Defence Act 1954

Removal and arrest of offenders.

284

284. (1) If, in any area to which a bye-law relates, any person contravenes the bye-law,—

( a) an authorised officer may order that person to leave the area,

( b) if that person, on being so ordered, refuses or fails to leave the area,—

(i) he shall be guilty of an offence under this section, and

(ii) the authorised officer may either remove him from the area by force or without warrant arrest him.

(2) If any person is on a particular portion of a road, the use of which is restricted by a bye-law made under section 279, in contravention of the bye-law,—

( a) an authorised officer may order that person to leave that portion,

( b) if that person, on being so ordered, refuses or fails to leave that portion,—

(i) he shall be guilty of an offence under this section, and

(ii) the authorised officer may either remove him from that portion by force or without warrant arrest him.

(3) Every person guilty of an offence under this section shall be liable on summary conviction thereof to a fine not exceeding F369 [ 150 ] pounds.

(4) Where an authorised officer (not being a member of the Garda Síochána) arrests a person under this section, he shall, as soon as may be, deliver such person into the custody of a member of the Garda Síochána to be dealt with according to law.

Annotations:

Amendments:

F369

Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 31, commenced on enactment, subject to transitional provision in s. 16.