bodily harm or commit indictable offence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-60\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Assault_or_obstruction_of_peace_officer\" title=\"Assault or obstruction of peace officer.\">Assault or obstruction of peace officer.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-61\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Offences_Relating_to_Entering_and_Occupying_Land_Without_Consent\" title=\"Offences Relating to Entering and Occupying Land Without Consent\">Offences Relating to Entering and Occupying Land Without Consent<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-62\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Entry_on_and_occupation_of_land_or_bringing_onto_or_placing_an_object_on_land_without_consent\" title=\"Entry on and occupation of land or bringing onto or placing an object on land without consent.\">Entry on and occupation of land or bringing onto or placing an object on land without consent.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-63\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Refusing_or_failing_to_give_name_or_address_or_failure_to_comply_with_direction\" title=\"Refusing or failing to give name or address or failure to comply with direction.\">Refusing or failing to give name or address or failure to comply with direction.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-64\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Arrest_without_warrant\" title=\"Arrest without warrant.\">Arrest without warrant.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-65\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Removal_storage_and_disposal_of_object\" title=\"Removal, storage and disposal of object.\">Removal, storage and disposal of object.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-66\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Penalties_and_proceedings\" title=\"Penalties and proceedings.\">Penalties and proceedings.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-67\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Crowd_Control_at_Public_Events\" title=\"Crowd Control at Public Events\">Crowd Control at Public Events<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-68\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Interpretation_Part_III\" title=\"Interpretation (Part III).\">Interpretation (Part III).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-69\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Control_of_access_to_certain_events_etc\" title=\"Control of access to certain events, etc.\">Control of access to certain events, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-70\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Surrender_and_seizure_of_intoxicating_liquor_etc\" title=\"Surrender and seizure of intoxicating liquor, etc.\">Surrender and seizure of intoxicating liquor, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-71\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Prohibition_of_advertising_of_brothels_and_prostitution\" title=\"Prohibition of advertising of brothels and prostitution.\">Prohibition of advertising of brothels and prostitution.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-72\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Fixed_charge_offences\" title=\"Fixed charge offences.\">Fixed charge offences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-73\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Arrest_without_warrant-2\" title=\"Arrest without warrant.\">Arrest without warrant.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-74\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Continuance_of_existing_powers_of_Garda_Siochana\" title=\"Continuance of existing powers of Garda S\u00edoch\u00e1na.\">Continuance of existing powers of Garda S\u00edoch\u00e1na.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-75\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#SCHEDULE\" title=\"SCHEDULE\">SCHEDULE<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-76\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#CRIMINAL_JUSTICE_PUBLIC_ORDER_ACT_2003\" title=\"CRIMINAL JUSTICE (PUBLIC ORDER) ACT 2003\">CRIMINAL JUSTICE (PUBLIC ORDER) ACT 2003<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-77\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-78\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Exclusion_order\" title=\"Exclusion order.\">Exclusion order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-79\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Closure_Orders\" title=\"Closure Orders\">Closure Orders<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-80\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Appeals\" title=\"Appeals.\">Appeals.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-81\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Breach_of_closure_order\" title=\"Breach of closure order.\">Breach of closure order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-82\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Liability_for_offences_by_bodies_corporate_and_unincorporated\" title=\"Liability for offences by bodies corporate and unincorporated.\">Liability for offences by bodies corporate and unincorporated.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-83\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Jurisdiction\" title=\"Jurisdiction.\">Jurisdiction.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-84\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#CRIMINAL_JUSTICE_PUBLIC_ORDER_ACT_2011\" title=\"CRIMINAL JUSTICE (PUBLIC ORDER) ACT 2011\">CRIMINAL JUSTICE (PUBLIC ORDER) ACT 2011<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-85\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Interpretation-2\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-86\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Offence\" title=\"Offence.\">Offence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-87\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Power_of_member_of_Garda_Siochana_to_give_directions\" title=\"Power of member of Garda S\u00edoch\u00e1na to give directions.\">Power of member of Garda S\u00edoch\u00e1na to give directions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-88\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Power_of_arrest\" title=\"Power of arrest.\">Power of arrest.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-89\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Offence_to_direct_or_organise_begging\" title=\"Offence to direct or organise begging.\">Offence to direct or organise begging.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-90\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Offence_to_live_off_proceeds_of_begging\" title=\"Offence to live off proceeds of begging.\">Offence to live off proceeds of begging.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-91\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#Short_title_and_collective_citation\" title=\"Short title and collective citation.\">Short title and collective citation.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-92\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#CRIMINAL_JUSTICE_PUBLIC_ORDER_ACT_1994_SECTIONS_23A_AND_23B_REGULATIONS_2008\" title=\"CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994 (SECTIONS 23A AND 23B) REGULATIONS 2008\">CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994 (SECTIONS 23A AND 23B) REGULATIONS 2008<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-93\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#EXPLANATORY_NOTE\" title=\"EXPLANATORY NOTE\">EXPLANATORY NOTE<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-94\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#CRIMINAL_JUSTICE_PUBLIC_ORDER_ACT_1994SECTIONS_23A_AND_23B_AMENDMENT_REGULATIONS_2009\" title=\"CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994(SECTIONS 23A AND 23B) (AMENDMENT) REGULATIONS 2009\">CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994(SECTIONS 23A AND 23B) (AMENDMENT) REGULATIONS 2009<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-95\" href=\"https:\/\/legalblog.ie\/disorder-intoxication\/2\/#EXPLANATORY_NOTE-2\" title=\"EXPLANATORY NOTE\">EXPLANATORY NOTE<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Drunk_and_Disorderly\"><\/span>Drunk and Disorderly<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence to be intoxicated in a public place to the extent that there is a reasonable apprehension that a person may endanger himself or others in the vicinity.\u00a0 A public place includes roadways, trains, vessels, busses, \u00a0recreational areas or other areas to which the public has access either by right or on payment of a fee.\u00a0 Intoxicated means that a person is under the influence of alcohol or drugs.\u00a0 The offence is committed when a person has a reasonable fear of danger to himself or others.<\/p>\n<p>Where a person is in a public place and a Garda has reason to believe an offence of intoxication or disorderly conduct or threatening or abusive behaviour in public is being committed, the Garda may confiscate bottles or containers which he or she reasonably believes to contain an intoxicating substance.<\/p>\n<p>Where a person is in custody in a Garda having been arrested under a power of arrest without warrant or for the offence at common law of breach of the peace, and would otherwise be released from custody, he or she may, if the member of the Garda in charge of the station is of opinion that the person is intoxicated to such an extent as would give rise to a reasonable apprehension that the person might endanger himself or herself or other persons, be detained in custody for such period, not exceeding 6 hours from the time of his or her arrest, as the member of the Gardai so in charge remains of that opinion.<\/p>\n<p>Where the member of the Gardai in charge of the Garda station is of opinion that the person so detained is under the age of 18 years, the member shall, upon the attendance at the station of a parent or guardian of the person or of a person reasonably named by the person so detained, release the person into the custody of the parent or guardian or the person reasonably named, unless the member is of opinion that the person continues to be intoxicated to such an extent that, if so released, he or she will continue to give rise to a reasonable apprehension that he or she might endanger himself or herself or other persons.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Offensive_and_Threatening_Conduct_in_Public\"><\/span>Offensive and Threatening Conduct in Public<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence to engage in offensive conduct in a public place between 12 midnight and 7 am. or at any time after Garda requests that the conduct ceases.\u00a0 Offensive conduct is unreasonable behaviour that is in the circumstances likely to cause serious annoyance or offence to anyone who might reasonably be expected to be aware of it.<\/p>\n<p>Gardai are entitled to arrest persons engaging in disorderly or threatening conduct in a public place without a warrant.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Threatening_Conduct\"><\/span>Threatening Conduct<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person is guilty of an offence by engaging in threatening, abusive, or insulting words or behaviour with intent or being reckless as to breach of the peace.<\/p>\n<p>The penalty for intoxication in a public place is subject on summary conviction to a fine of up to \u20ac500.\u00a0 The penalty in respect of disorderly conduct on summary conviction is a fine of up to \u20ac1,000 euro.\u00a0 The penalty in respect to threatening, abusive, or insulting behaviour is a fine of up to \u20ac1,000 or imprisonment up to 3 months or both.<\/p>\n<p>It is an offence to distribute or display any writing or representation which is threatening, abusive, insulting, or obscene with intent to provoke a breach of the peace or being reckless as to whether occurs. \u00a0The penalty is a fine of up to \u20ac1,000 or imprisonment of up to 3 months or both.<\/p>\n<p>It is an offence without lawful and reasonable excuse to willfully interrupt a free passage for any person or vehicle in a public place. It is subject to a fine on summary conviction of up to \u20ac400.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Garda_Directions_and_Offences\"><\/span>Garda Directions and Offences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A member of the Garda S\u00edoch\u00e1na who finds a person in a public place and suspects o with reasonable cause that he is or has been conducting himself in a manner which breaches any of the above provisions or consists of loitering in a public place either alone or with others in a way that gives rise to a reasonable apprehension for the safety of persons or property, for the maintenance of public peace, the member may direct the person suspected to desist from acting in such matter and leave immediately the vicinity in a peaceful and orderly manner.<\/p>\n<p>It is an offence to refuse to comply with such direction without lawful authority or reasonable excuse.\u00a0 The punishment is fine of up to \u20ac1,000 \u00a0or imprisonment not exceeding 6 months.<\/p>\n<p>Where a member of the Garda S\u00edoch\u00e1na believes with reasonable cause that a person having a bottle or container containing intoxicating liquor is acting or accompanied by persons acting in a manner it gives rise to a \u00a0reasonable apprehension for the safety of persons, property, or the maintenance of the public peace, or is causing or gives reasonable apprehension is likely to cause annoyance and nuisance to others or interference with other\u2019s peaceful possession, enjoyment of their property, then the officer may do the following.<\/p>\n<ul>\n<li>seek an explanation of matters to which the relevant belief relates,<\/li>\n<li>request that the bottle or container be handed over, and if it is not, seize it,<\/li>\n<li>direct the person or if appropriate some or all of the accompanying persons to desist from the activity,<\/li>\n<li>direct the person and those others to leave in a reasonable and peaceful manner,<\/li>\n<li>request his name and address.<\/li>\n<\/ul>\n<p>It is an offence to refuse to comply with the above request or to give false details. The person concerned may be arrested without a warrant.\u00a0 The person is guilty on summary conviction to a fine of up to \u20ac500 and \u20ac1,000 in the case of failure to leave or desist. The bottle and other containers seized may be detained and disposed of.<\/p>\n<p>A member of the Gardai may enter without warrant a place other than a place used as a private dwelling if the member has reasonable grounds for believing that \u00a0the matters specified in the last three paragraphs are occurring in such place.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Obstruction_Aggravated_Trespass\"><\/span>Obstruction &amp; Aggravated Trespass<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence without lawful and reasonable excuse to wilfully interrupt a free passage for any person or vehicle in a public place. It is subject to a fine on summary conviction of up to \u20ac400.<\/p>\n<p>It is an offence to enter any building or its curtilage (surrounds) as a trespasser or be within the vicinity of a building in circumstances which give rise to a reasonable inference that the entry or presence was with intent to commit an offence or intent to unlawfully interfere with property situated there.\u00a0 It is subject to conviction on summary offence up to \u20ac2,500 euro or imprisonment up to 6 months or both.<\/p>\n<p>It is an offence without reasonable excuse to trespass on a building or its curtilage \/ vicinity in a manner which is likely to cause or causes fear to another person.\u00a0 A person so found by a member of the Garda S\u00edoch\u00e1na may be directed to desist from so acting and then leave the vicinity in a peaceful and orderly manner.\u00a0 \u00a0Failure to comply is an offence.\u00a0 The first offence is subject to summary conviction of fine not exceeding \u20ac2,500 or imprisonment not exceeding 12 months or both.\u00a0 Failure to comply with the direction is subject to fine not exceeding \u20ac1,000 euro or imprisonment for 6 months or both.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Riot\"><\/span>Riot<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>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 or 10 years.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"%E2%80%9CAffray%E2%80%9D\"><\/span>&#8220;Affray&#8221;<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>When two or more persons are present at a public or private place and \u00a0use 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. \u00a0A threat may not be composed of words alone.<\/p>\n<p>A person of reasonable firmness need not actually be or likely to be present.\u00a0 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.\u00a0 A person guilty of affray may be tried similarly, subject on conviction to a fine up to \u20ac1,000 or 12 months\u2019 imprisonment or indictment, or a e or imprisonment up to 5 years on conviction on indictment .<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Offence_Against_Frontline_Services\"><\/span>Offence Against\u00a0 Frontline Services<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>A person may be liable on summary conviction for a fine up to \u20ac5,000 \u00a0and imprisonment not exceeding 12 months or an indictment to fine and\/ or imprisonment not exceeding 7 years.<\/p>\n<p>A person who wilfully resists or obstructs any of the above persons is guilty of an offence subject on summary conviction to a fine not exceeding \u20ac2,500 or 6 months imprisonment or both.\u00a0 An officer of the peace includes member of Garda S\u00edoch\u00e1na, prison officer, member of the fire brigade, ambulance, or member of the defence forces.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Violent_Disorder\"><\/span>Violent Disorder<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where three or more persons together at a place use or threaten to use unlawful violence and the conduct taken together is such that it would cause the person a reasonable firmness to fear for his or other person\u2019s safety, then each is guilty of the offence of violent disorder.\u00a0 Once again it is immaterial whether the person&#8217;s use or threat of unlawful violence occurred simultaneously and that no person of reasonable firmness was actually present.<\/p>\n<p>A person may not be convicted of violent disorder unless he intends to use or threaten to use violence or is aware that \u00a0conduct, may be violent or threaten violence.\u00a0 The punishment on conviction on indictment is up to 10 years imprisonment or fine on indictment or both.<\/p>\n<p><!--nextpage--><\/p>\n<h2>VAGRANCY ACT 1824 (as enacted)<\/h2>\n<p>CHAPTER LXXXIII.<\/p>\n<p>An Act for the Punishment of idle and disorderly Persons, and Rogues and Vagabonds, in that Part of Great Britain called England. [1] [21st June 1824.]<\/p>\n<p>[Preamble.]<\/p>\n<p>[Ss. 1, 2 rep. 36 &amp; 37 Vict. c. 91. (S.L.R.)]<\/p>\n<h4>Deemed Idle &amp; Disorderly<\/h4>\n<p>Persons refusing to maintain themselves and families, or leaving place to which they were removed, and unlicensed pedlars, prostitutes, and beggars shall be deemed idle and disorderly persons, and may be imprisoned for one month with hard labour.<\/p>\n<p>3. Every person being able wholly or in part to maintain himself or herself, or his or her family, by work or by other means, and wilfully refusing or neglecting so to do, by which refusal or neglect he or she, or any of his or her family whom he or she may be legally bound to maintain, shall have become chargeable to any parish, township, or place; every person returning to and becoming chargeable in any parish, township, or place from whence he or she shall have been legally removed by order of two justices of the peace, unless he or she shall produce a certificate of the churchwardens and overseers of the poor of some other parish, township, or place, thereby acknowledging him or her to be settled in such other parish, township, or place; every petty chapman or pedlar wandering abroad, and trading without being duly licensed, or otherwise authorized by law; every common prostitute wandering in the public streets or public highways, or in any place of public resort, and behaving in a riotous or indecent manner; and every person wandering abroad, or placing himself or herself in any public place, street, highway, court, or passage, to beg or gather alms, or causing or procuring or encouraging any child or children so to do; shall be deemed an idle and disorderly person within the true intent and meaning of this Act; and it shall be lawful for any justice of the peace to commit such offender (being thereof convicted before him by his own view, or by the confession of such offender, or by the evidence on oath of one or more credible witness or witnesses,) to the house of correction, there to be kept to hard labour for any time not exceeding gone calendar month.<\/p>\n<h4>Persons committing certain offences shall be deemed rogues and vagabonds and may be imprisoned for three months with hard labour.<\/h4>\n<p>4.[2] Every person committing any of the offences herein-before mentioned, after having been convicted as an idle and disorderly person; every person pretending or professing to tell fortunes, or using any subtle craft, means, or device, by palmistry or otherwise, to deceive and impose on any of his Majesty\u2019s subjects; every person wandering abroad and lodging in any barn or outhouse, or in any deserted or unoccupied building, or in the open air, or under a tent, or in any cart or waggon, not having any visible means of subsistence, and not giving a good account of himself or herself; every person wilfully exposing to view, in any street, road, highway, or public place, any obscene print, picture, or other indecent exhibition; every person wilfully openly, lewdly, and obscenely exposing his person in any street, road, or public highway, or in the view thereof, or in any place of public resort, with intent to insult any female; every person wandering abroad, and endeavouring by the exposure of wounds or deformities to obtain or gather alms; every person going about as a gatherer or collector of alms, or endeavouring to procure charitable contributions of any nature or kind, under any false or fraudulent pretence; every person running away and leaving his wife, or his or her child or children, chargeable, or whereby she or they or any of them shall become chargeable, to any parish, township, or place; . . . every person having in his or her custody or possession any picklock key, crow, jack, bit, or other implement, with intent feloniously to break into any dwelling house, warehouse, coach-house, stable, or outbuilding, or being armed with any gun, pistol, hanger, cutlass, bludgeon, or other offensive weapon, or having upon him or her any instrument, with intent to commit any felonious act; every person being found in or upon any dwelling house, warehouse, coach house, stable, or outhouse, or in any inclosed yard, garden, or area, for any unlawful purpose; every suspected person or reputed thief, frequenting any river, canal, or navigable stream, dock, or basin, or any quay, wharf, or warehouse near or adjoining thereto, or any street, highway, or avenue leading thereto, or any place, of public resort, or any avenue leading thereto, or any street, highway, or place adjacent, with intent to commit felony; and every person apprehended as an idle and disorderly person, and violently resisting any constable, or other peace officer so apprehending him or her, and being subsequently convicted of the offence for which he or she shall have been so apprehended; shall be deemed a rogue and vagabond, within the true intent and meaning of this Act; and it shall be lawful for any justice of the peace to commit such offender (being thereof convicted before him by the confession of such offender, or by the evidence on oath of one or more credible witness or witnesses,) to the house of correction, there to be kept to hard labour for any time not exceeding three calendar months; and every such picklock key, crow, jack, bit, and other implement, and every such gun, pistol, hanger, cutlass, bludgeon, or other offensive weapon, and every such instrument as aforesaid, shall, by the conviction of the offender, become forfeited to the King\u2019s Majesty.<\/p>\n<h4>Certain offenders shall be deemed incorrigible rogues and may be committed for trial at quarter sessions.<\/h4>\n<p>5. Every person breaking or escaping out of any place of legal confinement before the expiration of the term for which he or she shall have been committed or ordered to be confined by virtue of this Act; every person committing any offence against this Act which shall subject him or her to be dealt with as a rogue and vagabond, such person having been at some former time adjudged so to be, and duly convicted thereof; and every person apprehended as a rogue and vagabond, and violently resisting any constable or other peace officer so apprehending him or her, and being subsequently convicted of the offence for which he or she shall have been so apprehended; shall be deemed an incorrigible rogue within the true intent and meaning of this Act; and it shall be lawful for any justice of the peace to commit such offender (being thereof convicted before him by the confession of such offender, or by the evidence on oath of one or more credible witness or witnesses,) to the house of correction, there to remain until the next general or quarter sessions of the peace; and every such offender who shall be so committed to the house of correction shall be there kept to hard labour during the period of his or her imprisonment.<\/p>\n<p>Any person may apprehend offenders.<\/p>\n<h4>Constables, &amp;c. refusing to apprehend, to be deemed guilty of neglect of duty.<\/h4>\n<p>6. It shall be lawful for any person whatsoever to apprehend any person who shall be found offending against this Act, and forthwith to take and convey him or her before some justice of the peace, to be dealt with in such manner as is herein-before directed, or to deliver him or her to any constable or other peace officer of the place where he or she shall have been apprehended, to be so taken and conveyed as aforesaid; and in case any constable or other peace officer shall refuse or wilfully neglect to take such offender into his custody, and to take and convey him or her before some justice of the peace, or shall not use his best endeavours to apprehend and to convey before some justice of the peace any person that he shall find offending against this Act, it shall be deemed a neglect of duty in such constable or other peace officer, and he shall on conviction be punished in such manner as is herein-after directed.<\/p>\n<p>[S. 7 rep. 47 &amp; 48 Vict. c. 43. (Summary Jurisdiction).]<\/p>\n<p>Offenders may be searched and their trunks, bundles, &amp;c. inspected.<\/p>\n<h4>Money and effects found upon offenders may be applied towards the expenses of apprehending them, &amp;c.<\/h4>\n<p>8. It shall be lawful for any constable, peace officer, or other person apprehending any person charged with being an idle and disorderly person, or a rogue and vagabond, or an incorrigible rogue, to take any horse, mule, ass, cart, car, caravan, or other vehicle or goods in the possession or use of such person, and to take and convey the same, as well as such person, before some justice of the peace, and for every justice of the peace by whom any person shall be adjudged to be an idle and disorderly person, or a rogue and vagabond, or an incorrigible rogue, to order that such offender shall be searched, and that his or her trunks, boxes, bundles, parcels, or packages shall be inspected in the presence of the said justice, and of him or her, and also that any cart, car, caravan, or other vehicle which may have been found in his or her possession or use shall be searched in his or her presence; and it shall be lawful for the said justice to order that any money which may be then found with or upon such offender shall be paid and applied for and towards the expense of apprehending, conveying to the house of correction, and maintaining such offender during the time for which he or she shall have been committed; and if upon such search money sufficient for the purposes aforesaid be not found, it shall be lawful for such justice to order that a part, or, if necessary, the whole of such other effects then found shall be sold, and that the produce of such sale shall be paid and applied as aforesaid, and also that the overplus of such money or effects, after deducting the charges of such sale, shall be returned to the said offender.<\/p>\n<h4>Justices shall bind persons by recognizance to prosecute incorrigible rogues, &amp;c. at quarter sessions.<\/h4>\n<p>Quarter sessions may order payment of expenses to prosecutors and witnesses.<\/p>\n<p>Persons refusing to enter into recognizances may be committed.<\/p>\n<p>9. When any justice as aforesaid shall commit any such incorrigible rogue to the house of correction, there to remain till the next general or quarter sessions, or when any such idle and disorderly person, rogue, and vagabond, or incorrigible rogue, shall give notice of his or her intention to appeal against the conviction of him or her, and shall enter into recognizance as herein-after directed to prosecute such appeal, such justice shall require the person by whom such offender shall be apprehended, and the person or persons whose evidence shall appear to him to be material to prove the offence and to support such conviction, to become bound in recognizance to his Majesty, to appear at the said general or quarter sessions, to give evidence against such offender touching such offence; and the justices of the peace at their said general or quarter sessions are hereby authorized and empowered, at the request of any person who shall have become bound in any such recognizance, to order the treasurer of the county, riding, division, or place in which the offence shall have been committed to pay unto such prosecutor, and unto the witness or witnesses on his or her behalf, such sum or sums of money as to the court shall seem reasonable and sufficient to reimburse such prosecutor and such witness or witnesses respectively for the expenses he, she, or they shall have been severally put to, and for his, her, or their trouble and loss of time in and about such prosecution; which order the clerk of the peace is hereby directed and required forthwith to make out and deliver unto such prosecutor, or unto such witness or witnesses, upon being paid for the same the sum of two shillings and no more; and the said treasurer is hereby authorized and required, upon sight of such order, forthwith to pay unto such prosecutor, or other person or persons authorized to receive the same, such money as aforesaid, and the said treasurer shall be allowed the same in his account; and in case any such person or persons as aforesaid shall refuse to enter into such recognizance, it shall be lawful for such justice to commit such person or persons so refusing to the common gaol, there to remain until he, she, or they shall enter into such recognizance, or shall be otherwise discharged by due course of law.<\/p>\n<h4>Quarter sessions may sentence incorrigible rogues to one year\u2019s imprisonment with hard labour, &amp;c.<\/h4>\n<p>10. When any incorrigible rogue shall have been committed to the house of correction, there to remain until the next general or quarter sessions, it shall be lawful for the justices of the peace there assembled to examine into the circumstances of the case, and to order, if they think fit, that such offender be further imprisoned in the house of correction, and be there kept to hard labour for any time not exceeding one year from the time of making such order, and to order further, if they think fit, that such offender (not being a female) be punished by whipping, at such time during his imprisonment, and at such place within their jurisdiction, as according to the nature of the offence they in their discretion shall deem to be expedient.<\/p>\n<h4>Penalty on constables, &amp;c. neglecting their duty and on persons hindering them in discharge thereof.<\/h4>\n<p>11. In case any constable or other peace officer shall neglect his duty in anything required of him by this Act, or in case any person shall disturb or hinder any constable or other peace officer in the execution of this Act, or shall be aiding, abetting, or assisting therein, and shall be thereof convicted upon the oath of one or more credible witness or witnesses before one or more justice or justices of the peace where such offence shall be committed, every such offender shall for every such offence forfeit any sum not exceeding five pounds; . . .<\/p>\n<h4>When constables, &amp;c. are convicted for neglect of duty and fined under 33 Geo. 3. c. 55., &amp;c. justices may allow expenses of prosecution.<\/h4>\n<p>12. In case any constable or other peace officer shall be convicted before any one or more justice or justices of the peace for any neglect of any duty required of him by this Act, or of any disobedience of any lawful warrant or order of any justice or justices of the peace issued under the provisions of this Act, and in case any two or more justices of the peace shall impose any fine, or direct any penalty to be paid by such officer, under and by virtue of the powers given to justices of the peace by an Act passed in thirty-third year of the reign of his late Majesty King George the Third, intituled \u201cAn Act to authorize justices of the peace to impose fines upon constables, overseers, and other peace or parish officers, for neglect of duty, and on masters of apprentices for ill-usage of such their apprentices, and also to make provision for the execution of warrants of distress granted by magistrates,\u201d or under any other powers enabling such justices in that behalf, then and in every such case it shall be lawful for such justice or justices, upon conviction of any such offender, to reimburse and allow to the person or persons on whose complaint or information such offender shall have been convicted all necessary costs and expenses which such person or persons may thereby have incurred, or by any appeal made in consequence thereof by making an order under his or their hands and seals upon the treasurer of the county, riding, division, or place, to pay to such person or persons the amount of such costs and expenses, on producing the said order, and giving a receipt for the same, and the same shall be allowed the said treasurer in his account.<\/p>\n<h4>Lodging houses, &amp;c. suspected of concealing offenders may be searched, and offenders brought before a justices.<\/h4>\n<p>13. It shall be lawful for any justice of the peace, upon information on oath before him made, that any person herein-before described to be an idle and disorderly person, or a rogue and vagabond, or an incorrigible rogue, is or is reasonably suspected to be harboured or concealed in any house kept or purporting to be kept for the reception, lodging, or entertainment of travellers, by warrant under his hand and seal to authorize any constable or other person or persons to enter at any time into such house, and to apprehend and bring before him or any other justice of the peace every such idle and disorderly person, rogue, and vagabond, and incorrigible rogue, as shall be found therein, to be dealt with in the manner herein-before directed.<\/p>\n<h4>Persons aggrieved may appeal to the next quarter sessions.<\/h4>\n<p>14. Any person aggrieved by any Act or determination of any justice or justices of the peace out of sessions, in or concerning the execution of this Act, may appeal to the next general or quarter sessions of the county, riding, division, or place in and for which such justice or justices shall have so acted, giving to the justice or justices of the peace whose act or determination shall be appealed against notice in writing of such appeal, and of the ground thereof, within seven days after such act or determination, and before the next general or quarter sessions, and entering within such seven days into a recognizance, with sufficient surety, before a justice of the peace . . .<\/p>\n<p>This Act not to prevent visiting justices of gaols, &amp;c. from granting certificates to enable persons discharged from prison to receive alms or relief on their route to their place of settlement.<\/p>\n<p>15. Provided always, that nothing herein contained shall extend or be construed to extend so as to restrain, hinder, or prevent any visiting justice of any county gaol, house of correction, or other prison, from granting a certificate or other instrument for enabling any person discharged from a county gaol, house of correction, or other prison, to have or receive alms or relief in or upon his or her route to his or her place of settlement; provided that such certificate be made and drawn up in compliance with the directions and provisions of any Act or Acts of Parliament for the better regulation and management of gaols, houses of correction, or prisons; and if any person to whom any such certificate or instrument shall be delivered shall act in any manner contrary to the directions or provisions of such certificate or instrument, or shall loiter upon his or her route, or shall deviate therefrom, every such person shall be and be deemed to be a rogue and vagabond within the provisions and directions of this Act, and shall be punished accordingly.<\/p>\n<p>Justices not to grant certificates enabling persons to ask alms on route.<\/p>\n<h4>Persons asking alms to be deemed idle and disorderly.<\/h4>\n<p>16. No justice of the peace, mayor, or other magistrate shall grant to any person, . . . any certificate or other instrument enabling such person to ask alms or relief in their route to any place, or for any other purpose whatever; and every person asking alms or relief under and by virtue of any certificate or other instrument hereby prohibited is liable to be declared to be an idle and disorderly person, in like manner as if he or she had possessed no such certificate or other instrument as aforesaid.<\/p>\n<p>[S. 17. rep. 47 &amp; 48 Vict. c. 43. (Summary Jurisdiction).]<\/p>\n<h4>Justices, &amp;c. to have treble costs if judgment be in their favour.<\/h4>\n<p>18. In all cases where an action shall be brought against any justice of the peace, constable, or other person, for or on account of any matter or thing whatsoever done or commanded by him in the execution of his duty or office under this Act, such justice, constable, or other person, if he shall have judgment in his favour, shall have treble costs awarded to him by the court, unless the judge shall certify that there was a reasonable cause for such action [Rep. 5 &amp; 6 Vict. c. 97. s. 2].<\/p>\n<h4>Limitation of actions.<\/h4>\n<p>General issue.<\/p>\n<p>19. Every such action shall be commenced within three calendar months after the cause of action or complaint shall have arisen, and not afterwards; and if any person or persons shall be sued for any matter or thing which he, she, or they shall have done in the execution of this Act, he, she, or they may plead the general issue, and give the special matter in evidence.<\/p>\n<p>Persons convicted under this Act to be chargeable to the parish in which they reside, &amp;c.<\/p>\n<p>20. Every person who under the provisions of this Act shall have been convicted as an idle and disorderly person, or as a rogue and vagabond, shall be deemed to be actually chargeable to the parish, township, or place in which such person shall reside; and such person shall be liable to be removed to the parish of his or her last legal settlement, by the order of two justices of the peace of the division or place in which such person shall reside.<\/p>\n<h4>Persons committing offences under former Vagrant Acts to be punished under this Act.<\/h4>\n<p>21. Provided always, that wherever by any Act or Acts of Parliament now in force it is directed that any person shall be punished as an idle and disorderly person, or as a rogue and vagabond, or as an incorrigible rogue, for any offence specified in such Act or Acts, and not herein-before provided for by this Act, in every such case, whether such person shall or shall not have committed any offence against this Act, every such person shall be punished under the provisions, powers, and directions of this Act.<\/p>\n<p>This Act not to extend to Scotland or Ireland, &amp;c.<\/p>\n<p>22. Provided also, that nothing herein contained shall be construed to extend or apply to Scotland or Ireland, nor to alter any law now in force for the removal of poor persons born in Scotland, Ireland, or the Isles of Man, Jersey, and Guernsey, and becoming chargeable to parishes in England, such persons not having committed acts of vagrancy as herein-before described, nor to alter any law now in force relating to lunatic vagrants.<\/p>\n<p>[1 So much of this Act as relates to the removal of poor persons born in the isles of Jersey and Guernsey, and being chargeable to parishes in England, rep. 11 Geo. 4. and 1 Will. 4. c. 5. s. 1. So much as relates to the removal of poor persons born in Scotland and Ireland, and being chargeable to parishes in England, rep. 3 &amp; 4 Will. 4. c. 40. s. 1.]<\/p>\n<p>[2 S. 4, with certain amendments, is extended to Scotland and Ireland, 34 &amp; 35 Vict. c. 112. s. 15.]<\/p>\n<h2>TUMULTUOUS RISINGS (IRELAND) ACT 1831 (as enacted)<\/h2>\n<p>C A P. XLIV.<\/p>\n<p>An Act to amend an Act passed in the Parliament of Ireland, in the Fifteenth and Sixteenth Years of the Reign of His Majesty King George the Third, intituled An Act to prevent and punish tumultuous Risings of Persons within this Kingdom, and for other Purposes therein mentioned. [15th October 1831.]<\/p>\n<p>15 &amp; 16 G. 3. (1.)<\/p>\n<p>Recited Act in part repealed.<\/p>\n<p>\u2018Whereas by an Act passed in the Parliament of Ireland, in the Fifteenth and Sixteenth Years of the Reign of His late Majesty King George the Third, intituled An Act to prevent and punish tumultuous Risings of Persons within this Kingdom, and for other Purposes therein mentioned, certain Offences therein mentioned are made punishable with Death: And whereas it is expedient to mitigate the Severity of said Act, and to make certain Amendments therein:\u2019 Be it therefore enacted by the King\u2019s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That so much of said recited Act passed in the Fifteenth and Sixteenth Years of the Reign of His late Majesty King George the Third as enacts that if any Person or Persons rising or assembling in manner therein-before mentioned, or in any other Manner whatsoever, should, either by Day or by Night, wilfully or maliciously shoot at, maim, or disfigure any Person or Persons in any Dwelling House or other Place, or should knowingly send any Letter, with or without any fictitious Name or Names thereto subscribed, demanding any Money, Fire-arms, Ammunition, or other Thing or Things, or threatening to injure the Persons or Property of any of His Majesty\u2019s Subjects; or if any Person or Persons should, by Gift, Promise, or Threats, procure any of His Majesty\u2019s Subjects to join in any of the aforesaid Offences, or should unlawfully compel, or by Force, Threats, or Menaces attempt to compel, any of His Majesty\u2019s Subjects to quit his, her, or their Habitation, Farm, Possession, Place of Abode, or lawful Employment, all and every Person and Persons so offending, being thereof lawfully convicted, should be adjudged guilty of Felony, and suffer Death; and also so much of said Act as enacts that if any Person or Persons should, at any Time after Sunset and before Sunrise, or before the Hour of Six in the Forenoon though the Sun should be arisen, maliciously assault, or in any Manner whatsoever maliciously injure, the Habitation, Property, Goods, or Chattels of any other Person or Persons, or should forcibly and maliciously break into his, her, or their House, Barn, or Outhouse, or should maliciously cause any Door to be opened by Threats or Menaces, or should forcibly take or carry away any Horse, Gelding, Mare, or Mule, or any Gun, Sword, or other offensive Weapon, or any Money or Goods or Chattels, without the Consent of the Owner, or should cause the same or any of the same to be delivered to them by Threats or Menaces, all and every Person or Persons so offending, being thereof lawfully convicted, should be adjudged guilty of Felony, and suffer Death; and so much of said Act as enacts that all and every Person or Persons who should, from and after the First Day of March One thousand seven hundred and seventy-six, assist, abet, or succour any Person or Persons to commit any of the Offences therein aforesaid, or should wilfully or knowingly conceal any Person or Persons who had committed any of the Offences aforesaid (for which Sentence of Death as in Cases of Felony might be awarded), every Person or Persons so aiding, assisting, abetting, succouring, or concealing such Person or Persons should, on being thereof lawfully convicted, be adjudged guilty of Felony, and suffer Death; and so much of said Act as enacts that it should be lawful for any Justice of the Peace or others therein mentioned, from Time to Time, as well by Night as by Day, to search for, seize, and carry away, or cause to be searched for, seized, and carried away, all Arms and Ammunition whatsoever belonging to or being in the Custody or Possession of any Papist or reputed Papist, not duly licensed to keep and carry the same, or in the Hands or Possession of any Person or Persons in Trust for them or any of them, and for that Purpose to enter into any Dwelling House, Outhouse, Office, Field, or other Place belonging to such Papist or reputed Papist, and into the Dwelling House, Out-house, Office, Field, or other Place belonging to any other Person whatsoever, where he or they should have reasonable Cause to suspect any such Arms or Ammunition should be concealed, and such Arms and Ammunition so taken and seized should by the Person or Persons so seizing and taking the same be preserved for the Use of His Majesty, His Heirs and Successors, to be disposed of as He or They should think fit, unless it should appear that the same were forcibly taken and carried away from some of His Majesty\u2019s Subjects in manner therein-before mentioned, in which Case such Arms and Ammunition should be delivered to the Person or Persons from whom the same were so forcibly taken; and in case any such Justice or Justices of the Peace, or other Chief Magistrate as aforesaid, after such Search made, should have Cause to suspect that any Arms or Ammunition remained concealed and not seized as aforesaid, he and they was and were thereby required to cause such Person and Persons whom he or they should suspect to have concealed the same to be brought before him and them, and to be examined upon Oath concerning the same; and so much of said Act as enacts that every such Person or Persons who, upon Demand or Search made for such Arms or Ammunition as aforesaid, should refuse to deliver up the same, and also to declare and manifest to the Justice or Justices of the Peace, Mayors, Sheriffs, or other Chief Magistrates, what Arms or Ammunition he, she, or they, or any other, to his, her, or their Knowledge, or with his, her, or their Privity, had, or should hinder or disturb the Delivery thereof to the said Justices as therein; and every Person and Persons who should refuse to make Discovery, upon his or their Oath, to be administered by such Justice or Justices of the Peace or other Chief Magistrates aforesaid, concerning the Premises aforesaid, on being summoned as therein mentioned, should, without reasonable Cause, neglect or refuse to appear to be examined as therein, every Person or Persons so offending, being thereof lawfully convicted, should be punished by Fine, Imprisonment, Pillory, or Whipping; and so much of said Act as enacts that every Person or Persons who should by Force or Violence break open any Gaol or Prison with Intent to rescue and enlarge him, her, or themselves, or any other Prisoner or Prisoners therein confined on account of any Offence, though the same be not capital, all and every Person or Persons found guilty thereof should suffer Death, and may be tried before the Trial or Attainder of the Person or Persons so enlarged; and so much of said recited Act as enacts, that every Person who shall rescue any Person committed by a Justice of the Peace for Treason, Felony, or any of the Offences therein punishable with Death, from a Constable or any Person legally authorized for that Purpose, before the Person or Persons so committed should be lodged in Gaol, being found guilty thereof, should suffer Death; shall be and the same, save and except as to Offences committed before the passing of this Act, is and are hereby repealed.<\/p>\n<h4>Driving from Home<\/h4>\n<p>Any Person who shall compel or menace any one to quit his Farm or Employment, or shall assault or break into any Habitation, or injure Property, or carry away Horses, &amp;c., shall be liable to Transportation or Imprisonment.<\/p>\n<p>II. And be it further enacted, That if any Person or Persons, rising or assembling in the Manner mentioned in the said recited Act of the Fifteenth and Sixteenth Years of His late Majesty King George the Third, or in any other Manner whatsoever, shall unlawfully compel, or by Force, Threats, or Menaces attempt to compel, any of His Majesty\u2019s Subjects to quit his, her, or their Dwelling House, Habitation, Farm, Possession, Place of Abode, Service, or lawful Employment, or shall maliciously assault or injure the Dwelling House, Place of Abode, or Habitation of any other Person or Persons, or shall break into his, her, or their House, Habitation, Barn, or Outhouse, or cause any Door to be opened by Threats or Menaces, or shall maliciously injure the Land, Goods, or Chattels, or Property, Real or Personal, of any other Person or Persons; or take or carry away any Horse, Gelding, Mare, or Mule, or any Gun, Sword, or other Weapon, or any Money or Goods or Chattels whatsoever, without the Consent of the Owner, or shall cause the same or any of the same to be delivered to him or them by Threats or Menaces; or shall in any Manner whatsoever maliciously dig up, turn up, pull up, cut down, prostrate, level, demolish, or injure the Lands or Crops growing or severed, or the Walls, Paling, Hedges, or other Fences, or the Cattle, Goods, or Chattels, of any other Person or Persons; all and every Person and Persons so offending, being thereof lawfully convicted, shall be liable to be transported beyond the Seas for the Term of his natural Life, or for the Term of Seven or Fourteen Years, or be imprisoned with or without hard Labour for any Term not exceeding Three Years, and, if a Male, to be once, twice, or thrice publicly or privately whipped, if the Court shall think fit, in addition to such Imprisonment.<\/p>\n<h4>Sending threatening Notices or Letters, &amp;c. Transportation or Imprisonment.<\/h4>\n<p>III. And be it enacted, That if any Person or Persons shall knowingly print, write, post, publish, circulate, send, or deliver, or cause or procure to be printed, written, posted, published, circulated, sent, or delivered, any Notice, Letter, or Message exciting or tending to excite any Riot, tumultuous or unlawful Meeting or Assembly, or unlawful Combination or Confederacy, or threatening any Violence, Injury, or Damage, upon any Condition or in any Event, or otherwise, to the Person, or Property, Real or Personal, of any Person whatever, or demanding any Money, Arms, Weapons or Weapon, Ammunition, or other Matter or Thing whatsoever, or directing or requiring any Person to do or not to do any Act, or to quit the Service or Employment of any Person, or to set or to give out any Land, every Person so offending shall be liable to be transported beyond the Seas for the Term of Seven Years, or to be imprisoned, with or without hard Labour, for any Term not exceeding Three Years, and, if a Male, to be once, twice, or thrice publicly or privately whipped, if the Court shall think fit, in addition to such Imprisonment.<\/p>\n<h4>Breaking Gaol, Transportation or Imprisonment.<\/h4>\n<p>IV. And be it enacted, That from and after the passing of this Act, every Person or Persons who shall by Force or Violence break open any Gaol, Prison, or Bridewell, with an Intention to rescue and enlarge him, her, or themselves, or any other Prisoner or Prisoners therein confined on account of any Offence, though the same be not Capital, all and every Person or Persons who shall commit such Offence, and shall be found guilty thereof, shall be transported beyond the Seas for the Term of his natural Life, or for the Term of Seven or Fourteen Years, or be imprisoned, with or without hard Labour, for any Term not exceeding Three Years, and, if a Male, be once, twice, or thrice publicly or privately whipped, if the Court shall think fit, in addition to such Imprisonment, and shall and may be tried before the Trial of the Person or Persons so enlarged, any Law or Statute to the contrary in anywise notwithstanding.<\/p>\n<h4>Rescuing Prisoners, Transportation or Imprisonment.<\/h4>\n<p>V. And be it enacted, That every Person who shall rescue any Person committed by a Justice of the Peace, on a Mittimus, for Treason, Felony, or any of the Offences herein-before mentioned, punishable with Transportation, from a Constable or any Person legally authorized for that Purpose, before the Person or Persons so committed shall be lodged in Gaol, shall, on being found guilty thereof, be transported beyond the Seas for the Term of his natural Life, or for the Term of Seven or Fourteen Years, or be imprisoned, with or without hard Labour, for any Term not exceeding Three Years, and, if a Male, be once, twice, or thrice publicly or privately whipped, if the Court shall think fit, in addition to such Imprisonment.<\/p>\n<h4>Persons abetting or encouraging others to commit any Offence punishable by Transportation to be transported or imprisoned.<\/h4>\n<p>VI. And be it further enacted, That all and every Person and Persons who shall assist, abet, or succour any Person or Persons to commit any of the Offences mentioned in this Act, for which Sentence of Transportation may be awarded, or shall knowingly excite, encourage, or promote, or shall solicit, ask, or require, any Person or Persons whatsoever, or shall endeavour to compel or induce any Person or Persons, to join in the Commission of any Offence mentioned in this Act, for which Sentence of Transportation may be awarded, shall be liable to be transported beyond the Seas for the Term of Seven Years, or be imprisoned, with or without hard Labour, for any Term not exceeding Three Years, and, if a Male, to be once, twice, or thrice publicly or privately whipped, if the Court shall think fit, in addition to such Imprisonment.<\/p>\n<h4>Court may order Persons convicted to be removed out of the County.<\/h4>\n<p>VII. And be it enacted, That it shall and may be lawful for the Court, if such Court shall so think fit, after sentencing any Person to be transported or imprisoned as aforesaid, immediately on such Sentence to order and cause such Person so sentenced to be transmitted out of the County, County of a City, or County of a Town wherein the Conviction shall take place, to any of His Majesty\u2019s Gaols, Prisons, or Hulks, or other Places of Confinement, in any Part of Great Britain or Ireland, there to remain till he or they shall be transported, or to be imprisoned therein, according to the Adjudication of the Court.<\/p>\n<h4>Court may fine Witnesses who do not attend.<\/h4>\n<p>VIII. \u2018And whereas Doubts have arisen whether the Courts of Oyer and Terminer or Gaol Delivery, or the Courts of Quarter Sessions, and other Courts having Jurisdiction in Criminal Cases in Ireland, have Power to fine Persons who refuse or decline to obey the Summonses of such Court to attend as Witnesses;\u2019 be it declared and enacted, That it shall and may be lawful for every Court in Ireland having by Law Jurisdiction over Criminal Offences, upon Proof being made of the Service, either personally or at the Residence of the Person or Persons required to attend, of any Summons to appear and give Evidence in such Court touching any Offence, to impose upon the Person so served, in case of his or her disobeying such Summons, such Fine or Fines as the Court shall in its Discretion think proper, and to direct that the same shall be levied and raised in manner herein-after mentioned.<\/p>\n<h4>Court may order Fine to be immediately levied.<\/h4>\n<p>IX. And be it enacted, That it shall and may be lawful to and for the Judge, Assistant Barrister, or Recorder presiding at any Court of Assize, Gaol Delivery, Sessions, or other Court as aforesaid, immediately on any Recognizance being estreated, or any Juror or Witness fined, to forthwith order the Clerk of the Crown, Clerk of the Peace, Town Clerk, or other Officer of such Court, to issue his Warrant to the Sheriff or Sheriffs of any County or County of a Town or County of a City, commanding him or them forthwith to levy the Amount for which such Recognizance shall be estreated or Fine imposed on the Body and Goods of the Person or Persons against whom such Warrant shall issue, as is usual in the Recovery of forfeited Recognizances; and that the Sum so to be levied shall, after deducting thereout the Sum of Sixpence per Pound, and no more, on the Money actually levied and received by such Sheriff or Sheriffs, be forthwith paid to the Treasurer or other Officer of the Infirmary of the County, County of a City, Town, or Place wherein such Court shall be held, for the Use of such Infirmary, in case there shall be any such Infirmary established within or for such County, County of a City, Town, or Place, and in case there shall be no such Infirmary, then to the Treasurer or other proper Officer of such other public Charity within such County, City, Town, or Place, as such Court shall by its Order for that Purpose direct; and every such Clerk of the Crown, Clerk of the Peace, Town Clerk, or other Officer of such Court shall keep an Account, in a Book to be provided for that Purpose, of the Amount of every such forfeited Recognizance and Fine, specifying the Place and Time and Order whereby such Recognizance was forfeited or Fine imposed, and the Name or Names of the Person or Persons on whom such Forfeiture or Fine was imposed, and shall, within Fourteen Days next after such Recognizance shall be forfeited or Fine imposed, transmit an Abstract from said Book to the Treasurer or other proper Officer of the Infirmary of the County, City, Town, or Place, or to the Treasurer or other Officer of any public Charity within such County, City, Town, or Place where there shall not be such Infirmary; and that every such Book shall at all seasonable Times be open to the Inspection of such Treasurer or other Officer, for the Purpose of ascertaining what Sums of Money may be due and payable under this Act; and that such Clerk of the Crown, Clerk of the Peace, Town Clerk, or other Officer shall, at each Spring and Summer Assizes in every Year, post and affix on the Door of the Court House or Place in which the Assizes shall be holden, a true Copy of so much of such Book as contains all the Recognizances or Fines forfeited and imposed since the first Day of the preceding Assizes, to be then and there kept, posted, and affixed during the whole of such Assizes, and shall, within Fourteen Days after the Conclusion of such Assizes, cause a true Abstract to be inserted in some one public Newspaper published or circulated within such County, City, or Town; and if any Clerk of the Crown, Clerk of the Peace, Town Clerk, or other Officer shall omit or neglect to keep such Account as aforesaid, or to post or publish the same in manner required by this Act, or if any such Account or Abstract shall in any Particular be untrue or deficient, or if any Sheriff or Sheriffs shall neglect or omit to pay over to such Treasurer or other proper Officer the Amount levied by him or them within Ten Days after he shall levy the same, every such Clerk of the Crown, Clerk of the Peace, Town Clerk, or other Officer, or Sheriff or Sheriffs, shall for every such Offence, Neglect, or Omission forfeit the Sum of One hundred Pounds, to be recovered, with full Costs of Suit, by any Person who will sue for the same in any of His Majesty\u2019s Courts of Record in Ireland, by Action of Debt, Bill, Plaint, or Information, in which no Protection or Essoign or Wager of Law, nor more than One Imparlance, shall be allowed.<\/p>\n<p>Commencement and Extent of Act.<\/p>\n<p>X. And be it enacted, That this Act shall commence and take effect immediately on the passing thereof; and that it shall extend only to that Part of the United Kingdom called Ireland.<\/p>\n<p>Vagrancy (Ireland) Act, 1847<br \/>\nView by SectionView Full ActCommencement, Amendments, SIs made under the Act<\/p>\n<h2>VAGRANCY (IRELAND) ACT 1847<\/h2>\n<p>CHAPTER LXXXIV.<\/p>\n<p>An Act to make Provision for the Punishment of Vagrants and Persons offending against the Laws in force for the Relief of the destitute Poor in Ireland. [22d July 1847.]<\/p>\n<p>[Preamble.]<\/p>\n<p>[S. 1 rep. 38 &amp; 39 Vict. c. 66. (S.L.R.)]<\/p>\n<h4>Punishment of persons neglecting to maintain their wives or children.<\/h4>\n<p>2. Every person who shall desert or wilfully neglect to maintain his wife or any child whom he may be liable to maintain, so that such wife or child shall become destitute and be relieved in or out of the workhouse of any union in Ireland, shall on conviction thereof before any justice of the peace be committed to the common gaol or house of correction, there to be kept to hard labour for any time not exceeding three calendar months.<\/p>\n<h4>Punishment of persons wandering abroad, or begging in public places, &amp;c.<\/h4>\n<p>3. Every person wandering abroad and begging, or placing himself in any public place, street, highway, court, or passage to beg or gather alms, or causing or procuring or encouraging any child or children so to do, and every person who, having been resident in any union in Ireland, shall go from such union to some other union, or from one electoral or relief district to another electoral or relief district in Ireland, for the purpose of obtaining relief in such last-mentioned union or district, shall on conviction thereof before any justice of the peace, if such justice shall think fit, be committed to the common gaol or house of correction, there to be kept to hard labour for any time not exceeding one calendar month.<\/p>\n<h4>Power to apprehend persons offending against this Act.<\/h4>\n<p>4. It shall be lawful for any person whatsoever to apprehend any person whom he shall find offending against this Act, and to take and convey such offender as soon as may be reasonably practicable before any justice of the peace, to be dealt with as is herein-before provided, or to deliver him to any constable or other peace officer of the county or place wherein he shall have been apprehended, to be so taken and conveyed as aforesaid; and it shall be the duty of every constable or peace officer to take into his custody every such offender so delivered to him, and to take and convey such offender before a justice of the peace as soon as may be reasonably practicable, to be dealt with as is directed by this Act.<\/p>\n<h4>Warrants for apprehension of offenders.<\/h4>\n<p>5. It shall be lawful for any justice of the peace, upon proof that any person hath committed any of the offences herein-before mentioned, to issue his warrant to apprehend such offender, and to bring him before the same or some other justice of the peace, to be dealt with as is directed by this Act.<\/p>\n<h4>Proceedings not to be quashed for want of form, &amp;c.<\/h4>\n<p>6. No proceeding by or before any justice of the peace under the provisions of this Act shall be quashed for want of form, or shall be removable into any of her Majesty\u2019s superior courts by writ of certiorari; . . .<\/p>\n<p>[S. 7 rep. 55 &amp; 56 Vict. c. 19. (S.L.R.)]<\/p>\n<p>Interpretation.<\/p>\n<p>8. In the construction of this Act every word importing the singular number or masculine gender only shall, except where the context excludes such construction, be understood to include and shall be applied to several persons, matters, or things as well as one person, matter, or thing, and to females as well as males respectively; and the word \u201cjustice\u201d shall be understood to include and extend to any justice of the peace or magistrate of a county, county of a city, or county of a town, or of any city or town corporate; and the word \u201cconstable\u201d shall be understood to include all chief and other constables and sub-constables appointed under any Act relating to the constabulary force of Ireland, or for the regulation of the police district of Dublin.<\/p>\n<p>[S. 9 rep. 38 &amp; 39 Vict. c. 66. (S.L.R.)]<\/p>\n<h2>CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 1 November 2023<\/p>\n<p>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<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\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<p>E2<br \/>\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<p>E3<br \/>\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<p>\u2022 Housing (Sale of Local Authority Houses) Regulations 2015 (S.I. No. 484 of 2015), reg. 7<\/p>\n<p>\u2022 Taxi Regulation Act 2013 (37\/2013), ss. 30, 31 and sch. part 2 item 2<\/p>\n<p>\u2022 Housing (Incremental Purchase) Regulations 2010 (S.I. No. 252 of 2010), reg. 6<\/p>\n<p>\u2022 Criminal Justice Act 2007 (29\/2007), ss. 25, 26 and sch. 2 para. 10<\/p>\n<p>PART I<\/p>\n<p>Preliminary and General<\/p>\n<p>Short title, collective citation and commencement.<\/p>\n<p>1.\u2014(1) This Act may be cited as the Criminal Justice (Public Order) Act, 1994.<\/p>\n<p>(2) The Vagrancy Acts, 1824 and 1988, and section 12 may be cited together as the Vagrancy Acts, 1824 to 1994.<\/p>\n<p>(3) This Act shall come into operation one month after its passing.<\/p>\n<h4>Interpretation (general).<\/h4>\n<p>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<p>(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<p>PART II<\/p>\n<h4>Offences Relating to Public Order<\/h4>\n<h4>Interpretation (Part II).<\/h4>\n<p>3.\u2014In this Part, except where the context otherwise requires\u2014<\/p>\n<p>\u201cdwelling\u201d includes a building, vehicle or vessel ordinarily used for habitation;<\/p>\n<p>\u201cprivate place\u201d means a place that is not a public place;<\/p>\n<p>\u201cpublic place\u201d includes\u2014<\/p>\n<p>(a) any highway,<\/p>\n<p>(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<p>(c) any cemetery or churchyard,<\/p>\n<p>(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<p>(e) any train, vessel or vehicle used for the carriage of persons for reward.<\/p>\n<p>Annotations:<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nDefinition of &#8220;public place&#8221; construed (3.07.2021) by Civil Law (Miscellaneous Provisions) Act 2021 (14\/2021), s. 6, commenced as per s. 9(3).<\/p>\n<p>Application of Criminal Justice (Public Order) Act 1994<\/p>\n<p>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<h4>Intoxication in public place.<\/h4>\n<p>4.\u2014(1) It shall be an offence for any person to be present in any public place while intoxicated to such an extent as would give rise to a reasonable apprehension that he might endanger himself or any other person in his vicinity.<\/p>\n<p>(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding F1[\u20ac500].<\/p>\n<p>(3) Where a member of the Garda S\u00edoch\u00e1na suspects, with reasonable cause, that an offence under this section or under section 5 or 6 is being committed, the member concerned may seize, obtain or remove, without warrant, any bottle or container, together with its contents, which\u2014<\/p>\n<p>(a) is in the possession, in a place other than a place used as a dwelling, of a person by whom such member suspects the offence to have been committed, and<\/p>\n<p>(b) such member suspects, with reasonable cause, contains an intoxicating substance:<\/p>\n<p>Provided that, in the application of this subsection to section 5 or 6, any such bottle or container, together with its contents, may only be so seized, obtained or removed where the member of the Garda S\u00edoch\u00e1na suspects, with reasonable cause, that the bottle or container or its contents, is relevant to the offence under section 5 or 6 which the member suspects is being committed.<\/p>\n<p>(4) In this section\u2014<\/p>\n<p>F2[ \u201cbottle or container\u201d means a bottle or container irrespective of whether\u2014<\/p>\n<p>(a) the bottle or container is opened or unopened, and<\/p>\n<p>(b) any or all of the contents of the bottle or container have been or are being consumed,<\/p>\n<p>and includes the contents of the bottle or container, but does not include a bottle or container for a substance which is in the possession of the person concerned for a purpose other than the intoxication of that or any other person; ]<\/p>\n<p>\u201cintoxicated\u201d means under the intoxicating influence of any alcoholic drink, drug, solvent or other substance or a combination of substances and cognate words shall be construed accordingly.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\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 \u20ac500 translates into a class E fine, not greater than \u20ac500, 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<p>F2<br \/>\nSubstituted (30.07.2008) by Intoxicating Liquor Act 2008 (17\/2008), s. 18, S.I. No. 286 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E4<br \/>\nPersons convicted of offence under section may be subject to exclusion order as provided (28.06.2003) by Criminal Justice (Public Order) Act 2003 (16\/2003), s. 3(1), commenced as per s. 1(7).<\/p>\n<p>F3[Extension of custody of intoxicated person by An Garda S\u00edoch\u00e1na for reasons of safety<\/p>\n<p>4A.\u2014(1) (a) Where a person\u2014<\/p>\n<p>(i) is in custody in a Garda S\u00edoch\u00e1na station having been arrested under section 24 or for the offence at common law of breach of the peace, and<\/p>\n<p>(ii) is, but for this section, to be released from custody,<\/p>\n<p>he or she may, if the member of the Garda S\u00edoch\u00e1na for the time being in charge of the Garda S\u00edoch\u00e1na station is of opinion that the person is intoxicated to such an extent as would give rise to a reasonable apprehension that the person might endanger himself or herself or other persons, be detained in custody for such period, not exceeding 6 hours from the time of his or her arrest, as the member of the Garda S\u00edoch\u00e1na so in charge remains of that opinion.<\/p>\n<p>(2) Where the member of the Garda S\u00edoch\u00e1na for the time being in charge of the Garda S\u00edoch\u00e1na station is of opinion that the person detained under subsection (1) is under the age of 18 years, the member shall, upon the attendance at the station of a parent or guardian of the person or of a person reasonably named by the person so detained, release the person into the custody of the parent or guardian or the person reasonably named, unless the member is of opinion that the person continues to be intoxicated to such an extent that, if so released, he or she will continue to give rise to a reasonable apprehension that he or she might endanger himself or herself or other persons.<\/p>\n<p>(3) Nothing in this section shall affect the operation of section 15 of the Criminal Justice Act 1951 (Proceedings on arrest) or section 53 of the Children Act 2001 (Duty of Garda S\u00edoch\u00e1na in relation to certain under-age children).<\/p>\n<p>(4) In this section &#8220;intoxicated &#8221; has the same meaning as it has in section 4.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F3<br \/>\nInserted (14.08.2017) by Criminal Justice Act 2017 (14\/2017), s. 3, S.I. No. 359 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E5<br \/>\nThe section heading is taken from the content of the section in the absence of one included in the amendment.<\/p>\n<h4>Disorderly conduct in public place.<\/h4>\n<p>5.\u2014(1) It shall be an offence for any person in a public place to engage in offensive conduct\u2014<\/p>\n<p>(a) between the hours of 12 o&#8217;clock midnight and 7 o&#8217;clock in the morning next following, or<\/p>\n<p>(b) at any other time, after having been requested by a member of the Garda S\u00edoch\u00e1na to desist.<\/p>\n<p>(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding F4[\u20ac1,000].<\/p>\n<p>(3) In this section \u201coffensive conduct\u201d means any unreasonable behaviour which, having regard to all the circumstances, is likely to cause serious offence or serious annoyance to any person who is, or might reasonably be expected to be, aware of such behaviour.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F4<br \/>\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<p>Editorial Notes:<\/p>\n<p>E6<br \/>\nPersons convicted of offence under section may be subject to exclusion order as provided (28.06.2003) by Criminal Justice (Public Order) Act 2003 (16\/2003), s. 3(1), commenced as per s. 1(7).<\/p>\n<h4>Threatening, abusive or insulting behaviour in public place.<\/h4>\n<p>6.\u2014(1) It shall be an offence for any person in a public place to use or engage in any threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or being reckless as to whether a breach of the peace may be occasioned.<\/p>\n<p>(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding F5[\u20ac1,000] or to imprisonment for a term not exceeding 3 months or to both.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F5<br \/>\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<p>Editorial Notes:<\/p>\n<p>E7<br \/>\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<p>E8<br \/>\nPersons convicted of offence under section may be subject to exclusion order as provided (28.06.2003) by Criminal Justice (Public Order) Act 2003 (16\/2003), s. 3(1), commenced as per s. 1(7).<\/p>\n<p>Distribution or display in public place of material which is threatening, abusive, insulting or obscene.<\/p>\n<p>7.\u2014(1) It shall be an offence for any person in a public place to distribute or display any writing, sign or visible representation which is threatening, abusive, insulting or obscene with intent to provoke a breach of the peace or being reckless as to whether a breach of the peace may be occasioned.<\/p>\n<p>(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding F6[\u20ac1,000] or to imprisonment for a term not exceeding 3 months or to both.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F6<br \/>\nSubstituted (30.07.2008) by Intoxicating Liquor Act 2008 (17\/2008), s. 22 and schedule 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<p>Editorial Notes:<\/p>\n<p>E9<br \/>\nPersons convicted of offence under section may be subject to exclusion order as provided (28.06.2003) by Criminal Justice (Public Order) Act 2003 (16\/2003), s. 3(1), commenced as per s. 1(7).<\/p>\n<h4>Failure to comply with direction of member of Garda S\u00edoch\u00e1na.<\/h4>\n<p>8.\u2014(1) Where a member of the Garda S\u00edoch\u00e1na finds a person in a public place and suspects, with reasonable cause, that such person\u2014<\/p>\n<p>(a) is or has been acting in a manner contrary to the provisions of section 4, 5, 6, 7 or 9, or<\/p>\n<p>(b) without lawful authority or reasonable excuse, is acting in a manner which consists of loitering in a public place in circumstances, which may include the company of other persons, that give rise to a reasonable apprehension for the safety of persons or the safety of property or for the maintenance of the public peace,<\/p>\n<p>the member may direct the person so suspected to do either or both of the following, that is to say:<\/p>\n<p>(i) desist from acting in such a manner, and<\/p>\n<p>(ii) leave immediately the vicinity of the place concerned in a peaceable or orderly manner.<\/p>\n<p>(2) 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<p>(3) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding F7[\u20ac1,000] or to imprisonment for a term not exceeding 6 months or to both.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F7<br \/>\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<p>Editorial Notes:<\/p>\n<p>E10<br \/>\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<p>E11<br \/>\nPersons convicted of offence under section may be subject to exclusion order as provided (28.06.2003) by Criminal Justice (Public Order) Act 2003 (16\/2003), s. 3(1), commenced as per s. 1(7).<\/p>\n<p>F8[<\/p>\n<h4>Power to direct persons who are in possession of intoxicating substances, etc.<\/h4>\n<p>8A.\u2014(1) This section applies where a member of the Garda S\u00edoch\u00e1na believes with reasonable cause that\u2014<\/p>\n<p>(a) a person is in a relevant place alone or accompanied by other persons,<\/p>\n<p>(b) a bottle or container which contains an intoxicating substance is in the possession of the relevant person, and<\/p>\n<p>(c) the relevant person is acting in that place, or the relevant person and some or all of the accompanying persons are acting in that place, in a manner that\u2014<\/p>\n<p>(i) gives rise to a reasonable apprehension for the safety of persons or the safety of property or for the maintenance of the public peace, or<\/p>\n<p>(ii) is causing, or gives rise to a reasonable apprehension is likely to cause, annoyance and nuisance to another person or persons or interference with that other person\u2019s or persons\u2019 peaceful possession and enjoyment by that other person or persons of his or her, or their, as the case may be, property.<\/p>\n<p>(2) Where this section applies, the member may\u2014<\/p>\n<p>(a) seek an explanation from the relevant person as to all or any of the matters to which the relevant belief relates, and<\/p>\n<p>(b) do one or more of the following, if the relevant person fails or refuses to give such an explanation or if such an explanation is given, and in either case the member remains of the relevant belief:<\/p>\n<p>(i) request the relevant person to immediately give the bottle or container to the member (or to another member of the Garda S\u00edoch\u00e1na accompanying the member) and at the same time as the request is made give to the relevant person a warning in ordinary language that a failure or refusal to comply with the request may lead to the seizure of the bottle or container or to his or her arrest or to both (or words to the like effect);<\/p>\n<p>(ii) if the relevant person fails or refuses to comply with the request, seize, detain and remove, without warrant, the bottle or container with the use, if necessary, of such force as is reasonable in the circumstances;<\/p>\n<p>(iii) direct the relevant person and, if appropriate, some or all of the accompanying persons, to desist from acting in the manner referred to in paragraph (c) of subsection (1);<\/p>\n<p>(iv) direct the relevant person and, if appropriate, some or all of the accompanying persons, to leave immediately the place in a peaceable or orderly manner;<\/p>\n<p>(v) request the relevant person to provide the member with his or her name and address.<\/p>\n<p>(3) Where\u2014<\/p>\n<p>(a) a person fails or refuses to comply with a request made by the member under subparagraph (i) or (v) of paragraph (b) of subsection (2),<\/p>\n<p>(b) a person fails or refuses to comply with a direction given by the member under subparagraph (iii) or (iv) of paragraph (b) of subsection (2), or<\/p>\n<p>(c) the member has reasonable grounds for believing that the name or address provided to the member, in compliance with a request made by the member under subparagraph (v) of paragraph (b) of subsection (2), is false or misleading,<\/p>\n<p>the member may arrest such person without warrant.<\/p>\n<p>(4) A person who\u2014<\/p>\n<p>(a) fails or refuses to comply with a request made by the member under subparagraph (i) or (v) of paragraph (b) of subsection (2), or<\/p>\n<p>(b) in purported compliance with a request made by the member under subparagraph (v) of paragraph (b) of subsection (2), provides to the member a name or address which is false or misleading,<\/p>\n<p>shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding \u20ac500.<\/p>\n<p>(5) It shall be an offence for any person, without lawful authority or reasonable excuse, to fail to comply with a direction given by the member under subparagraph (iii) or (iv) of paragraph (b) of subsection (2).<\/p>\n<p>(6) A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding \u20ac1,000.<\/p>\n<p>(7) Where the member or another member of the Garda S\u00edoch\u00e1na has been given, or has seized, detained and removed, a bottle or container pursuant to this section, the member shall\u2014<\/p>\n<p>(a) dispose of the bottle or container in such manner as he or she considers appropriate, and<\/p>\n<p>(b) make and retain, or cause to be made and retained, a record in writing of the manner, date and place of such disposal.<\/p>\n<p>(8) Nothing in this section shall prejudice the operation of the other provisions of this Act or of the Criminal Justice (Public Order) Act 2003.<\/p>\n<p>(9) In this section\u2014<\/p>\n<p>&#8220;bottle or container&#8221; means a bottle or container irrespective of whether\u2014<\/p>\n<p>(a) the bottle or container is opened or unopened, and<\/p>\n<p>(b) any or all of the contents of the bottle or container have been or are being consumed,<\/p>\n<p>and includes the contents of the bottle or container;<\/p>\n<p>&#8220;relevant belief&#8221;, in relation to a member of the Garda S\u00edoch\u00e1na, means the belief referred to in subsection (1) of the member;<\/p>\n<p>&#8220;relevant person&#8221; means the person first-mentioned in paragraph (a) of subsection (1);<\/p>\n<p>&#8220;relevant place&#8221; means a place other than a place used as a private dwelling.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F8<br \/>\nInserted (30.07.2008) by Intoxicating Liquor Act 2008 (17\/2008), s. 19, 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<p>F9[<\/p>\n<h4>Power of entry for purposes of section 8A, etc.<\/h4>\n<p>8B.\u2014A member of the Garda S\u00edoch\u00e1na may enter without warrant a place other than a place used as a private dwelling if the member has reasonable grounds for believing that\u2014<\/p>\n<p>(a) the matters specified in paragraphs (a), (b) and (c) of subsection (1) of section 8A, or<\/p>\n<p>(b) the matters specified in paragraphs (a), (b) and (c) of subsection (1) of section 37A (inserted by section 14 of the Intoxicating Liquor Act 2008),<\/p>\n<p>are occurring in such place.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F9<br \/>\nInserted (30.07.2008) by Intoxicating Liquor Act 2008 (17\/2008), s. 19, S.I. No. 286 of 2008.<\/p>\n<p>Wilful obstruction.<\/p>\n<p>9.\u2014Any person who, without lawful authority or reasonable excuse, wilfully prevents or interrupts the free passage of any person or vehicle in any public place shall be liable on summary conviction to a fine not exceeding F10[\u20ac400].<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F10<br \/>\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 \u20ac400 translates into a class E fine, not greater than \u20ac500, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 8(3) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E12<br \/>\nPersons convicted of offence under section may be subject to exclusion order as provided (28.06.2003) by Criminal Justice (Public Order) Act 2003 (16\/2003), s. 3(1), commenced as per s. 1(7).<\/p>\n<p>F11[<\/p>\n<h4>Failure to comply with direction of member of Garda S\u00edoch\u00e1na with regard to court proceedings<\/h4>\n<p>9A.\u2014(1) Where a member of the Garda S\u00edoch\u00e1na finds a person in a place where any court proceedings take, or are taking, place before a judge or a court officer and he or she suspects, with reasonable cause, that the person, whether alone or in the company of other persons, is\u2014<\/p>\n<p>(a) without lawful authority or reasonable excuse wilfully interfering with or obstructing\u2014<\/p>\n<p>(i) the conduct of the proceedings, or<\/p>\n<p>(ii) witnesses or other persons connected with the proceedings, or<\/p>\n<p>(b) acting in a manner which gives rise to a reasonable apprehension for the safety of persons or the safety of property or for the maintenance of the public peace, the member may direct the person so suspected to do either or both of the following:<\/p>\n<p>(i) desist from acting in such a manner;<\/p>\n<p>(ii) leave immediately the vicinity of the place concerned in a peaceable and orderly manner.<\/p>\n<p>(2) 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<p>(3) A person who is guilty of an offence under this section shall be liable on summary conviction to a class D fine or to imprisonment for a term not exceeding 6 months or to both.<\/p>\n<p>(4) This section is without prejudice to the power of the court in respect of the matters to which this section relates.<\/p>\n<p>(5) In this section, &#8220;court officer&#8221; means a Master of the High Court, Taxing Master or County Registrar.]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F11<br \/>\nInserted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24\/2023), s. 63(a), S.I. No. 525 of 2023, art. 3(g). A class D fine means a fine not greater than \u20ac1,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 7(1), S.I. No. 662 of 2010.<\/p>\n<h4>Increase of penalty for common assault, etc.<\/h4>\n<p>10.\u2014The Criminal Justice Act, 1951, is hereby amended by the substitution for subsection (2) of section 11 of the following:<\/p>\n<p>\u201c(2) A person convicted of common assault or battery shall be liable to a fine not exceeding \u00a31,000 or, at the discretion of the Court, imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.\u201d.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E13<br \/>\nCriminal Justice Act 1951 (2\/1951), s. 11 was repealed (19.08.1997) by Non-Fatal Offences Against the Person Act 1997 (26\/1997), s. 31 and sch., commenced as per s. 32(2).<\/p>\n<h4>Entering building, etc., with intent to commit an offence.<\/h4>\n<p>11.\u2014(1) It shall be an offence for a person\u2014<\/p>\n<p>(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<p>(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<p>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<p>(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<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F12<br \/>\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<p>Editorial Notes:<\/p>\n<p>E14<br \/>\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<h4>Amendment of Vagrancy Act, 1824.<\/h4>\n<p>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<h4>Trespass on building, etc.<\/h4>\n<p>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<p>(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<p>(i) desist from acting in such a manner, and<\/p>\n<p>(ii) leave immediately the vicinity of the place concerned in a peaceable or orderly manner.<\/p>\n<p>(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<p>(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<p>(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<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F13<br \/>\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<p>F14<br \/>\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<p>Editorial Notes:<\/p>\n<p>E15<br \/>\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<p>Riot.<\/p>\n<p>14.\u2014(1) Where\u2014<\/p>\n<p>(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<p>(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&#8217;s safety,<\/p>\n<p>then, each of the persons using unlawful violence for the common purpose shall be guilty of the offence of riot.<\/p>\n<p>(2) For the purposes of this section\u2014<\/p>\n<p>(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<p>(b) the common purpose may be inferred from conduct;<\/p>\n<p>(c) no person of reasonable firmness need actually be, or be likely to be, present at that place.<\/p>\n<p>(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<p>(4) The common law offence of riot is hereby abolished.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E16<br \/>\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<h4>Violent disorder.<\/h4>\n<p>15.\u2014(1) Where\u2014<\/p>\n<p>(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<p>(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<p>then, each of the persons using or threatening to use unlawful violence shall be guilty of the offence of violent disorder.<\/p>\n<p>(2) For the purposes of this section\u2014<\/p>\n<p>(a) it shall be immaterial whether or not the three or more persons use or threaten to use unlawful violence simultaneously;<\/p>\n<p>(b) no person of reasonable firmness need actually be, or be likely to be, present at that place.<\/p>\n<p>(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<p>(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<p>(5) A reference, however expressed, in any enactment passed before the commencement of this Act\u2014<\/p>\n<p>(a) to the common law offence of riot, or<\/p>\n<p>(b) to the common law offence of riot and to tumult,<\/p>\n<p>shall be construed as a reference to the offence of violent disorder.<\/p>\n<p>(6) The common law offence of rout and the common law offence of unlawful assembly are hereby abolished.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E17<br \/>\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<h4>Affray.<\/h4>\n<p>16.\u2014(1) Where\u2014<\/p>\n<p>(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<p>(b) the violence so used or threatened by one of those persons is unlawful, and<\/p>\n<p>(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&#8217;s safety,<\/p>\n<p>then, each such person who uses or threatens to use unlawful violence shall be guilty of the offence of affray.<\/p>\n<p>(2) For the purposes of this section\u2014<\/p>\n<p>(a) a threat cannot be made by words alone;<\/p>\n<p>(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<p>(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<p>(4) A person guilty of an offence of affray shall be liable\u2014<\/p>\n<p>(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<p>(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or to both.<\/p>\n<p>(5) The common law offence of affray is hereby abolished.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F15<br \/>\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<p>Editorial Notes:<\/p>\n<p>E18<br \/>\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<p>E19<br \/>\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<h4>Blackmail, extortion and demanding money with menaces.<\/h4>\n<p>17.\u2014(1) It shall be 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.<\/p>\n<p>(2) For the purposes of this section\u2014<\/p>\n<p>(a) a demand with menaces shall be unwarranted unless the person making it does so in the belief\u2014<\/p>\n<p>(i) that he has reasonable grounds for making the demand, and<\/p>\n<p>(ii) that the use of the menaces is a proper means of reinforcing the demand;<\/p>\n<p>(b) the nature of the act or omission demanded shall be immaterial and it shall also be immaterial whether or not the menaces relate to action to be taken by the person making the demand.<\/p>\n<p>(3) A person guilty of an offence under this section shall be liable\u2014<\/p>\n<p>(a) on summary conviction to a fine not exceeding F16[\u20ac2,500] or to imprisonment for a term not exceeding 12 months or to both,<\/p>\n<p>(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 14 years or to both.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F16<br \/>\nSubstituted (30.07.2008) by Intoxicating Liquor Act 2008 (17\/2008), s. 22 and sch. 2, S.I. No. 286 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E20<br \/>\nMinimum sentences for certain offences under section prescribed (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 25 and sch. 2 para. 10, S.I. No. 236 of 2007. 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<p>E21<br \/>\nMonitoring order or protection of persons order may be made where person convicted of offence under section as provided (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 26 and sch. 2 para. 10, S.I. No. 236 of 2007.<\/p>\n<p>E22<br \/>\nRelated offence (being in possession of article to be used in relation to offence under section) created (1.08.2002) by Criminal Justice (Theft and Fraud Offences) Act 2001 (50\/2001), s. 15, S.I. No. 252 of 2002.<\/p>\n<h4>Assault with intent to cause bodily harm or commit indictable offence.<\/h4>\n<p>18.\u2014(1) Any person who assaults any person with intent to cause bodily harm or to commit an indictable offence shall be guilty of an offence.<\/p>\n<p>(2) A person guilty of an offence under this section shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a fine not exceeding F17[\u20ac2,500] or to imprisonment for a term not exceeding 12 months or to both,<\/p>\n<p>(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or to both.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F17<br \/>\nSubstituted (30.07.2008) by Intoxicating Liquor Act 2008 (17\/2008), s. 22 and sch. 2, S.I. No. 286 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E23<br \/>\nOffences under section to result in mandatory disqualification for holding of public service vehicle licence for certain periods as provided (6.04.2014) by Taxi Regulation Act 2013 (37\/2013), s. 30 and sch., S.I. No. 163 of 2014.<\/p>\n<p>E24<br \/>\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. 8(a), 29, 30, S.I. No. 315 of 1998.<\/p>\n<h4>Assault or obstruction of peace officer.<\/h4>\n<p>F18[19.\u2014(1) Any person who assaults or threatens to assault\u2014<\/p>\n<p>(a) a person providing medical services at or in a hospital, or<\/p>\n<p>(b) a person assisting such a person, or<\/p>\n<p>(c) a peace officer acting in the execution of a peace officer\u2019s duty, knowing that he or she is, or being reckless as to whether he or she is, a peace officer so acting, or<\/p>\n<p>(d) any other person acting in aid of a peace officer, or<\/p>\n<p>(e) any other person with intent to resist or prevent the lawful apprehension or detention of himself or herself or any other person for any offence,<\/p>\n<p>shall be guilty of an offence. ]<\/p>\n<p>(2) A person guilty of an offence under subsection (1) shall be liable\u2014<\/p>\n<p>(a) having elected for summary disposal of the offence, on summary conviction, to a fine not exceeding F19[\u20ac5,000] or to imprisonment for a term not exceeding 12 months, or to both,<\/p>\n<p>(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding F20[12 years] or to both.<\/p>\n<p>F21[(3) Any person who resists or wilfully obstructs or impedes\u2014<\/p>\n<p>(a) a person providing medical services at or in a hospital, knowing that he or she is, or being reckless as to whether he or she is, a person providing medical services, or<\/p>\n<p>(b) a person assisting such a person, or<\/p>\n<p>(c) a peace officer acting in the execution of a peace officer\u2019s duty, knowing that he or she is or being reckless as to whether he or she is, a peace officer so acting, or<\/p>\n<p>(d) a person assisting a peace officer in the execution of his or her duty,<\/p>\n<p>shall be guilty of an offence.]<\/p>\n<p>(4) A person guilty of an offence under subsection (3) shall be liable on summary conviction to a fine not exceeding F22[\u20ac2,500] or to imprisonment for a term not exceeding 6 months or to both.<\/p>\n<p>(5) The provisions of this section are in addition to and not in substitution of any provision in any other enactment relating to assault or obstruction of a peace officer.<\/p>\n<p>(6) In this section\u2014<\/p>\n<p>F23[\u201chospital\u201d includes the lands, buildings and premises connected with and used wholly or mainly for the purposes of a hospital; ]<\/p>\n<p>F23[\u201cmedical services\u201d means services provided by\u2014<\/p>\n<p>(a) doctors, dentists, psychiatrists, nurses, midwives, pharmacists, health and social care professionals (within the meaning of the Health and Social Care Professionals Act 2005) or other persons in the provision of treatment and care for persons at or in a hospital, or<\/p>\n<p>(b) persons acting under direction of those persons;]<\/p>\n<p>\u201cpeace officer\u201d means a member of the Garda S\u00edoch\u00e1na, a prison officer F24[, a member of the fire brigade, ambulance personnel] or a member of the Defence Forces;<\/p>\n<p>\u201cprison\u201d means any place for which rules or regulations may be made under the Prisons Acts, 1826 to 1980, section 7 of the Offences against the State (Amendment) Act, 1940, section 233 of the Defence Act, 1954, section 2 of the Prisoners of War and Enemy Aliens Act, 1956, or section 13 of the Criminal Justice Act, 1960;<\/p>\n<p>F25[&#8220;prison officer&#8221; includes any member of the staff of a prison and any person having the custody of, or having duties relating to the custody of, a person in relation to whom an order of a court committing that person to a prison is for the time being in force;]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F18<br \/>\nSubstituted (1.08.2006) by Criminal Justice Act 2006 (26\/2006), s. 185(a), S.I. No. 390 of 2006.<\/p>\n<p>F19<br \/>\nSubstituted (1.08.2006) by Criminal Justice Act 2006 (26\/2008), s. 185(d), S.I. No. 390 of 2006. A fine of \u20ac5,000 translates into a class A fine, not greater than \u20ac5,000, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>F20<br \/>\nSubstituted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24\/2023), s. 63(b), S.I. No. 525 of 2023, art. 3(g).<\/p>\n<p>F21<br \/>\nSubstituted (1.08.2006) by Criminal Justice Act 2006 (26\/2006), s. 185(c), S.I. No. 390 of 2006.<\/p>\n<p>F22<br \/>\nSubstituted (1.08.2006) by Criminal Justice Act 2006 (26\/2006), s. 185(d), S.I. No. 390 of 2006. 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<p>F23<br \/>\nInserted (1.08.2006) by Criminal Justice Act 2006 (26\/2006), s. 185(e)(i), S.I. No. 390 of 2006.<\/p>\n<p>F24<br \/>\nInserted (1.08.2006) by Criminal Justice Act 2006 (26\/2006), s. 185(e)(ii), S.I. No. 390 of 2006.<\/p>\n<p>F25<br \/>\nSubstituted (1.05.2007) by Prisons Act 2007 (10\/2007), s. 41(4), S.I. No. 180 of 2007.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E25<br \/>\nOffences under section to result in mandatory disqualification for holding of public service vehicle licence for certain periods as provided (6.04.2014) by Taxi Regulation Act 2013 (37\/2013), s. 30 and sch., S.I. No. 163 of 2014.<\/p>\n<p>E26<br \/>\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<p>E27<br \/>\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<p>E28<br \/>\nPrevious affecting provision: subs. (2)(b) amended (1.08.2006) by Criminal Justice Act 2006 (26\/2006), s. 185(b), S.I. No. 390 of 2006; substituted (1.11.2023) as per F-note above.<\/p>\n<p>PART IIA<\/p>\n<h4>Offences Relating to Entering and Occupying Land Without Consent<\/h4>\n<p>]<\/p>\n<p>F26[Interpretation (Part IIA).<\/p>\n<p>19A.\u2014(1) In this Part, except where the context otherwise requires\u2014<\/p>\n<p>&#8220;Commissioner&#8221; means the Commissioner of the Garda S\u00edoch\u00e1na;<\/p>\n<p>&#8220;consent duly given&#8221; means consent given by\u2014<\/p>\n<p>(a) in the case of lands referred to in subsection (2)(a), the relevant statutory body,<\/p>\n<p>(b) in the case of lands referred to in subsection (2)(b), the relevant trustees, and<\/p>\n<p>(c) in any other case, the owner concerned;<\/p>\n<p>&#8220;health board&#8221; means<\/p>\n<p>(a) a health board established under the Health Act, 1970,<\/p>\n<p>(b) the Eastern Regional Health Authority, or<\/p>\n<p>(c) an Area Health Board established under the Health (Eastern Regional Health Authority) Act, 1999;<\/p>\n<p>F27[&#8220;local authority&#8221; means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);]<\/p>\n<p>&#8220;object&#8221; includes any temporary dwelling (within the meaning of section 69 of the Roads Act, 1993) and an animal of any kind or description;<\/p>\n<p>&#8220;owner&#8221; means\u2014<\/p>\n<p>(a) in relation to land, the person lawfully entitled\u2014<\/p>\n<p>(i) to possession, and<\/p>\n<p>(ii) to the immediate use and enjoyment,<\/p>\n<p>of the land as the owner, lessee, ten-and or otherwise, or any person acting on behalf of that person;<\/p>\n<p>(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;<\/p>\n<p>&#8220;statutory body&#8221; means\u2014<\/p>\n<p>(a) a Minister of the Government,<\/p>\n<p>(b) the Commissioners of Public Works in Ireland,<\/p>\n<p>(c) a local authority,<\/p>\n<p>(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,<\/p>\n<p>(e) a health board,<\/p>\n<p>F28[ (f) an education and training board,]<\/p>\n<p>(g) any other body established\u2014<\/p>\n<p>(i) by or under any enactment (other than the Companies Acts, 1963 to 2001), or<\/p>\n<p>(ii) under the Companies Acts, 1963 to 2001, in pursuance of powers conferred by or under another enactment,<\/p>\n<p>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.<\/p>\n<p>(2) In this part a reference to land includes\u2014<\/p>\n<p>(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,<\/p>\n<p>(b) land held by trustees for the benefit of the public or any class of the public, and<\/p>\n<p>(c) land covered by water.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F26<br \/>\nInserted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9\/2002), s. 24, S.I. No. 329 of 2002.<\/p>\n<p>F27<br \/>\nSubstituted (1.06.2014) by Local Government Reform Act 2014 (1\/2014), s. 5(8) and sch. 2 part 6, S.I. 214 of 2014.<\/p>\n<p>F28<br \/>\nSubstituted (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.<\/p>\n<p>F26[Extent of application (Part IIA), etc.<\/p>\n<p>19B.\u2014(1) This Part does not apply to any public road within the meaning of the Roads Act, 1993.<\/p>\n<p>(2) This Part is without prejudice to any other enactment (including any other provision of this Act) or any rule of law.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F29<br \/>\nInserted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9\/2002), s. 24, S.I. No. 329 of 2002.<\/p>\n<p>F26[<\/p>\n<h4>Entry on and occupation of land or bringing onto or placing an object on land without consent.<\/h4>\n<p>19C.\u2014(1) A person, without the duly given consent of the owner, shall not\u2014<\/p>\n<p>(a) enter and occupy any land, or<\/p>\n<p>(b) bring onto or place on any land any object,<\/p>\n<p>where such entry or occupation or the bringing onto or placing on the land of such object is likely to\u2014<\/p>\n<p>(i) substantially damage the land,<\/p>\n<p>(ii) substantially and prejudicially affect any amenity in respect of the land,<\/p>\n<p>(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,<\/p>\n<p>(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,<\/p>\n<p>(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.<\/p>\n<p>(2) A person who contravenes subsection (1) shall be guilty of an offence.<\/p>\n<p>(3) Where a member of the Garda S\u00edoch\u00e1na has reason to believe that a person is committing or has committed an offence under subsection (1) the member\u2014<\/p>\n<p>(a) may demand of the person his or her name and address,<\/p>\n<p>(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<\/p>\n<p>(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.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F30<br \/>\nInserted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9\/2002), s. 24, S.I. No. 329 of 2002.<\/p>\n<p>F26[<\/p>\n<h4>Refusing or failing to give name or address or failure to comply with direction.<\/h4>\n<p>19D.\u2014Where a person\u2014<\/p>\n<p>(a) refuses or fails to give his or her name and address to a member of the Garda S\u00edoch\u00e1na when demanded under section 19C, or gives to the member a name or address that is false or misleading, or<\/p>\n<p>(b) fails to comply with a direction under that section,<\/p>\n<p>he or she shall be guilty of an offence.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F31<br \/>\nInserted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9\/2002), s. 24, S.I. No. 329 of 2002.<\/p>\n<p>F26[<\/p>\n<h4>Arrest without warrant.<\/h4>\n<p>19E.\u2014A member of the Garda S\u00edoch\u00e1na may arrest without warrant a person\u2014<\/p>\n<p>(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,<\/p>\n<p>(b) who fails to comply with a direction given under section 19C(3)(b), or<\/p>\n<p>(c) whom the member finds committing an offence under section 19C(1).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F32<br \/>\nInserted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9\/2002), s. 24, S.I. No. 329 of 2002.<\/p>\n<p>F26[<\/p>\n<h4>Removal, storage and disposal of object.<\/h4>\n<p>19F.\u2014(1) Where a person fails to comply with a direction under section 19C(3)(b), a member of the Garda S\u00edoch\u00e1na 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.<\/p>\n<p>(2) Any person who obstructs or impedes or assists a person to obstruct or impede a member of the Garda S\u00edochana in the execution of his or her duty under this section shall be guilty of an offence.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(5) The Commissioner may dispose of, or cause to be disposed of, an object removed and stored under this section if\u2014<\/p>\n<p>(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<\/p>\n<p>(b) the name and address of the owner of the object cannot be ascertained by reasonable enquiry.<\/p>\n<p>(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.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F33<br \/>\nInserted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9\/2002), s. 24, S.I. No. 329 of 2002.<\/p>\n<p>F26[<\/p>\n<h4>Penalties and proceedings.<\/h4>\n<p>19G.\u2014(1) A person guilty of an offence under this Part shall be liable on summary conviction to a fine not exceeding F35[\u20ac4,000] or to a term of imprisonment not exceeding one month or to both.<\/p>\n<p>(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.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F34<br \/>\nInserted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9\/2002), s. 24, S.I. No. 329 of 2002. A fine of \u20ac4,000 translates into a class B fine, not greater than \u20ac4,000, 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.<\/p>\n<p>F35<br \/>\nsubstituted (30.07.2008) by Intoxicating Liquor Act 2008 (17\/2008), s. 22 and sch. 2, S.I. No. 286 of 2008.<\/p>\n<p>F26[Jurisdiction of District Court.<\/p>\n<p>19H.\u2014(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.<\/p>\n<p>(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.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F36<br \/>\nInserted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9\/2002), s. 24, S.I. No. 329 of 2002.<\/p>\n<p>PART III<\/p>\n<h4>Crowd Control at Public Events<\/h4>\n<h4>Interpretation (Part III).<\/h4>\n<p>20.\u2014In this Part\u2014<\/p>\n<p>\u201ccontainer\u201d does not include a container for any medicinal product;<\/p>\n<p>\u201cdisposable container\u201d includes\u2014<\/p>\n<p>(a) any bottle, can or other portable container or any part thereof (including any crushed or broken portable container or part thereof) for holding any drink which, when empty, is of a kind normally discarded or returned to, or left to be recovered by, the supplier, and<\/p>\n<p>(b) any crate or packaging designed to hold more than one such bottle, can or other portable container;<\/p>\n<p>\u201cevent\u201d has the meaning assigned to it by section 21 (1);<\/p>\n<p>\u201cintoxicating liquor\u201d includes any container containing intoxicating liquor, whether or not a disposable container.<\/p>\n<h4>Control of access to certain events, etc.<\/h4>\n<p>21.\u2014(1) If it appears to a member of the Garda S\u00edoch\u00e1na not below the rank of superintendent that it is necessary in the interests of safety or for the purpose of preserving order to restrict the access of persons to a place where an event is taking or is about to take place which attracts, or is likely to attract, a large assembly of persons (in this Part referred to as the \u201cevent\u201d), he may authorise any member of the Garda S\u00edoch\u00e1na to erect or cause to be erected a barrier or a series of 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.<\/p>\n<p>(2) Where a barrier has been erected in accordance with subsection (1), a member of the Garda S\u00edoch\u00e1na in uniform may by oral or manual direction or by the exhibition of any notice or sign, or any combination thereof\u2014<\/p>\n<p>(a) divert persons generally or particularly and whether in or on vehicles or on foot to another means of access to the event, including a means of access to that event on foot only, or<\/p>\n<p>(b) where possession of a ticket is required for entrance to the event, prohibit a person whether in or on vehicles or on foot from crossing or passing the barrier towards the event where the person has no such ticket, or<\/p>\n<p>(c) indicate that to proceed beyond the barrier while in possession of any intoxicating liquor, disposable drinks container or offensive article will render such liquor, container or article liable to confiscation.<\/p>\n<p>(3) A member of the Garda S\u00edoch\u00e1na shall not prohibit a person from crossing or passing a barrier erected under this section save for the purpose of diverting the person to another means of access to the event, if it appears to the member that the person is seeking to do so for the purpose only of\u2014<\/p>\n<p>(a) going to his dwelling or place of business or work in the vicinity of the event, or<\/p>\n<p>(b) going for any other lawful purpose to any place in the vicinity of the event other than the place where the event is taking place or is about to take place.<\/p>\n<p>(4) A person who\u2014<\/p>\n<p>(a) fails to obey a direction given by a member of the Garda S\u00edoch\u00e1na under subsection (2) for the purposes of paragraph (a) or (b) thereof, or<\/p>\n<p>(b) fails to comply with the terms of a notice or sign exhibited under subsection (2) for the purposes of paragraph (a) or (b) thereof,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<p>(5) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding F37[\u20ac1,000].<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F37<br \/>\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<h4>Surrender and seizure of intoxicating liquor, etc.<\/h4>\n<p>22.\u2014(1) Where in relation to an event\u2014<\/p>\n<p>(a) a barrier has been erected under section 21 and it appears to a member of the Garda S\u00edoch\u00e1na that a person on foot or in a vehicle is seeking to cross or pass the barrier, or has crossed or passed the barrier, for the purpose of going to the place where the event is taking place or is about to take place, or<\/p>\n<p>(b) it appears to a member of the Garda S\u00edoch\u00e1na that a person is about to enter, or has entered, the place where the event is taking place or is about to take place,<\/p>\n<p>and the person has, or the member of the Garda S\u00edoch\u00e1na suspects with reasonable cause that the person has, in his possession\u2014<\/p>\n<p>(i) any intoxicating liquor, or<\/p>\n<p>(ii) any disposable container, or<\/p>\n<p>(iii) any other article which, having regard to the circumstances or the nature of the event, could be used to cause injury,<\/p>\n<p>the member may exercise any one or more of the following powers\u2014<\/p>\n<p>(I) search or cause to be searched that person or any vehicle in or on which he may be in order to ascertain whether he has with him any such liquor, container or other article,<\/p>\n<p>(II) refuse to allow that person to proceed to the event or to proceed further, as the case may be, unless that person surrenders permanently to a member of the Garda S\u00edoch\u00e1na as directed by the member such liquor, container or other article.<\/p>\n<p>(2) Where a member of the Garda S\u00edoch\u00e1na refuses to allow a person to proceed to the event or to proceed further by virtue of subsection (1) (II) 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.<\/p>\n<p>(3) A person who, without lawful authority or reasonable excuse, fails to comply with a requirement under subsection (2) shall be guilty of an offence.<\/p>\n<p>(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding F38[\u20ac1,000].<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F38<br \/>\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(2) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>PART IV<\/p>\n<p>Miscellaneous and Repeals<\/p>\n<h4>Prohibition of advertising of brothels and prostitution.<\/h4>\n<p>23.\u2014(1) A person who publishes or causes to be published or distributes or causes to be distributed an advertisement which advertises a brothel or the services of a prostitute in the State or any premises or service in the State in terms, circumstances or manner which gives rise to the reasonable inference that the premises is a brothel or that the service is one of prostitution shall be guilty of an offence.<\/p>\n<p>(2) A person who is guilty of an offence under subsection (1) shall be liable\u2014<\/p>\n<p>(a) on summary conviction to a fine not exceeding F39[\u20ac2,500],<\/p>\n<p>(b) on conviction on indictment to a fine not exceeding F39[\u20ac25,000].<\/p>\n<p>(3) In any proceedings for an offence under subsection (1) it shall be a defence for the accused to show that he is a person whose business it is to publish or distribute or to arrange for the publication or distribution of advertisements and that he received the advertisement in question for publication or distribution in the ordinary course of business and did not know and had no reason to suspect that the advertisement related to a brothel or to the services of a prostitute.<\/p>\n<p>(4) Where an offence under subsection (1) is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons and is proved to have been committed with the consent or approval of, or to have been attributable to any neglect on the part of, any person who, when the offence was committed, was a director, member of the committee of management or other controlling authority of the body concerned, or the manager, secretary or other officer of the body, or who was purporting to act in any such capacity, that person, as well as the body, shall be guilty of an offence and shall be liable to be proceeded against and punished as if that person were guilty of the first-mentioned offence.<\/p>\n<p>(5) In this section\u2014<\/p>\n<p>\u201cadvertisement\u201d includes every form of advertising or promotion, whether in a publication or by the display of notices or posters or by the means of circulars, leaflets, pamphlets or cards or other documents or by way of radio, television, computer monitor, telephone, facsimile transmission, photography or cinematography or other like means of communication;<\/p>\n<p>\u201cdistribute\u201d means distribute to the public or a section of the public and cognate words shall be construed accordingly;<\/p>\n<p>\u201cpublish\u201d means publish to the public or a section of the public and cognate words shall be construed accordingly.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F39<br \/>\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<p>F40[<\/p>\n<h4>Fixed charge offences.<\/h4>\n<p>23A.\u2014 (1) A member of the Garda S\u00edoch\u00e1na who has reasonable grounds for believing that a person is committing, or has committed, an offence under F41[section 5, 21 or 22] (in this section referred to as a &#8220;fixed charge offence&#8221;) may serve on the person personally or by post the notice referred to in subsection (5) or cause it to be so served.<\/p>\n<p>(2) A member of the Garda S\u00edoch\u00e1na may, for the purposes of subsection (1)\u2014<\/p>\n<p>(a) request the person concerned to give his or her name and address and to verify the information given, and<\/p>\n<p>(b) if not satisfied with the name and address or any verification given, request that the person accompany the member to a Garda S\u00edoch\u00e1na station for the purpose of confirming the person\u2019s name and address.<\/p>\n<p>(3) A person who\u2014<\/p>\n<p>(a) does not give his or her name and address when requested to do so under subsection (2)(a) or gives a name or address that is false or misleading, or<\/p>\n<p>(b) does not comply with a request by a member of the Garda S\u00edoch\u00e1na under subsection (2)(b),<\/p>\n<p>is guilty of an offence and is liable on summary conviction to a fine not exceeding \u20ac1,500.<\/p>\n<p>(4) A member of the Garda S\u00edoch\u00e1na who is of opinion that a person is committing, or has committed, an offence under subsection (3) may arrest the person without warrant.<\/p>\n<p>(5) The notice referred to in subsection (1) shall be in the prescribed form and shall state\u2014<\/p>\n<p>(a) that the person on whom it is served is alleged to have committed the fixed charge offence concerned,<\/p>\n<p>(b) when and where it is alleged to have been committed,<\/p>\n<p>(c) that a prosecution for it will not be instituted if\u2014<\/p>\n<p>(i) during the period of 28 days beginning on the date of the notice, the person pays F42[in accordance with the notice] the prescribed amount, or<\/p>\n<p>(ii) within 28 days beginning on the expiration of that period, the person F42[pays in accordance with the notice] an amount which is 50 per cent greater than the prescribed amount,<\/p>\n<p>and<\/p>\n<p>(d) that in default of such payment the person will be prosecuted for the alleged offence.<\/p>\n<p>(6) A payment referred to in subsection (5) shall be accompanied by the notice referred to in that subsection.<\/p>\n<p>(7) Where a notice is served under subsection (1)\u2014<\/p>\n<p>(a) a person to whom the notice applies may make a payment in accordance with subsections (5)(c) and (6),<\/p>\n<p>F42[(b) the payment shall be received in accordance with the notice and the person receiving the payment shall issue a receipt for it, ]<\/p>\n<p>(c) a payment so received shall not be recoverable by the person who made it, and<\/p>\n<p>(d) a prosecution in respect of the alleged fixed charge offence to which the notice relates shall not be instituted during the periods specified in subsection (5)(c) or, if a payment is made in accordance with that subsection and subsection (6), at all.<\/p>\n<p>F42[(8)(a) In a prosecution for a fixed charge offence it shall be presumed until the contrary is shown that\u2014<\/p>\n<p>(i) the relevant notice under this section has been served or caused to be served, and<\/p>\n<p>(ii) a 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.]<\/p>\n<p>(b) Payments so made shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs.<\/p>\n<p>(9) (a) The Minister may make regulations prescribing anything which is referred to in this section as prescribed.<\/p>\n<p>(b) Different amounts may be prescribed for a fixed charge offence under this section and an offence under section 4 which is deemed by section 23B(4) to be a fixed charge offence.<\/p>\n<p>(c) Regulations made under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations.<\/p>\n<p>(10) In this section\u2014<\/p>\n<p>&#8220;Minister&#8221; means Minister for Justice, Equality and Law Reform;<\/p>\n<p>&#8220;person&#8221; means a person of not less than 18 years of age.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F40<br \/>\nInserted (1.08.2006) by Criminal Justice Act 2006 (26\/2006), s. 184, S.I. No. 390 of 2006. A fine of \u20ac1,500 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<p>F41<br \/>\nSubstituted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24\/2023), s. 63(c), S.I. No. 525 of 2023, art. 3(g).<\/p>\n<p>F42<br \/>\nSubstituted (30.07.2008) by Intoxicating Liquor Act 2008 (17\/2008), s. 20, S.I. No. 286 of 2008.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C2<br \/>\nFunctions under subs. (8)(b) transferred and Minister for and Department of Finance construed (20.09.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011), arts. 2,3, subject to transitional provisions in arts. 5-9.<\/p>\n<p>2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.<\/p>\n<p>(2) References to the Department of Finance contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.<\/p>\n<p>3. The functions conferred on the Minister for Finance by or under\u2014<\/p>\n<p>(a) the provisions of the enactments specified in the Schedule, and<\/p>\n<p>&#8230;<\/p>\n<p>are transferred to the Minister for Public Expenditure and Reform.<\/p>\n<p>&#8230;<\/p>\n<p>SCHEDULE<\/p>\n<p>Enactments<\/p>\n<p>Number and Year<\/p>\n<p>Short Title<\/p>\n<p>Provision<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>No. 2 of 1994<\/p>\n<p>Criminal Justice (Public Order) Act 1994<\/p>\n<p>Section 23A(8)(b)<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E29<br \/>\nPower pursuant to subs. (9) exercised (10.07.2009) by Criminal Justice (Public Order) Act 1994 (Sections 23A and 23B) (Amendment) Regulations 2009 (S.I. No. 266 of 2009).<\/p>\n<p>E30<br \/>\nPower pursuant to subs. (9) exercised (10.09.2008) by Criminal Justice (Public Order) Act 1994 (Sections 23A and 23B) Regulations 2008 (S.I. No. 363 of 2008).<\/p>\n<p>F43[Application of section 23A in relation to offence under section 4.<\/p>\n<p>23B.\u2014 (1) This section applies to a person of not less than 18 years of age who is suspected, with reasonable cause, by a member of the Garda S\u00edoch\u00e1na of committing, or of having committed, an offence under section 4.<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) a person to whom this section applies is arrested and brought to a Garda S\u00edoch\u00e1na station, and<\/p>\n<p>(b) he or she is a person whom the member of the Garda S\u00edoch\u00e1na in charge of the station is authorised by section 31 of the Criminal Procedure Act 1967 to release on bail,<\/p>\n<p>the member may, instead of releasing the person on bail, release him or her unconditionally F44[after\u2014<\/p>\n<p>(i) serving on the person personally a notice in the prescribed form stating the matters specified in section 23A(5) or causing it to be so served, or<\/p>\n<p>(ii) informing him or her that such notice will be served on him or her by post. ]<\/p>\n<p>(3) Where a person to whom this section applies is not arrested, the member of the Garda S\u00edoch\u00e1na referred to in subsection (1) may serve on the person personally or by post a notice in the prescribed form stating the matters specified in section 23A(5) or cause it to be so served.<\/p>\n<p>(4) On the service of a notice under subsection (2) or (3) the offence under section 4 is thereupon deemed to be a fixed charge offence, and subsections (5) to (10) of section 23A apply and have effect accordingly in relation to it.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F43<br \/>\nInserted (1.08.2006) by Criminal Justice Act 2006 (26\/2006), s. 184, S.I. No. 390 of 2006.<\/p>\n<p>F44<br \/>\nSubstituted (30.07.2008) by Intoxicating Liquor Act 2008 (17\/2008), s. 21, S.I. No. 286 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E31<br \/>\nFixed charge (\u20ac100) prescribed (10.09.2008) by Criminal Justice (Public Order) Act 1994 (Sections 23A and 23B) Regulations 2008 (S.I. No. 363 of 2008), reg. 2(2).<\/p>\n<p>E32<br \/>\nForm of notice prescribed (10.09.2008) by Criminal Justice (Public Order) Act 1994 (Sections 23A and 23B) Regulations 2008 (S.I. No. 363 of 2008), reg. 3(2) and sch.<\/p>\n<h4>Arrest without warrant.<\/h4>\n<p>24.\u2014(1) Where a member of the Garda S\u00edoch\u00e1na finds any person committing an offence under a relevant provision, the member may arrest such person without warrant.<\/p>\n<p>(2) Where a member of the Garda S\u00edoch\u00e1na is of the opinion that an offence has been committed under a relevant provision, the member may\u2014<\/p>\n<p>(a) 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<\/p>\n<p>(b) 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.<\/p>\n<p>(3) Any person who fails or refuses to give his name and address when demanded by virtue of subsection (2), or gives a name or address when so demanded which is false or misleading, shall be guilty of an offence.<\/p>\n<p>(4) A person guilty of an offence under subsection (3) shall be liable on summary conviction to a fine not exceeding F45[\u20ac1,000] or to a term of imprisonment not exceeding 6 months or to both.<\/p>\n<p>(5) In this section \u201crelevant provision\u201d means section 4, 6, 7, F46[8, 9A,] 11, 13, 14, 15, 16, 17, 18 or 19.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F45<br \/>\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(2) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>F46<br \/>\nSubstituted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24\/2023), s. 63(d), S.I. No. 525 of 2023, art. 3(g).<\/p>\n<h4>Continuance of existing powers of Garda S\u00edoch\u00e1na.<\/h4>\n<p>25.\u2014Any power conferred on a member of the Garda S\u00edoch\u00e1na by this Act is without prejudice to any other power exercisable by such a member.<\/p>\n<p>Repeals.<\/p>\n<p>26.\u2014The Acts specified in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.<\/p>\n<h4>SCHEDULE<\/h4>\n<p>Enactments Repealed<\/p>\n<p>Section 26.<\/p>\n<p>Session and Chapter<\/p>\n<p>Short Title<\/p>\n<p>Extent of Repeal<\/p>\n<p>6 &amp; 7 Will. 4, c. 29<\/p>\n<p>Dublin Police Act, 1836<\/p>\n<p>Section 9.<\/p>\n<p>5 &amp; 6 Vict., c. 24<\/p>\n<p>Dublin Police Act, 1842<\/p>\n<p>Paragraph numbered 13 of section 14.<\/p>\n<p>13 &amp; 14 Vict., c. 92<\/p>\n<p>Summary Jurisdiction (Ireland) Act, 1851<\/p>\n<p>Paragraph numbered 3 of section 13.<\/p>\n<p>24 &amp; 25 Vict., c. 100<\/p>\n<p>Offences against the Person Act, 1861<\/p>\n<p>Section 38.<\/p>\n<p>34 &amp; 35 Vict., c. 112<\/p>\n<p>Prevention of Crimes Act, 1871<\/p>\n<p>Section 12.<\/p>\n<p>6 &amp; 7 Geo. 5, c. 50<\/p>\n<p>Larceny Act, 1916<\/p>\n<p>Sections 29 to 31.<\/p>\n<p>Acts Referred to<\/p>\n<p>Criminal Justice Act, 1951<\/p>\n<p>No. 2 of 1951<\/p>\n<p>Criminal Justice Act, 1960<\/p>\n<p>No. 27 of 1960<\/p>\n<p>Criminal Procedure Act, 1967<\/p>\n<p>No. 12 of 1967<\/p>\n<p>Defence Act, 1954<\/p>\n<p>No. 18 of 1954<\/p>\n<p>Offences against the State (Amendment) Act, 1940<\/p>\n<p>No. 2 of 1940<\/p>\n<p>Prevention of Crimes Act, 1871<\/p>\n<p>34 &amp; 35 Vict. c. 112<\/p>\n<p>Prisoners of War and Enemy Aliens Act, 1956<\/p>\n<p>No. 27 of 1956<\/p>\n<p>Prisons Acts, 1826 to 1980<\/p>\n<p>Vagrancy Act, 1824<\/p>\n<p>5 Geo. 4, c. 83<\/p>\n<h2>CRIMINAL JUSTICE (PUBLIC ORDER) ACT 2003<\/h2>\n<p>AN ACT TO ENABLE PERSONS CONVICTED OF AN OFFENCE UNDER CERTAIN PROVISIONS OF THE CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994 TO BE EXCLUDED FROM ENTERING LICENSED PREMISES OR PREMISES (INCLUDING A STALL OR VEHICLE) USED FOR THE SALE OF FOOD OR FROM AREAS IN THE VICINITY OF THOSE PREMISES; TO PROVIDE FOR THE CLOSURE OF SUCH PREMISES AT A SPECIFIED TIME OR FOR A SPECIFIED PERIOD WHERE NECESSARY IN THE INTERESTS OF THE PREVENTION OF DISORDER OR EXCESSIVE NOISE ARISING IN RELATION TO THOSE PREMISES; AND TO PROVIDE FOR CONNECTED MATTERS. [28th May, 2003]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>PART 1<\/p>\n<p>Preliminary And General<\/p>\n<p>Short title, collective citations and commencement.<\/p>\n<p>1.\u2014(1) This Act may be cited as the Criminal Justice (Public Order) Act 2003.<\/p>\n<p>(2) The Criminal Justice (Public Order) Act 1994 and this Act may be cited together as the Criminal Justice (Public Order) Acts 1994 and 2003.<\/p>\n<p>(3) The Licensing Acts 1833 to 2000 and this Act may be cited together as the Licensing Acts 1833 to 2003.<\/p>\n<p>(4) The Public Dance Halls Acts 1935 and 1997 and this Act may be cited together as the Public Dance Halls Acts 1935 to 2003.<\/p>\n<p>(5) The Gaming and Lotteries Acts 1956 to 1986 and this Act may be cited together as the Gaming and Lotteries Acts 1956 to 2003.<\/p>\n<p>(6) The Registration of Clubs Acts 1904 to 2000 and this Act may be cited together as the Registration of Clubs Acts 1904 to 2003.<\/p>\n<p>(7) This Act shall come into operation one month after its passing.<\/p>\n<h4>Interpretation.<\/h4>\n<p>2.\u2014(1) In this Act\u2014<\/p>\n<p>\u201ccatering premises\u201d means:<\/p>\n<p>(a) licensed premises,<\/p>\n<p>(b) food premises, or a food stall or food vehicle, within the meaning of the Food Hygiene Regulations 1950 to 1989;<\/p>\n<p>\u201cclosure order\u201d means an order under section 5 for the closure of catering premises and includes such an order as affirmed, varied or extended under this Act;<\/p>\n<p>\u201cclub\u201d means a club registered under the Registration of Clubs Acts 1904 to 2000;<\/p>\n<p>\u201clicensed premises\u201d means:<\/p>\n<p>(a) premises licensed for the sale of intoxicating liquor under the Licensing Acts 1833 to 2000,<\/p>\n<p>(b) premises licensed under the Public Dance Halls Act 1935 ,<\/p>\n<p>(c) premises licensed under the Gaming and Lotteries Acts 1956 to 1986,<\/p>\n<p>(d) a club;<\/p>\n<p>\u201clicensee\u201d means:<\/p>\n<p>(a) in relation to licensed premises (other than a club), the holder of the licence,<\/p>\n<p>(b) in relation to a club, every person entered in the register of clubs as an official or member of its committee of management or governing body at the material time, and<\/p>\n<p>(c) in relation to other catering premises, the registered proprietor (within the meaning of the Food Hygiene Regulations 1950 to 1989) of the premises;<\/p>\n<p>\u201cmanager\u201d means any person who works in catering premises in a capacity which gives him or her authority to close the premises;<\/p>\n<p>\u201cvicinity\u201d, in relation to catering premises, means land within a reasonable distance, not exceeding 100 metres, of the premises.<\/p>\n<p>(2) In this Act\u2014<\/p>\n<p>(a) a reference to a section is to a section of this Act,<\/p>\n<p>(b) a reference to a subsection is a reference to the subsection of the section in which the reference occurs, and<\/p>\n<p>(c) a reference to an enactment is a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).<\/p>\n<p>PART 2<\/p>\n<p>Exclusion Orders<\/p>\n<h4>Exclusion order.<\/h4>\n<p>3.\u2014(1) The District Court, on conviction of a person for an offence under section 4 , 5 , 6 , 7 , 8 or 9 of the Criminal Justice (Public Order) Act 1994 , may by order prohibit the person from entering or being in the vicinity of specified catering premises between such times, and during such a period, as the Court may specify.<\/p>\n<p>(2) Any period so specified shall not exceed 12 months and shall commence\u2014<\/p>\n<p>(a) in case the person has been sentenced to imprisonment or detention for the offence, on the date of his or her release therefrom, or<\/p>\n<p>(b) in any other case, on the date of the order.<\/p>\n<p>(3) The governor or other person in charge of the place where a person who is subject to an order under subsection (1) is serving a sentence shall inform the Commissioner of the Garda S\u00edoch\u00e1na of the date on which the person is to be released.<\/p>\n<p>(4) A person who, without reasonable excuse, does not comply with an order under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding \u20ac650 or imprisonment for a term not exceeding 3 months or both.<\/p>\n<p>(5) An appeal lies to the Circuit Court from an order under subsection (1).<\/p>\n<p>(6) In subsection (1) \u201coffence\u201d means an offence committed after the commencement of this Act.<\/p>\n<p>PART 3<\/p>\n<h4>Closure Orders<\/h4>\n<p>Application for closure order.<\/p>\n<p>4.\u2014(1) Subject to subsection (2), a member of the Garda S\u00edoch\u00e1na not below the rank of inspector may apply to the District Court for an order under section 5 (in this Act referred to as a \u201cclosure order\u201d) in respect of catering premises if in the member&#8217;s opinion\u2014<\/p>\n<p>(a) (i) there has been disorder either on the premises or in the vicinity of, and involving persons who were on, the premises, or<\/p>\n<p>(ii) noise emanating from the premises, or emanating from the vicinity of the premises and caused by persons who were on the premises, has been so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause for annoyance to persons in that vicinity,<\/p>\n<p>and<\/p>\n<p>(b) such disorder or noise is likely to recur.<\/p>\n<p>(2) An application for a closure order shall not be made unless a member of the Garda S\u00edoch\u00e1na has served, either personally or by registered post, a notice in writing\u2014<\/p>\n<p>(a) stating that in the member&#8217;s opinion disorder or noise as mentioned in subsection (1) has occurred, and<\/p>\n<p>(b) requesting the licensee to take such action within the licensee&#8217;s control as is necessary to prevent, as far as possible, a recurrence of the disorder or noise within such reasonable period after service of the notice, not being more than 7 days, as may be specified therein.<\/p>\n<p>(3) The application shall be on notice to the licensee or manager of the catering premises concerned.<\/p>\n<p>Closure order.<\/p>\n<p>5.\u2014(1) If on an application under section 4 the District Court is satisfied\u2014<\/p>\n<p>(a) that disorder or noise as referred to in subsection (1) of that section has occurred and is likely to recur, and<\/p>\n<p>(b) that the making of a closure order is necessary to prevent a recurrence of the disorder or noise,<\/p>\n<p>the Court shall make a closure order in respect of the catering premises concerned.<\/p>\n<p>(2) A closure order shall order the closure of catering premises\u2014<\/p>\n<p>(a) at a specified time or between specified times on a specified day or days during a specified period, or<\/p>\n<p>(b) for a period\u2014<\/p>\n<p>(i) not exceeding 7 days in the case of the first such order, or<\/p>\n<p>(ii) not less than 7 and not exceeding 30 days in the case of a second or subsequent order.<\/p>\n<p>(3) On making a closure order the Court may, having regard to the particular circumstances of the case, order that the licensee shall, within a specified period, comply with specified requirements in relation to the catering premises concerned, including, as appropriate, a requirement to install a closed circuit television system, restrict the type of substances to be sold or limit the number of persons to be admitted.<\/p>\n<p>(4) A person who, without reasonable excuse, does not comply with an order under subsection (3) is guilty of an offence and liable on summary conviction to a fine not exceeding \u20ac650 or imprisonment for a term not exceeding 3 months or both.<\/p>\n<p>(5) In determining whether to make a closure order the Court may take into account any conduct of the licensee or a manager or other person employed by the licensee in relation to the operation of the premises concerned.<\/p>\n<p>(6) A closure order\u2014<\/p>\n<p>(a) may apply to the whole or part of catering premises,<\/p>\n<p>(b) shall specify the ground or grounds for making it, and<\/p>\n<p>(c) shall come into force when written notice of its making is given by a member of the Garda S\u00edoch\u00e1na to the licensee or manager of the premises concerned.<\/p>\n<p>(7) While a closure order is in force, a notice specifying the closure times or the period of closure under the order and the grounds for making it shall be affixed by the licensee to the exterior of the premises concerned in a conspicuous place.<\/p>\n<p>(8) No employee who is working in the premises to which a closure order applies shall be disadvantaged in his or her employment by reason of the order or during the period of closure under it.<\/p>\n<p>(9) The reference in subsection (8) to an employee is a reference to either a full-time employee or a part-time employee within the meaning of the Protection of Employees (Part-Time Work) Act 2001 .<\/p>\n<p>(10) A person who contravenes subsection (7) is guilty of an offence and liable on summary conviction to a fine not exceeding\u2014<\/p>\n<p>(a) for a first offence, \u20ac300, or<\/p>\n<p>(b) for a second or subsequent offence, \u20ac600.<\/p>\n<h4>Appeals.<\/h4>\n<p>6.\u2014(1) An appeal to the Circuit Court against a closure order shall not affect the operation of the order unless the Court, within 7 days from the date of the order, makes an order suspending its operation pending the hearing of the appeal.<\/p>\n<p>(2) On the hearing of the appeal the Circuit Court may\u2014<\/p>\n<p>(a) affirm, revoke or vary the order concerned, and<\/p>\n<p>(b) make such other order (if any) in relation to the premises as it considers just.<\/p>\n<p>Extension of closure order.<\/p>\n<p>7.\u2014(1) Before the end of the period during which a closure order is in force, a member of the Garda S\u00edoch\u00e1na not below the rank of inspector may apply to the District Court for an order extending the closure order.<\/p>\n<p>(2) On such an application the Court may, if satisfied that an order extending the closure order is necessary to prevent a recurrence of the disorder or noise concerned, by order extend the closure order, with any such variation in its terms as it considers appropriate, for a further period.<\/p>\n<h4>Breach of closure order.<\/h4>\n<p>8.\u2014(1) A person who permits catering premises to be open for business in contravention of a closure order is guilty of an offence and liable to a fine not exceeding \u20ac3,000 or imprisonment for a term not exceeding 6 months or both.<\/p>\n<p>(2) Any person who is on catering premises, without reasonable excuse, while there is a closure order in force in respect of the premises is guilty of an offence, unless the person shows that section 5 (7) in relation to affixing a notice to the exterior of the premises was not complied with.<\/p>\n<p>(3) A person who\u2014<\/p>\n<p>(a) is requested to leave catering premises for the purpose of enabling compliance with a closure order, and<\/p>\n<p>(b) without reasonable excuse, does not do so,<\/p>\n<p>is guilty of an offence.<\/p>\n<p>(4) A person who is guilty of an offence under subsection (2) or (3) is liable on summary conviction to a fine of not less than \u20ac70 and not more than \u20ac125.<\/p>\n<h4>Liability for offences by bodies corporate and unincorporated.<\/h4>\n<p>9.\u2014(1) Where\u2014<\/p>\n<p>(a) an offence under this Part has been committed by a body corporate, and<\/p>\n<p>(b) the offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a person who was either\u2014<\/p>\n<p>(i) a director, manager, secretary or other officer of the body corporate, or<\/p>\n<p>(ii) a person purporting to act in any such capacity,<\/p>\n<p>the person, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.<\/p>\n<p>(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member&#8217;s functions of management as if he or she were a director or manager of the body corporate.<\/p>\n<p>(3) The foregoing provisions apply, with the necessary modifications, in relation to offences under this Part committed by an unincorporated body.<\/p>\n<h4>Jurisdiction.<\/h4>\n<p>10.\u2014The jurisdiction of the District and Circuit Court under this Part shall be exercised by the judge for the time being assigned\u2014<\/p>\n<p>(a) in the case of the District Court, to the district court district in which\u2014<\/p>\n<p>(i) in the case of a food stall or food vehicle, the stall or vehicle is used for the sale of food or is kept when not being so used, or<\/p>\n<p>(ii) in the case of any other catering premises, the premises are situated,<\/p>\n<p>and<\/p>\n<p>(b) in the case of the Circuit Court, to the circuit in which is situated the courthouse in which the order appealed against was made.<\/p>\n<h2>CRIMINAL JUSTICE (PUBLIC ORDER) ACT 2011<\/h2>\n<p>AN ACT TO PROHIBIT HARRASSMENT OR INTIMIDATION OF MEMBERS OF THE PUBLIC BY PERSONS WHO ENGAGE IN BEGGING; TO CONFER POWER ON MEMBERS OF THE GARDA S\u00cdOCH\u00c1NA TO GIVE DIRECTIONS TO PERSONS TO DESIST FROM BEGGING, IN CERTAIN CIRCUMSTANCES; TO PROHIBIT THE DIRECTION OR ORGANISATION OF BEGGING BY OTHERS; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.<\/p>\n<p>[2nd February, 2011]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<h4>Interpretation.<\/h4>\n<p>1.\u2014 (1) In this Act\u2014<\/p>\n<p>\u201cAct of 1994\u201d means the Criminal Justice (Public Order) Act 1994 ;<\/p>\n<p>\u201cdwelling\u201d has the same meaning as it has in Part II of the Act of 1994;<\/p>\n<p>\u201cenactment\u201d has the same meaning as it has in the Interpretation Act 2005 ;<\/p>\n<p>\u201cprivate place\u201d has the same meaning as it has in Part II of the Act of 1994.<\/p>\n<p>(2) For the purposes of this Act, a person begs if\u2014<\/p>\n<p>(a) other than in accordance with a licence, permit or authorisation (howsoever described) granted by or under an enactment, he or she requests or solicits money or goods from another person or other persons, or<\/p>\n<p>(b) while in a private place without the consent of the owner or occupier of the private place, he or she requests or solicits money or goods from another person or other persons.<\/p>\n<h4>Offence.<\/h4>\n<p>2.\u2014 A person who, while begging in any place\u2014<\/p>\n<p>(a) harasses, intimidates, assaults or threatens any other person or persons, or<\/p>\n<p>(b) obstructs the passage of persons or vehicles,<\/p>\n<p>is guilty of an offence and is liable, on summary conviction, to a class E fine or imprisonment for a term not exceeding one month or both.<\/p>\n<h4>Power of member of Garda S\u00edoch\u00e1na to give directions.<\/h4>\n<p>3.\u2014 (1) A member of the Garda S\u00edoch\u00e1na may direct a person who is begging in any place and whom the member believes, upon reasonable grounds, to be acting or to have acted in a manner that\u2014<\/p>\n<p>(a) constitutes an offence under section 2 , or<\/p>\n<p>(b) gives rise to a reasonable apprehension for the safety of persons or property or for the maintenance of the public peace,<\/p>\n<p>to desist from acting in such manner and to leave the vicinity of that place in a peaceable and orderly manner.<\/p>\n<p>(2) A member of the Garda S\u00edoch\u00e1na may direct a person who is begging at or near\u2014<\/p>\n<p>(a) the entrance to a dwelling,<\/p>\n<p>(b) an automated teller machine,<\/p>\n<p>(c) a vending machine, or<\/p>\n<p>(d) a night safe,<\/p>\n<p>to desist from begging and to leave the vicinity of that place in a peaceable and orderly manner.<\/p>\n<p>(3) A member of the Garda S\u00edoch\u00e1na may direct a person who is begging at or near the entrance to a business premises, at any time when that premises is open for the transaction of business with members of the public, to desist from begging and to leave the vicinity of that place in a peaceable and orderly manner, if the member has reasonable grounds for believing that, by reason of the person\u2019s behaviour or the number of persons begging at or near the premises, members of the public are being, or are likely to be, deterred from entering the premises.<\/p>\n<p>(4) A member of the Garda S\u00edoch\u00e1na may direct a person (other than the owner or occupier of the place subsequently referred to in this subsection) who is begging in a private place to desist from begging and to leave that place and the vicinity thereof in a peaceable and orderly manner.<\/p>\n<p>(5) A person who contravenes a direction under this section is guilty of an offence and is liable, on summary conviction, to a class E fine.<\/p>\n<p>(6) A member of the Garda S\u00edoch\u00e1na shall, upon giving a direction under this section, inform the person to whom the direction is given, in clear language, that if he or she fails to comply with the direction he or she shall be guilty of an offence.<\/p>\n<p>(7) A member of the Garda S\u00edoch\u00e1na shall not perform functions under this section while in a dwelling unless he or she is in the dwelling with the consent of the owner or occupier of the dwelling.<\/p>\n<p>(8) This section shall not operate to limit the right of the owner or occupier of a private place to require a person who is begging at that place to\u2014<\/p>\n<p>(a) desist from begging, or<\/p>\n<p>(b) leave that place.<\/p>\n<p>(9) In this section\u2014<\/p>\n<p>\u201cautomated teller machine\u201d means a machine designed to enable a person, by means of the use of a cash card, credit card or debit card, to\u2014<\/p>\n<p>(a) withdraw cash from, or lodge cash to, an account (including a bank account), or<\/p>\n<p>(b) conduct other personal financial transactions;<\/p>\n<p>\u201cbusiness premises\u201d means a premises that is normally used for\u2014<\/p>\n<p>(a) the carrying on of any professional, commercial or industrial undertaking, or<\/p>\n<p>(b) the provision of services to members of the public;<\/p>\n<p>\u201cnight safe\u201d means a device located on the external wall of a premises occupied by a bank or other financial services provider in which money, in whatever form, may be deposited by or on behalf of customers of that bank or financial services provider;<\/p>\n<p>\u201cvending machine\u201d means a machine designed to enable a person to purchase goods or services by means of\u2014<\/p>\n<p>(a) the use of a debit card or credit card, or<\/p>\n<p>(b) the deposit in the machine of money or tokens used as a substitute for money.<\/p>\n<h4>Power of arrest.<\/h4>\n<p>4.\u2014 (1) A member of the Garda S\u00edoch\u00e1na may arrest without warrant any person whom he or she suspects, upon reasonable grounds, of having committed an offence under section 2 or 3 .<\/p>\n<p>(2) A member of the Garda S\u00edoch\u00e1na may require a person whom he or she suspects of having committed an offence under section 2 or 3 to inform the member of his or her name and the address at which he or she resides.<\/p>\n<p>(3) A person who\u2014<\/p>\n<p>(a) fails or refuses to comply with a requirement under subsection (2), or<\/p>\n<p>(b) in purported compliance with such requirement, provides a member of the Garda S\u00edoch\u00e1na with information that is false or misleading in a material respect,<\/p>\n<p>is guilty of an offence and is liable, on summary conviction, to a class E fine.<\/p>\n<p>(4) A member of the Garda S\u00edoch\u00e1na shall not perform functions under subsection (1) while in a dwelling unless he or she is in the dwelling with the consent of the owner or occupier of the dwelling.<\/p>\n<p>(5) For the purposes of this section, a person resides at his or her main residence or, if he or she has no main residence, his or her usual place of abode or, if he or she has no usual place of abode, the place which he or she regularly visits.<\/p>\n<h4>Offence to direct or organise begging.<\/h4>\n<p>5.\u2014 (1) A person who\u2014<\/p>\n<p>(a) controls or directs the actions of another person for the purposes of begging,<\/p>\n<p>(b) organises or is materially involved in the organisation of begging by another person,<\/p>\n<p>(c) forces another person to beg, or<\/p>\n<p>(d) otherwise causes another person to beg,<\/p>\n<p>is guilty of an offence.<\/p>\n<p>(2) A person guilty of an offence under this section is liable\u2014<\/p>\n<p>(a) on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both, or<\/p>\n<p>(b) on conviction on indictment to a fine not exceeding \u20ac200,000 or imprisonment for a term not exceeding 5 years or both.<\/p>\n<h4>Offence to live off proceeds of begging.<\/h4>\n<p>6.\u2014 A person who derives a living, in whole or in part, from the proceeds of begging by another person and who, in relation to that person, commits an offence under section 5 or aids and abets the commission of such an offence is guilty of an offence and is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.<\/p>\n<p>Amendment of section 247 of Children Act 2001.<\/p>\n<p>7.\u2014 (1) Section 247 of the Act of 2001 is amended\u2014<\/p>\n<p>(a) in paragraph (a) of subsection (3), by the substitution of \u201c\u20ac750\u201d for \u201c\u00a3250\u201d, and<\/p>\n<p>(b) in paragraph (b) of that subsection, by the substitution of \u201c\u20ac1,500\u201d for \u201c\u00a3500\u201d.<\/p>\n<p>(2) Sections 5 and 6 are in addition to, and not in substitution for, section 247 of the Act of 2001.<\/p>\n<p>(3) In this section \u201cAct of 2001\u201d means the Children Act 2001 .<\/p>\n<h4>Short title and collective citation.<\/h4>\n<p>8.\u2014 (1) This Act may be cited as the Criminal Justice (Public Order) Act 2011.<\/p>\n<p>(2) The Criminal Justice (Public Order) Acts 1994 and 2003 and this Act may be cited together as the Criminal Justice (Public Order) Acts 1994 to 2011.<\/p>\n<p>S.I. No. 363\/2008 &#8211; Criminal Justice (Public Order) Act 1994 (Sections 23A and 23B) Regulations 2008<br \/>\nView SIAmendments<br \/>\nS.I. No. 363 of 2008<\/p>\n<h2>CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994 (SECTIONS 23A AND 23B) REGULATIONS 2008<\/h2>\n<p>Notice of the making of this Statutory Instrument was published in<\/p>\n<p>\u201cIris Oifigi\u00fail\u201d of 12th September, 2008.<\/p>\n<p>I, DERMOT AHERN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 23A(9) (inserted by section 184 of the Criminal Justice Act 2006 (No. 26 of 2006)) of the Criminal Justice (Public Order) Act 1994 (No. 2 of 1994), hereby make the following regulations:<\/p>\n<p>1. (1) These Regulations may be cited as the Criminal Justice (Public Order) Act 1994 (Sections 23A and 23B) Regulations 2008.<\/p>\n<p>(2) In these Regulations\u2014<\/p>\n<p>\u201cAct of 1994\u201d means the Criminal Justice (Public Order) Act 1994 (No. 2 of 1994);<\/p>\n<p>\u201cAct of 2008\u201d means the Intoxicating Liquor Act 2008 (No. 17 of 2008).<\/p>\n<p>2. The amount of\u2014<\/p>\n<p>(1) \u20ac140 is prescribed for the purposes of section 23A (as amended by section 20 of the Act of 2008) of the Act of 1994, and<\/p>\n<p>(2) \u20ac100 is prescribed for the purposes of section 23B (as amended by section 21 of the Act of 2008) of the Act of 1994.<\/p>\n<p>3. The form of notice set out in the Schedule is prescribed for the purposes of\u2014<\/p>\n<p>(1) Section 23A (as amended by section 20 of the Act of 2008) of the Act of 1994, and<\/p>\n<p>(2) Section 23B (as amended by section 21 of the Act of 2008) of the Act of 1994.<\/p>\n<p>Regulation 3.<\/p>\n<p>SCHEDULE<\/p>\n<p>Criminal Justice (Public Order) Act 1994<\/p>\n<p>Sections 23A and 23B<\/p>\n<p>Fixed Charge Notice<\/p>\n<p>Date &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;.(insert date)<\/p>\n<p>(insert name) &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;.<\/p>\n<p>(insert address) &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;.<\/p>\n<p>&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;<\/p>\n<p>It is alleged that you have committed an offence (specify offence) on (insert date) at (insert time) at (insert location).<\/p>\n<p>1. In respect of the offence alleged in this notice\u2014<\/p>\n<p>(a) you may, during the period of 28 days, beginning on the date of this notice, pay a fixed charge of \u20ac (insert amount), or<\/p>\n<p>(b) if you do not pay that fixed charge during that period, you may, beginning on the expiration of that period, during the further period of 28 days, pay a fixed charge of \u20ac (insert amount).<\/p>\n<p>2. A payment of a fixed charge under this notice must be accompanied by all of this notice, if payment is made in person or by post, or by quoting the reference number mentioned on it, if payment is allowed otherwise below, and in the manner stated below.<\/p>\n<p>3. You will not be prosecuted\u2014<\/p>\n<p>(a) during the period of 56 days from the date of this notice, or<\/p>\n<p>(b) at all, if the correct payment, in accordance with this notice, during that period, is made in respect of the offence specified in this notice.<\/p>\n<p>Manner of Payment<\/p>\n<p>(insert manner of payment and where payment is to be made)<\/p>\n<p>\/images\/ls<\/p>\n<p>GIVEN under my Official Seal,<\/p>\n<p>10 September 2008<\/p>\n<p>DERMOT AHERN<\/p>\n<p>Minister for Justice, Equality and Law Reform.<\/p>\n<h4>EXPLANATORY NOTE<\/h4>\n<p>(This note is not part of the Instrument and does not purport to be a legal interpretation.)<\/p>\n<p>Sections 23A and 23B of the Criminal Justice (Public Order) Act 1994 provide for the issue of fixed charge notices in respect of offences committed under section 5 (disorderly conduct in a public place) and section 4 (intoxication in a public place) of the Act.<\/p>\n<p>This instrument sets the levels of the fixed charges, \\u20ac140 and \\u20ac100 respectively, and the format of the fixed charge notice.<br \/>\nS.I. No. 266\/2009 &#8211; Criminal Justice (Public Order) Act 1994(Sections 23a and 23b) (Amendment) Regulations 2009<br \/>\nView SIAmendments<br \/>\nS.I. No. 266 of 2009<\/p>\n<h2>CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994(SECTIONS 23A AND 23B) (AMENDMENT) REGULATIONS 2009<\/h2>\n<p>Notice of the making of this Statutory Instrument was published in<\/p>\n<p>\u201cIris Oifigi\u00fail\u201d of 21st July, 2009.<\/p>\n<p>I, DERMOT AHERN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 23A(9) (inserted by section 184 of the Criminal Justice Act 2006 (No. 26 of 2006)) of the Criminal Justice (Public Order) Act 1994 (No. 2 of 1994), hereby make the following regulations:<\/p>\n<p>1. These Regulations may be cited as the Criminal Justice (Public Order) Act 1994 (Sections 23A and 23B) (Amendment) Regulations 2009.<\/p>\n<p>2. The Criminal Justice (Public Order) Act 1994 (Sections 23A and 23B) Regulations 2008 ( S.I. No. 363 of 2008 ) are amended by the substitution of the Schedule to these Regulations for the Schedule thereto.<\/p>\n<p>Regulation 2.<\/p>\n<p>SCHEDULE CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994<\/p>\n<p>SECTIONS 23A AND 23B<\/p>\n<p>FIXED CHARGE NOTICE<\/p>\n<p>Date &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230; (insert date)<\/p>\n<p>(insert name)&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;.<\/p>\n<p>(insert address)&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;.<\/p>\n<p>&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;..<\/p>\n<p>It is alleged that you have committed an offence (specify offence) on (insert date) at (insert time) at (insert location).<\/p>\n<p>1. In respect of the offence alleged in this notice\u2014<\/p>\n<p>(a) you may, during the period of 28 days, beginning on the date of this notice, pay a fixed charge of \u20ac (insert amount), or<\/p>\n<p>(b) if you do not pay that fixed charge during that period, you may,beginning on the expiration of that period, during the further period of 28 days, pay a fixed charge of \u20ac (insert amount).<\/p>\n<p>2. A payment of a fixed charge under this notice must be accompanied by all of this notice, if payment is made in person or by post, or by quoting thereference number mentioned on it, if payment is allowed otherwise below, and in the manner stated below.<\/p>\n<p>3. You will not be prosecuted\u2014<\/p>\n<p>(a) during the period of 56 days from the date of this notice, or<\/p>\n<p>(b) at all, if the correct payment, in accordance with this notice, during that period, is made in respect of the offence specified in this notice.<\/p>\n<p>Manner of Payment<\/p>\n<p>(insert manner of payment and where payment is to be made)<\/p>\n<p>Rialach\u00e1n 2.<\/p>\n<p>SCEIDEAL AN tACHT UM CHEARTAS COIRI\u00daIL (ORD POIBL\u00cd) 1994<\/p>\n<p>AILT 23A AGUS 23B<\/p>\n<p>F\u00d3GRA MUIREAR SEASTA<\/p>\n<p>D\u00e1ta&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;. (cuir isteach an d\u00e1ta)<\/p>\n<p>(cuir isteach an t-ainm)&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;.<\/p>\n<p>(cuir isteach an seoladh)&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;..<\/p>\n<p>&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;<\/p>\n<p>L\u00edomhna\u00edtear go ndearna t\u00fa cion (sonraigh an cion) ar (cuir isteach an d\u00e1ta) ag (cuir isteach an t-am) ag (cuir isteach an su\u00edomh).<\/p>\n<p>1. Maidir leis an gcion a l\u00edomhna\u00edtear san fhgra seo\u2014<\/p>\n<p>(a) f\u00e9adfaidh t\u00fa, le linn tr\u00e9imhse 28 l\u00e1, dar tosach d\u00e1ta an fhgra seo, muirear seasta \u20ac (cuir isteach an m\u00e9id) a \u00edoc, n<\/p>\n<p>(b) mura n-\u00edochfaidh t\u00fa an muirear seasta sin le linn na tr\u00e9imhse sin,f\u00e9adfaidh t\u00fa, le linn tr\u00e9imhse breise 28 l\u00e1, dar tosach deireadh na tr\u00e9imhse sin, muirear seasta \u20ac (cuir isteach an m\u00e9id) a \u00edoc.<\/p>\n<p>2. N\u00ed mr an fgra seo go l\u00e9ir a bheith i dteannta \u00edoca\u00edochta muirir sheasta faoin bhfgra seo, m\u00e1 dh\u00e9antar \u00edoca\u00edocht go pearsanta n leis an bpost n, m\u00e1 cheada\u00edtear \u00edoca\u00edocht ar bhealach eile th\u00edos, tr\u00edd an uimhir thagartha at\u00e1 luaite air a thabhairt, agus ar an modh at\u00e1 luaite th\u00edos.<\/p>\n<p>3. N\u00ed ionch\u00faiseofar th\u00fa\u2014<\/p>\n<p>(a) le linn na tr\u00e9imhse 56 l\u00e1 dh\u00e1ta an fhgra seo, n<\/p>\n<p>(b) ar chor ar bith, m\u00e1 dh\u00e9antar an \u00edoca\u00edocht cheart, de r\u00e9ir an fhgra seo, le linn na tr\u00e9imhse sin, i leith an chiona at\u00e1 sonraithe san fhgra seo.<\/p>\n<p>An Modh \u00cdoca\u00edochta<\/p>\n<p>(cuir isteach an modh \u00edoca\u00edochta agus c\u00e9n \u00e1it a nd\u00e9anfar an \u00edoca\u00edocht)<\/p>\n<p>\/images\/ls<\/p>\n<p>GIVEN under my Official Seal,<\/p>\n<p>10 July 2009<\/p>\n<p>DERMOT AHERN,<\/p>\n<p>Minister for Justice, Equality and Law Reform.<\/p>\n<h4>EXPLANATORY NOTE<\/h4>\n<p>(This note is not part of the Instrument and does not purport to be a legal interpretation.)<\/p>\n<p>Sections 23A and 23B of the Criminal Justice (Public Order) Act 1994 provide for the issue of fixed charge notices in respect of offences committed under section 5 (disorderly conduct in a public place) and section 4 (intoxication in a public place) of the Act.<\/p>\n<p>This instrument amends the Criminal Justice (Public Order) Act 1994 (Sections 23A and 23B) Regulations 2008 ( S.I. No. 363 of 2008 ) to provide for a bilingual fixed charge notice.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-1221\" data-postid=\"1221\" class=\"themify_builder_content themify_builder_content-1221 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Drunk and Disorderly It is an offence to be intoxicated in a public place to the extent that there is a reasonable apprehension that a person may endanger himself or others in the vicinity.\u00a0 A public place includes roadways, trains, vessels, busses, \u00a0recreational areas or other areas to which the public has access either by [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[65],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1221"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=1221"}],"version-history":[{"count":10,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1221\/revisions"}],"predecessor-version":[{"id":33490,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1221\/revisions\/33490"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1221"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1221"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1221"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}