Criminal Justice (Public Order) Act , 1994

PART I Preliminary and General

1. Short title, collective citation and commencement.

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. Interpretation (general).

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. Interpretation (Part II).

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

F1["Act of 2024" means theCriminal Justice (Hate Offences) Act 2024;]

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

F1["hatred" has the meaning it has in section 2 of the Act of 2024;]

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

F1["protected characteristic" has the meaning it has in section 2 of the Act of 2024;]

“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.

3A. F2[Aggravation of certain offences by hatred.

3A.—(1) An offence committed by a person is aggravated by hatred for the purposes ofsections 6A,7A,11Aand18Aif—

(a) where there is a specific victim of the offence—

(i) at the time of committing the offence, or immediately before or after doing so, the person demonstrates hatred towards the victim, and

(ii) the hatred is on account of the victim’s membership or presumed membership of a group defined by reference to a protected characteristic,

or

(b) whether or not there is a specific victim of the offence, the offence is motivated (wholly or partly) by hatred towards a group of persons on account of the group being defined by reference to a protected characteristic.

(2) It is immaterial whether or not an accused person’s hatred is also on account (to any extent) of any other factor.

(3) In this section—

"membership", in relation to a group, includes association with members of the group;

"presumed" means presumed by the person who commits an offence undersection 6A,7A,11Aor18A, as may be appropriate.]

4. 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 F3[€500].

(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—

F4[“bottle or container”means a bottle or container irrespective of whether—

(a) the bottle or container is opened or unopened, and

(b) any or all of the contents of the bottle or container have been or are being consumed,

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;]

“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.

4A. F5[Extension of custody of intoxicated person by An Garda Síochána for reasons of safety

4A.—(1) (a) Where a person—

(i) is in custody in a Garda Síochána station having been arrested undersection 24or for the offence at common law of breach of the peace, and

(ii) is, but for this section, to be released from custody,

he or she may, if the member of the Garda Síochána for the time being in charge of the Garda Síochána 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 Síochána so in charge remains of that opinion.

(2) Where the member of the Garda Síochána for the time being in charge of the Garda Síochána station is of opinion that the person detained undersubsection (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.

(3) Nothing in this section shall affect the operation of section 15 of theCriminal Justice Act 1951(Proceedings on arrest) or section 53 of theChildren Act 2001(Duty of Garda Síochána in relation to certain under-age children).

(4) In this section "intoxicated " has the same meaning as it has insection 4.]

5. 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 F6[€1,000].

(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. 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 F7[€1,000] or to imprisonment for a term not exceeding 3 months or to both.

6A. F8[Threatening, abusive or insulting behaviour in public place aggravated by hatred.

6A.—(1) A person shall be guilty of an offence under this section if he or she commits an offence undersection 6which is aggravated by hatred for the purposes of this section.

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

(3) A person charged with an offence under this section may, if the evidence does not warrant conviction for an offence under this section, be found guilty of an offence undersection 6.]

7. 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 F9[€1,000] or to imprisonment for a term not exceeding 3 months or to both.

7A. F10[Distribution or display in public place of material which is threatening, abusive, insulting or obscene aggravated by hatred.

7A.—(1) A person shall be guilty of an offence under this section if he or she commits an offence undersection 7which is aggravated by hatred for the purposes of this section.

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

(3) A person charged with an offence under this section may, if the evidence does not warrant conviction for an offence under this section, be found guilty of an offence undersection 7.]

8. 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.

F11[(1A) Insubsection (1)(a), the reference to a person acting in a manner contrary to the provisions ofsection 6or7shall include a reference to a person acting in a manner contrary to the provisions of the section concerned when aggravated by hatred for the purposes ofsection 6Aor7A, as may be appropriate.]

(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 F12[€1,000] or to imprisonment for a term not exceeding 6 months or to both.

8A. F13[Power to direct persons who are in possession of intoxicating substances, etc.

8A.—(1) This section applies where a member of the Garda Síochána believes with reasonable cause that—

(a) a person is in a relevant place alone or accompanied by other persons,

(b) a bottle or container which contains an intoxicating substance is in the possession of the relevant person, and

(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—

(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

(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’s or persons’peaceful possession and enjoyment by that other person or persons of his or her, or their, as the case may be, property.

(2) Where this section applies, the member may—

(a) seek an explanation from the relevant person as to all or any of the matters to which the relevant belief relates, and

(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:

(i) request the relevant person to immediately give the bottle or container to the member (or to another member of the Garda Síochána 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);

(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;

(iii) direct the relevant person and, if appropriate, some or all of the accompanying persons, to desist from acting in the manner referred to inparagraph (c)ofsubsection (1);

(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;

(v) request the relevant person to provide the member with his or her name and address.

(3) Where—

(a) a person fails or refuses to comply with a request made by the member undersubparagraph (i)or(v)ofparagraph (b)ofsubsection (2),

(b) a person fails or refuses to comply with a direction given by the member undersubparagraph (iii)or(iv)ofparagraph (b)ofsubsection (2), or

(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 undersubparagraph (v)ofparagraph (b)ofsubsection (2), is false or misleading,

the member may arrest such person without warrant.

(4) A person who—

(a) fails or refuses to comply with a request made by the member undersubparagraph (i)or(v)ofparagraph (b)ofsubsection (2), or

(b) in purported compliance with a request made by the member undersubparagraph (v)ofparagraph (b)ofsubsection (2), provides to the member a name or address which is false or misleading,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding€500.

(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 undersubparagraph (iii)or(iv)ofparagraph (b)ofsubsection (2).

(6) A person who is guilty of an offence undersubsection (5)shall be liable on summary conviction to a fine not exceeding€1,000.

(7) Where the member or another member of the Garda Síochána has been given, or has seized, detained and removed, a bottle or container pursuant to this section, the member shall—

(a) dispose of the bottle or container in such manner as he or she considers appropriate, and

(b) make and retain, or cause to be made and retained, a record in writing of the manner, date and place of such disposal.

(8) Nothing in this section shall prejudice the operation of the other provisions of this Act or of theCriminal Justice (Public Order) Act 2003.

(9) In this section—

"bottle or container" means a bottle or container irrespective of whether—

(a) the bottle or container is opened or unopened, and

(b) any or all of the contents of the bottle or container have been or are being consumed,

and includes the contents of the bottle or container;

"relevant belief", in relation to a member of the Garda Síochána, means the belief referred to insubsection (1)of the member;

"relevant person" means the person first-mentioned inparagraph (a)ofsubsection (1);

"relevant place" means a place other than a place used as a private dwelling.]

8B.. F14[Power of entry for purposes of section 8A, etc.

8B.—A member of the Garda Síochána may enter without warrant a place other than a place used as a private dwelling if the member has reasonable grounds for believing that—

(a) the matters specified inparagraphs (a), (b)and(c)ofsubsection (1)ofsection 8A, or

(b) the matters specified inparagraphs (a), (b)and(c)ofsubsection (1)ofsection 37A(inserted bysection 14of theIntoxicating Liquor Act 2008),

are occurring in such place.]

9. 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 F15[€400].

9A. F16[Failure to comply with direction of member of Garda Síochána with regard to court proceedings

9A.—(1) Where a member of the Garda Síochána 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—

(a) without lawful authority or reasonable excuse wilfully interfering with or obstructing—

(i) the conduct of the proceedings, or

(ii) witnesses or other persons connected with the proceedings, or

(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:

(i) desist from acting in such a manner;