{"id":1637,"date":"2021-08-02T22:19:41","date_gmt":"2021-08-02T22:19:41","guid":{"rendered":"http:\/\/legalblog.ie\/?p=1637"},"modified":"2024-03-18T22:57:40","modified_gmt":"2024-03-18T22:57:40","slug":"public-order","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/public-order\/","title":{"rendered":"Agressive Begging"},"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\/public-order\/#Begging\" title=\"Begging\">Begging<\/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\/public-order\/#Organiser_and_Controller\" title=\"Organiser and Controller\">Organiser and Controller<\/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\/public-order\/#Directions_by_Garda\" title=\"Directions by Garda\">Directions by Garda<\/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\/public-order\/#Premises\" title=\"Premises\">Premises<\/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\/public-order\/#Arrest\" title=\"Arrest\">Arrest<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/public-order\/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-7\" href=\"https:\/\/legalblog.ie\/public-order\/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-8\" href=\"https:\/\/legalblog.ie\/public-order\/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-9\" href=\"https:\/\/legalblog.ie\/public-order\/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-10\" href=\"https:\/\/legalblog.ie\/public-order\/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-11\" href=\"https:\/\/legalblog.ie\/public-order\/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-12\" href=\"https:\/\/legalblog.ie\/public-order\/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-13\" href=\"https:\/\/legalblog.ie\/public-order\/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-14\" href=\"https:\/\/legalblog.ie\/public-order\/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-15\" href=\"https:\/\/legalblog.ie\/public-order\/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-16\" href=\"https:\/\/legalblog.ie\/public-order\/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-17\" href=\"https:\/\/legalblog.ie\/public-order\/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-18\" href=\"https:\/\/legalblog.ie\/public-order\/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-19\" href=\"https:\/\/legalblog.ie\/public-order\/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-20\" href=\"https:\/\/legalblog.ie\/public-order\/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-21\" href=\"https:\/\/legalblog.ie\/public-order\/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-22\" href=\"https:\/\/legalblog.ie\/public-order\/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-23\" href=\"https:\/\/legalblog.ie\/public-order\/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-24\" href=\"https:\/\/legalblog.ie\/public-order\/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-25\" href=\"https:\/\/legalblog.ie\/public-order\/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-26\" href=\"https:\/\/legalblog.ie\/public-order\/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-27\" href=\"https:\/\/legalblog.ie\/public-order\/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-28\" href=\"https:\/\/legalblog.ie\/public-order\/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-29\" href=\"https:\/\/legalblog.ie\/public-order\/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-30\" href=\"https:\/\/legalblog.ie\/public-order\/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-31\" href=\"https:\/\/legalblog.ie\/public-order\/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-32\" href=\"https:\/\/legalblog.ie\/public-order\/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-33\" href=\"https:\/\/legalblog.ie\/public-order\/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-34\" href=\"https:\/\/legalblog.ie\/public-order\/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-35\" href=\"https:\/\/legalblog.ie\/public-order\/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-36\" href=\"https:\/\/legalblog.ie\/public-order\/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-37\" href=\"https:\/\/legalblog.ie\/public-order\/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-38\" href=\"https:\/\/legalblog.ie\/public-order\/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-39\" href=\"https:\/\/legalblog.ie\/public-order\/2\/#I\" title=\"I\">I<\/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\/public-order\/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-41\" href=\"https:\/\/legalblog.ie\/public-order\/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-42\" href=\"https:\/\/legalblog.ie\/public-order\/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-43\" href=\"https:\/\/legalblog.ie\/public-order\/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-44\" href=\"https:\/\/legalblog.ie\/public-order\/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-45\" href=\"https:\/\/legalblog.ie\/public-order\/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-46\" href=\"https:\/\/legalblog.ie\/public-order\/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-47\" href=\"https:\/\/legalblog.ie\/public-order\/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-48\" href=\"https:\/\/legalblog.ie\/public-order\/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-49\" href=\"https:\/\/legalblog.ie\/public-order\/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-50\" href=\"https:\/\/legalblog.ie\/public-order\/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-51\" href=\"https:\/\/legalblog.ie\/public-order\/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-52\" href=\"https:\/\/legalblog.ie\/public-order\/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-53\" href=\"https:\/\/legalblog.ie\/public-order\/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-54\" href=\"https:\/\/legalblog.ie\/public-order\/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-55\" href=\"https:\/\/legalblog.ie\/public-order\/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-56\" href=\"https:\/\/legalblog.ie\/public-order\/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-57\" href=\"https:\/\/legalblog.ie\/public-order\/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-58\" href=\"https:\/\/legalblog.ie\/public-order\/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-59\" href=\"https:\/\/legalblog.ie\/public-order\/2\/#Short_title_and_collective_citation\" title=\"Short title and collective citation.\">Short title and collective citation.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Begging\"><\/span>Begging<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Criminal Justice (Public Order) Act 2011 makes provision to prohibit harassment or intimidation of members of the \u00a0public by persons engaged in begging.\u00a0 It gives powers o the Garda Siochana to give directions to desist from begging in certain circumstances.<\/p>\n<p>A person begs if without lawful authority he\/she requests or solicits money or goods from another person\/persons and does not offer money in consideration therefore.\u00a0 Alternatively, a person begs if either in a private place without consent of the owner or occupier, he requests or solicits money from another without offering goods money or services in return.<\/p>\n<p>The person who while begging in a place harasses, intimidates, assaults or threatens another person, obstructs the passage of persons or vehicles is guilty of an offence.\u00a0 He is liable on summary conviction to a fine of \u20ac200 or imprisonment of up to one month or both.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Organiser_and_Controller\"><\/span>Organiser and Controller<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person who-<\/p>\n<ul>\n<li>controls or directs the actions of another person for the purposes of begging,<\/li>\n<li>organises or is materially involved in the organisation of begging by another person,<\/li>\n<li>forces another person to beg, or<\/li>\n<li>otherwise causes another person to beg,<\/li>\n<\/ul>\n<p>is guilty of an offence.\u00a0A person guilty of this offence\u00a0 is liable-<\/p>\n<ul>\n<li>on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both, or<\/li>\n<li>0n conviction on indictment to a fine not exceeding \u20ac200,000 or imprisonment for a term not exceeding 5 years or both.<\/li>\n<\/ul>\n<p>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<h3><span class=\"ez-toc-section\" id=\"Directions_by_Garda\"><\/span>Directions by Garda<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A member of an Garda Siochana may direct a person who is begging in any place and whom he believes upon reasonable grounds to be acting or to have acted in a manner that constitutes to an offence above or gives rise to a reasonable apprehension for the safety of persons or property or the maintenance of public peace to desist from acting in such manner and leave the vicinity in a peaceable and orderly manner.<\/p>\n<p>A member of an Garda Siochana may direct a person who is begging at or near the entrance of a dwelling, an automated teller machine or vending machine to desist from begging and leave the vicinity in a peaceful and orderly manner.<\/p>\n<p>A member of an Garda Siochana may direct a person who is begging at or near the entrance of business premises at the time when this is open for business to members of the public to desist from begging and leave the vicinity of that place in a peaceful and orderly manner if he has reasonable grounds for believing that the person&#8217;s behaviour or the number of persons begging at or near the premises are such that members of the public are being or are likely to be deterred from entering the premises.<\/p>\n<p>A member of an Garda Siochana may direct another person other than the owner or occupier of the place who is begging in a private place to desist from begging and leave that place and its vicinity in a peaceful manner. Failure to follow a direction given is an offence.\u00a0 The person guilty is liable to a fine of up to \u20ac300.<\/p>\n<p>A member of an Garda Siochana shall upon giving a direction inform the person to whom direction is given in clear language that if he fails to comply he is guilty of an offence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Premises\"><\/span>Premises<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A member of An Garda Siochana shall not perform functions under the provisions while in a dwelling unless he is in the dwelling with the consent of the owner or occupier.\u00a0 The provisions do not operate or limit the right of the owner or occupier of a private place.<\/p>\n<p>The provisions do not operate or limit the right of an owner or occupier to require a person begging or occupier of a private place to require a person who is begging at that place to desist from begging or leave that place.<\/p>\n<p>Business premises mean any premises used for professional, commercial, or industrial undertaking or provision of services to the public.\u00a0 Vending machines means any machine to enable a persons to purchase goods or services by means of coins, tokens, credit\/debit card.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Arrest\"><\/span>Arrest<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A member from Garda Siochana may arrest without warrant any person whom he\/she upon reasonable grounds is guilty of committing an offence above.\u00a0 He may require the person arrested to give his\/her name and the address at which he\/she resides.<\/p>\n<p>A person who fails or refuses to comply with the requirement or provides false or misleading information is guilty of an offence and is subject on summary conviction to a fine up to \u20ac200.<\/p>\n<p>&nbsp;<\/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<p>&nbsp;<\/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>I<\/h4>\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>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-1637\" data-postid=\"1637\" class=\"themify_builder_content themify_builder_content-1637 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Begging The Criminal Justice (Public Order) Act 2011 makes provision to prohibit harassment or intimidation of members of the \u00a0public by persons engaged in begging.\u00a0 It gives powers o the Garda Siochana to give directions to desist from begging in certain circumstances. A person begs if without lawful authority he\/she requests or solicits money or [&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\/1637"}],"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=1637"}],"version-history":[{"count":7,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1637\/revisions"}],"predecessor-version":[{"id":33494,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1637\/revisions\/33494"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1637"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1637"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1637"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}