No. 2/1994:

CRIMINAL JUSTICE (PUBLIC ORDER) ACT, 1994

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title, collective citation and commencement.

2 Interpretation (general).

PART II OFFENCES RELATING TO PUBLIC ORDER

3 Interpretation (Part II).

4 Intoxication in public place.

5 Disorderly conduct in public place.

6 Threatening, abusive or insulting behaviour in public place.

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

8 Failure to comply with direction of member of Garda Síochána.

9 Wilful obstruction.

10 Increase of penalty for common assault, etc.

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

12 Amendment of Vagrancy Act, 1824.

13 Trespass on building, etc.

14 Riot.

15 Violent disorder.

16 Affray.

17 Blackmail, extortion and demanding money with menaces.

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

19 Assault or obstruction of peace officer.

PART III CROWD CONTROL AT PUBLIC EVENTS

20 Interpretation (Part III).

21 Control of access to certain events, etc.

22 Surrender and seizure of intoxicating liquor, etc.

PART IV MISCELLANEOUS AND REPEALS

23 Prohibition of advertising of brothels and prostitution.

24 Arrest without warrant.

25 Continuance of existing powers of Garda Síochána.

26 Repeals.

SCHEDULE

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 SÍOCHÁNA 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]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I PRELIMINARY AND GENERAL

1.—(1) This Act may be cited as the Criminal Justice (Public Order) Act, 1994 .

(2) The Vagrancy Acts, 1824 and 1988, and section 12 may be cited together as the Vagrancy Acts, 1824 to 1994.

(3) This Act shall come into operation one month after its passing.

2.—(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.

(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.

PART II OFFENCES RELATING TO PUBLIC ORDER

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.

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.

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.

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.

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.

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.

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.

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.".

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.

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;".

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.

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.

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.

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.

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.

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.

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.

PART III CROWD CONTROL AT PUBLIC EVENTS

20.—In this Part—

"container" does not include a container for any medicinal product;

"disposable container" includes—

( a ) any bottle, can or other portable container or any part thereof (including any crushed or broken portable container or part thereof) for holding any drink which, when empty, is of a kind normally discarded or returned to, or left to be recovered by, the supplier, and

( b ) any crate or packaging designed to hold more than one such bottle, can or other portable container;

"event" has the meaning assigned to it by section 21 (1);

"intoxicating liquor" includes any container containing intoxicating liquor, whether or not a disposable container.

21.—(1) If it appears to a member of the Garda Síochána not below the rank of superintendent that it is necessary in the interests of safety or for the purpose of preserving order to restrict the access of persons to a place where an event is taking or is about to take place which attracts, or is likely to attract, a large assembly of persons (in this Part referred to as the "event"), he may authorise any member of the Garda Síochána to erect or cause to be erected a barrier or a series of barriers on any road, street, lane, alley or other means of access to such a place in a position not more than one mile therefrom for the purpose of regulating the access of persons or vehicles thereto.

(2) Where a barrier has been erected in accordance with subsection (1), a member of the Garda Síochána in uniform may by oral or manual direction or by the exhibition of any notice or sign, or any combination thereof—

( a ) divert persons generally or particularly and whether in or on vehicles or on foot to another means of access to the event, including a means of access to that event on foot only, or

( b ) where possession of a ticket is required for entrance to the event, prohibit a person whether in or on vehicles or on foot from crossing or passing the barrier towards the event where the person has no such ticket, or

( c ) indicate that to proceed beyond the barrier while in possession of any intoxicating liquor, disposable drinks container or offensive article will render such liquor, container or article liable to confiscation.

(3) A member of the Garda Síochána shall not prohibit a person from crossing or passing a barrier erected under this section save for the purpose of diverting the person to another means of access to the event, if it appears to the member that the person is seeking to do so for the purpose only of—

( a ) going to his dwelling or place of business or work in the vicinity of the event, or

( b ) going for any other lawful purpose to any place in the vicinity of the event other than the place where the event is taking place or is about to take place.

(4) A person who—

( a ) fails to obey a direction given by a member of the Garda Síochána under subsection (2) for the purposes of paragraph ( a ) or (b) thereof, or

( b ) fails to comply with the terms of a notice or sign exhibited under subsection (2) for the purposes of paragraph ( a ) or (b) thereof,

shall be guilty of an offence.

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

22.—(1) Where in relation to an event—

( a ) a barrier has been erected under section 21 and it appears to a member of the Garda Síochána that a person on foot or in a vehicle is seeking to cross or pass the barrier, or has crossed or passed the barrier, for the purpose of going to the place where the event is taking place or is about to take place, or

( b ) it appears to a member of the Garda Síochána that a person is about to enter, or has entered, the place where the event is taking place or is about to take place,

and the person has, or the member of the Garda Síochána suspects with reasonable cause that the person has, in his possession—

(i) any intoxicating liquor, or

(ii) any disposable container, or

(iii) any other article which, having regard to the circumstances or the nature of the event, could be used to cause injury,

the member may exercise any one or more of the following powers—

(I) search or cause to be searched that person or any vehicle in or on which he may be in order to ascertain whether he has with him any such liquor, container or other article,

(II) refuse to allow that person to proceed to the event or to proceed further, as the case may be, unless that person surrenders permanently to a member of the Garda Síochána as directed by the member such liquor, container or other article.

(2) Where a member of the Garda Síochána refuses to allow a person to proceed to the event or to proceed further by virtue of subsection (1) (II) and the person does not surrender the alcoholic liquor, disposable container or other article concerned, the member may require the person to leave the vicinity in an orderly and peaceful manner as directed by the member.

(3) A person who, without lawful authority or reasonable excuse, fails to comply with a requirement under subsection (2) shall be guilty of an offence.

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

PART IV MISCELLANEOUS AND REPEALS

23.—(1) A person who publishes or causes to be published or distributes or causes to be distributed an advertisement which advertises a brothel or the services of a prostitute in the State or any premises or service in the State in terms, circumstances or manner which gives rise to the reasonable inference that the premises is a brothel or that the service is one of prostitution shall be guilty of an offence.

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

( a ) on summary conviction to a fine not exceeding £1,000,

( b ) on conviction on indictment to a fine not exceeding £10,000.

(3) In any proceedings for an offence under subsection (1) it shall be a defence for the accused to show that he is a person whose business it is to publish or distribute or to arrange for the publication or distribution of advertisements and that he received the advertisement in question for publication or distribution in the ordinary course of business and did not know and had no reason to suspect that the advertisement related to a brothel or to the services of a prostitute.

(4) Where an offence under subsection (1) is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons and is proved to have been committed with the consent or approval of, or to have been attributable to any neglect on the part of, any person who, when the offence was committed, was a director, member of the committee of management or other controlling authority of the body concerned, or the manager, secretary or other officer of the body, or who was purporting to act in any such capacity, that person, as well as the body, shall be guilty of an offence and shall be liable to be proceeded against and punished as if that person were guilty of the first-mentioned offence.

(5) In this section—

"advertisement" includes every form of advertising or promotion, whether in a publication or by the display of notices or posters or by the means of circulars, leaflets, pamphlets or cards or other documents or by way of radio, television, computer monitor, telephone, facsimile transmission, photography or cinematography or other like means of communication;

"distribute" means distribute to the public or a section of the public and cognate words shall be construed accordingly;

"publish" means publish to the public or a section of the public and cognate words shall be construed accordingly.

24.—(1) Where a member of the Garda Síochána finds any person committing an offence under a relevant provision, the member may arrest such person without warrant.

(2) Where a member of the Garda Síochána is of the opinion that an offence has been committed under a relevant provision, the member may—

( 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

( 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.

(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.

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

(5) In this section "relevant provision" means section 4, 6, 7, 8, 11, 13, 14, 15, 16, 17, 18 or 19.

25.—Any power conferred on a member of the Garda Síochána by this Act is without prejudice to any other power exercisable by such a member.

26.—The Acts specified in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Section 26.

SCHEDULE

ENACTMENTS REPEALED

ACTS REFERRED TO