{"id":1224,"date":"2021-07-08T21:53:57","date_gmt":"2021-07-08T21:53:57","guid":{"rendered":"http:\/\/legalblog.ie\/?p=1224"},"modified":"2024-03-19T08:19:34","modified_gmt":"2024-03-19T08:19:34","slug":"violent-conduct","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/violent-conduct\/","title":{"rendered":"Riot &#038; Affray"},"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\/violent-conduct\/#12_People_Using_or_Threatening_Violence\" title=\"12+ People Using or Threatening Violence\">12+ People Using or Threatening Violence<\/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\/violent-conduct\/#3_People_Using_or_Threatening_Violence\" title=\"3+ People Using or Threatening Violence\">3+ People Using or Threatening Violence<\/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\/violent-conduct\/#2_People_Using_or_Threatening_Violence\" title=\"2+ People Using or Threatening Violence\">2+ People Using or Threatening Violence<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/violent-conduct\/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-5\" href=\"https:\/\/legalblog.ie\/violent-conduct\/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-6\" href=\"https:\/\/legalblog.ie\/violent-conduct\/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-7\" href=\"https:\/\/legalblog.ie\/violent-conduct\/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-8\" href=\"https:\/\/legalblog.ie\/violent-conduct\/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-9\" href=\"https:\/\/legalblog.ie\/violent-conduct\/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-10\" href=\"https:\/\/legalblog.ie\/violent-conduct\/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-11\" href=\"https:\/\/legalblog.ie\/violent-conduct\/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-12\" href=\"https:\/\/legalblog.ie\/violent-conduct\/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-13\" href=\"https:\/\/legalblog.ie\/violent-conduct\/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-14\" href=\"https:\/\/legalblog.ie\/violent-conduct\/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-15\" href=\"https:\/\/legalblog.ie\/violent-conduct\/2\/#Riot\" title=\"Riot.\">Riot.<\/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\/violent-conduct\/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-17\" href=\"https:\/\/legalblog.ie\/violent-conduct\/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-18\" href=\"https:\/\/legalblog.ie\/violent-conduct\/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-19\" href=\"https:\/\/legalblog.ie\/violent-conduct\/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-20\" href=\"https:\/\/legalblog.ie\/violent-conduct\/2\/#Assault_or_obstruction_of_peace_officer\" title=\"Assault or obstruction of peace officer.\">Assault or obstruction of peace officer.<\/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-21\" href=\"https:\/\/legalblog.ie\/violent-conduct\/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-22\" href=\"https:\/\/legalblog.ie\/violent-conduct\/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-23\" href=\"https:\/\/legalblog.ie\/violent-conduct\/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-24\" href=\"https:\/\/legalblog.ie\/violent-conduct\/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-25\" href=\"https:\/\/legalblog.ie\/violent-conduct\/2\/#Power_of_arrest\" title=\"Power of arrest.\">Power of arrest.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"12_People_Using_or_Threatening_Violence\"><\/span>12+ People Using or Threatening Violence<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;<\/p>\n<p>The punishment for conviction on indictment of the offence of riot is a fine and\/or 10 years&#8217; imprisonment.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"3_People_Using_or_Threatening_Violence\"><\/span>3+ People Using or Threatening Violence<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 has 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. 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 conduct, 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<h3><span class=\"ez-toc-section\" id=\"2_People_Using_or_Threatening_Violence\"><\/span>2+ People Using or Threatening Violence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>When two or more persons are present at a public or private place and use or threaten to use violence towards each other and the violence so caused or threatened by one is unlawful and the conduct taken together is such that it would cause a person of reasonable firmness to fear for his safety or that of another, then the person who uses or threatens unlawful violence is guilty of affray. \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 of up to \u20ac1,000 or 12 months\u2019 imprisonment or indictment, or imprisonment up to 5 years on conviction on indictment .<\/p>\n<p><!--nextpage--><\/p>\n<p>&nbsp;<\/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<p>&nbsp;<\/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>&nbsp;<\/p>\n<h4>Riot.<\/h4>\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>&nbsp;<\/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<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-1224\" data-postid=\"1224\" class=\"themify_builder_content themify_builder_content-1224 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>12+ People Using or Threatening Violence Where 12 or more persons who are present together in a public or private place or both) use or threaten to use unlawful violence for a common purpose and the conduct taken together is such that it would cause a person of reasonable firmness to fear for his safety, 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