Criminal Justice (Public Order) Act, 1994

Criminal Justice (Public Order) Act, 1994 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1994 Criminal Justice (Public Order) Act, 1994 Criminal Justice (Public Order) Act, 1994 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Print Full ActPriontáil an tAcht Iomlán Number 2 of 1994 CRIMINAL JUSTICE (PUBLIC ORDER) ACT, 1994 ARRANGEMENT OF SECTIONS

PART I

Preliminary and General Section

Section 1

Short title, collective citation and commencement..

Section 2

Interpretation (general)..

PART II

Offences Relating to Public Order

Section 3

Interpretation (Part II).

Section 4

Intoxication in public place..

Section 5

Disorderly conduct in public place..

Section 6

Threatening, abusive or insulting behaviour in public place..

Section 7

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

Section 8

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

Section 9

Wilful obstruction..

Section 10

Increase of penalty for common assault, etc..

Section 11

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

Section 12

Amendment of Vagrancy Act, 1824..

Section 13

Trespass on building, etc..

Section 14

Riot..

Section 15

Violent disorder..

Section 16

Affray..

Section 17

Blackmail, extortion and demanding money with menaces.

Section 18

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

Section 19

Assault or obstruction of peace officer.

PART III

Crowd Control at Public Events

Section 20

Interpretation (Part III).

Section 21

Control of access to certain events, etc.

Section 22

Surrender and seizure of intoxicating liquor, etc.

PART IV

Miscellaneous and Repeals

Section 23

Prohibition of advertising of brothels and prostitution.

Section 24

Arrest without warrant.

Section 25

Continuance of existing powers of Garda Síochána.

Section 26

Repeals.

SCHEDULE Enactments Repealed Number 2 of 1994 CRIMINAL JUSTICE (PUBLIC ORDER) ACT, 1994 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 Short title, collective citation and commencement.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

PART III

Crowd Control at Public Events Interpretation (

Part III

).

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

Control of access to certain events, etc.

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.

Surrender and seizure of intoxicating liquor, etc.

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.

PART IV

Miscellaneous and Repeals Prohibition of advertising of brothels and prostitution.

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.

Arrest without warrant.

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.

Continuance of existing powers of Garda Síochána.

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.

Repeals.

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

SCHEDULE Enactments Repealed

Section 26

.

Session and Chapter Short Title Extent of Repeal 6 & 7 Will. 4, c. 29 Dublin Police Act, 1836

Section 9.

5 & 6 Vict., c. 24 Dublin Police Act, 1842 Paragraph numbered 13 of section 14.

13 & 14 Vict., c. 92 Summary Jurisdiction (Ireland) Act, 1851 Paragraph numbered 3 of section 13.

24 & 25 Vict., c. 100 Offences against the Person Act, 1861

Section 38.

34 & 35 Vict., c. 112 Prevention of Crimes Act, 1871

Section 12.

6 & 7 Geo. 5, c. 50 Larceny Act, 1916 Sections 29 to 31.

Acts Referred to Criminal Justice Act, 1951 No. 2 of 1951 Criminal Justice Act, 1960 No. 27 of 1960 Criminal Procedure Act, 1967 No. 12 of 1967 Defence Act, 1954 No. 18 of 1954 Offences against the State (Amendment) Act, 1940 No. 2 of 1940 Prevention of Crimes Act, 1871 34 & 35 Vict. c. 112 Prisoners of War and Enemy Aliens Act, 1956 No. 27 of 1956 Prisons Acts, 1826 to 1980 Vagrancy Act, 1824 5 Geo. 4, c. 83 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais