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2 1994

CRIMINAL JUSTICE (PUBLIC ORDER) ACT, 1994

PART II

Offences Relating to Public Order

Interpretation ( Part II ).

3. —In this Part, except where the context otherwise requires—

dwelling” includes a building, vehicle or vessel ordinarily used for habitation;

private place” means a place that is not a public place;

public place” includes—

(a) any highway,

(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,

(c) any cemetery or churchyard,

(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

(e) any train, vessel or vehicle used for the carriage of persons for reward.

Intoxication in public place.

4. —(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.

(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £100.

(3) Where a member of the Garda Síochána 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—

(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

(b) such member suspects, with reasonable cause, contains an intoxicating substance:

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 Síochána 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.

(4) In this section—

bottle or container” 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;

intoxicated” 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.

Disorderly conduct in public place.

5. —(1) It shall be an offence for any person in a public place to engage in offensive conduct—

(a) between the hours of 12 o'clock midnight and 7 o'clock in the morning next following, or

(b) at any other time, after having been requested by a member of the Garda Síochána to desist.

(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500.

(3) In this section “offensive conduct” 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.

Threatening, abusive or insulting behaviour in public place.

6. —(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.

(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding 3 months or to both.

Distribution or display in public place of material which is threatening, abusive, insulting or obscene.

7. —(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.

(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding 3 months or to both.

Failure to comply with direction of member of Garda Síochána.

8. —(1) Where a member of the Garda Síochána finds a person in a public place and suspects, with reasonable cause, that such person—

(a) is or has been acting in a manner contrary to the provisions of section 4 , 5 , 6 , 7 or 9 , or

(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,

the member may direct the person so suspected to do either or both of the following, that is to say:

(i) desist from acting in such a manner, and

(ii) leave immediately the vicinity of the place concerned in a peaceable or orderly manner.

(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 Síochána under this section.

(3) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding 6 months or to both.

Wilful obstruction.

9. —Any 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 £200.

Increase of penalty for common assault, etc.

10. —The Criminal Justice Act, 1951 , is hereby amended by the substitution for subsection (2) of section 11 of the following:

“(2) A person convicted of common assault or battery shall be liable to a fine not exceeding £1,000 or, at the discretion of the Court, imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.”.

Entering building, etc., with intent to commit an offence.

11. —(1) It shall be an offence for a person—

(a) to enter any building or the curtilage of any building or any part of such building or curtilage as a trespasser, or

(b) to be within the vicinity of any such building or curtilage or part of such building or curtilage for the purpose of trespassing thereon,

in circumstances giving rise to the reasonable inference that such entry or presence was with intent to commit an offence or with intent to unlawfully interfere with any property situate therein.

(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both.

Amendment of Vagrancy Act, 1824.

12. —Section 4 (as applied to Ireland by the Prevention of Crimes Act, 1871) of the Vagrancy Act, 1824, is hereby amended by the deletion of “every person being found in or upon any dwelling house, warehouse, coach-house, stable, or outhouse, or in any enclosed yard, garden or area, for any unlawful purpose;”.

Trespass on building, etc.

13. —(1) It shall be an offence for a person, without reasonable excuse, to trespass on any building or the curtilage thereof in such a manner as causes or is likely to cause fear in another person.

(2) (a) Where a member of the Garda Síochána finds a person in a place to which subsection (1) relates and suspects, with reasonable cause, that such person is or has been acting in a manner contrary to the provisions of that subsection, then the member may direct the person so suspected to do either or both of the following, that is to say:

(i) desist from acting in such a manner, and

(ii) leave immediately the vicinity of the place concerned in a peaceable or orderly manner.

(b) It shall be an offence for any person, without lawful authority or reasonable excuse, to fail to comply with a direction given by a member of the Garda Síochána under this section.

(3) (a) A person who is guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both.

(b) A person who is guilty of an offence under subsection (2) shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding 6 months or to both.

Riot.

14. —(1) Where—

(a) 12 or more persons who are present together at any place (whether that place is a public place or a private place or both) use or threaten to use unlawful violence for a common purpose, and

(b) the conduct of those persons, taken together, is such as would cause a person of reasonable firmness present at that place to fear for his or another person's safety,

then, each of the persons using unlawful violence for the common purpose shall be guilty of the offence of riot.

(2) For the purposes of this section—

(a) it shall be immaterial whether or not the 12 or more persons use or threaten to use unlawful violence simultaneously at any place;

(b) the common purpose may be inferred from conduct;

(c) no person of reasonable firmness need actually be, or be likely to be, present at that place.

(3) A person guilty of an offence of riot shall be liable on conviction on indictment to a fine or to imprisonment for a term not exceeding 10 years or to both.

(4) The common law offence of riot is hereby abolished.

Violent disorder.

15. —(1) Where—

(a) three or more persons who are present together at any place (whether that place is a public place or a private place or both) use or threaten to use unlawful violence, and

(b) the conduct of those persons, taken together, is such as would cause a person of reasonable firmness present at that place to fear for his or another person's safety,

then, each of the persons using or threatening to use unlawful violence shall be guilty of the offence of violent disorder.

(2) For the purposes of this section—

(a) it shall be immaterial whether or not the three or more persons use or threaten to use unlawful violence simultaneously;

(b) no person of reasonable firmness need actually be, or be likely to be, present at that place.

(3) A person shall not be convicted of the offence of violent disorder unless the person intends to use or threaten to use violence or is aware that his conduct may be violent or threaten violence.

(4) A person guilty of an offence of violent disorder shall be liable on conviction on indictment to a fine or to imprisonment for a term not exceeding 10 years or to both.

(5) A reference, however expressed, in any enactment passed before the commencement of this Act—

(a) to the common law offence of riot, or

(b) to the common law offence of riot and to tumult,

shall be construed as a reference to the offence of violent disorder.

(6) The common law offence of rout and the common law offence of unlawful assembly are hereby abolished.

Affray.

16. —(1) Where—

(a) two or more persons at any place (whether that place is a public place or a private place or both) use or threaten to use violence towards each other, and

(b) the violence so used or threatened by one of those persons is unlawful, and

(c) the conduct of those persons taken together is such as would cause a person of reasonable firmness present at that place to fear for his or another person's safety,

then, each such person who uses or threatens to use unlawful violence shall be guilty of the offence of affray.

(2) For the purposes of this section—

(a) a threat cannot be made by words alone;

(b) no person of reasonable firmness need actually be, or be likely to be, present at the place where the use or threat of violence occurred.

(3) A person shall not be convicted of the offence of affray unless the person intends to use or threaten to use violence or is aware that his conduct may be violent or threaten violence.

(4) A person guilty of an offence of affray shall be liable—

(a) on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding 12 months or to both,

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or to both.

(5) The common law offence of affray is hereby abolished.

Blackmail, extortion and demanding money with menaces.

17. —(1) It shall be an offence for any person who, with a view to gain for himself or another or with intent to cause loss to another, makes any unwarranted demand with menaces.

(2) For the purposes of this section—

(a) a demand with menaces shall be unwarranted unless the person making it does so in the belief—

(i) that he has reasonable grounds for making the demand, and

(ii) that the use of the menaces is a proper means of reinforcing the demand;

(b) the nature of the act or omission demanded shall be immaterial and it shall also be immaterial whether or not the menaces relate to action to be taken by the person making the demand.

(3) A person guilty of an offence under this section shall be liable—

(a) on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both,

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 14 years or to both.

Assault with intent to cause bodily harm or commit indictable offence.

18. —(1) Any person who assaults any person with intent to cause bodily harm or to commit an indictable offence shall be guilty of an offence.

(2) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both,

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or to both.

Assault or obstruction of peace officer.

19. —(1) Any person who—

(a) assaults a peace officer acting in the execution of the peace officer's duty, knowing that he is, or being reckless as to whether he is, a peace officer acting in the execution of his duty, or

(b) assaults any other person acting in the aid of a peace officer, or

(c) assaults any other person with intent to resist or prevent the lawful apprehension or detention of himself or any other person for any offence,

shall be guilty of an offence.

(2) A person guilty of an offence under subsection (1) shall be liable—

(a) having elected for summary disposal of the offence, on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months, or to both,

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or to both.

(3) Any person who resists or wilfully obstructs a peace officer acting in the execution of his duty or a person assisting a peace officer in the execution of his duty, knowing that he is or being reckless as to whether he is, a peace officer acting in the execution of his duty, shall be guilty of an offence.

(4) A person guilty of an offence under subsection (3) shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding 6 months or to both.

(5) The provisions of this section are in addition to and not in substitution of any provision in any other enactment relating to assault or obstruction of a peace officer.

(6) In this section—

peace officer” means a member of the Garda Síochána, a prison officer or a member of the Defence Forces;

prison” means any place for which rules or regulations may be made under the Prisons Acts, 1826 to 1980, section 7 of the Offences against the State (Amendment) Act, 1940 , section 233 of the Defence Act, 1954 , section 2 of the Prisoners of War and Enemy Aliens Act, 1956 , or section 13 of the Criminal Justice Act, 1960 ;

prison officer” includes any member of the staff of a prison and any person having the custody of, or having duties in relation to the custody of, a person detained in prison.