Criminal Justice (Public Order) Act 1994


Number 2 of 1994


CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994

REVISED

Updated to 14 August 2017


This Revised Act is an administrative consolidation of the Criminal Justice (Public Order) Act 1994. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, and all statutory instruments up to and including Criminal Justice Act 2017 (Commencement) Order 2017 (S.I. No. 359 of 2017), made 31 July 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 2 of 1994


CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994

REVISED

Updated to 14 August 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Criminal Justice (Public Order) Acts 1994 to 2014 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Local Government Reform Act 2014 (1/2014), s. 1(11)). The Acts in this group are:

Criminal Justice (Public Order) Act 1994 (2/1994)

Criminal Justice (Public Order) Act 2003 (16/2003)

Criminal Justice (Public Order) Act 2011 (5/2011)

Local Government Reform Act 2014 (1/2014), s. 1(11) and the amendment to Criminal Justice (Public Order) Act 1994 provided for in s. 5(6) and sch. 2 part 6

Vagrancy Acts 1824 to 1994 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Criminal Justice (Public Order) Act 1994 (2/1994), s. 1(2). The Acts in this group are:

Vagrancy Act 1824 (5 Geo. 4. c. 83), as applied to Ireland by Prevention of Crimes Act 1871 (34 & 35 Vict. c. 112), s. 15

Housing Act 1988 (28/1988), s. 28

Criminal Justice (Public Order) Act 1994 (2/1994), s. 12

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1994, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Criminal Justice Act 2017 (14/2017)

Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016)

Local Government Reform Act 2014 (1/2014)

Education and Training Boards Act 2013 (11/2013)

Taxi Regulation Act 2013 (37/2013)

Intoxicating Liquor Act 2008 (17/2008)

Criminal Justice Act 2007 (29/2007)

Prisons Act 2007 (10/2007)

Criminal Justice Act 2006 (26/2006)

Criminal Justice (Public Order) Act 2003 (16/2003)

Housing (Miscellaneous Provisions) Act 2002 (9/2002)

Criminal Justice (Theft and Fraud Offences) Act 2001 (50/2001)

Bail Act 1997 (16/1997)

All Acts up to and including National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011)

Criminal Justice (Public Order) Act 1994 (Sections 23A and 23B) (Amendment) Regulations 2009 (S.I. No. 266 of 2009)

Criminal Justice (Public Order) Act 1994 (Sections 23A and 23B) Regulations 2008 (S.I. No. 363 of 2008)

All statutory instruments up to and including Criminal Justice Act 2017 (Commencement) Order 2017 (S.I. No. 359 of 2017), made 31 July 2017, were considered in the preparation of this revision.

Number 2 of 1994


CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994

REVISED

Updated to 14 August 2017


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

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.

4A.

Extension of custody of intoxicated person by An Garda Síochána for reasons of safety.

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.

8A.

Power to direct persons who are in possession of intoxicating substances, etc.

8B.

Power of entry for purposes of section 8A, etc.

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 IIA

Offences Relating to Entering and Occupying Land Without Consent

19A.

Interpretation ( Part IIA).

19B.

Extent of application ( Part IIA), etc.

19C.

Entry on and occupation of land or bringing onto or placing an object on land without consent.

19D.

Refusing or failing to give name or address or failure to comply with direction.

19E.

Arrest without warrant.

19F.

Removal, storage and disposal of object.

19G.

Penalties and proceedings.

19H.

Jurisdiction of District Court.

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.

23A.

Fixed charge offences.

23B.

Application of section 23A in relation to offence under section 4.

24.

Arrest without warrant.

25.

Continuance of existing powers of Garda Síochána.

26.

Repeals.

SCHEDULE

Enactments Repealed


Number 2 of 1994


CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994

REVISED

Updated to 14 August 2017


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. [3 rd March, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Editorial Notes:

E1

A number of instruments refer to offences under this Act as disqualifying or potentially disqualifying offences, or as otherwise meriting certain treatment. They are:

Housing (Sale of Local Authority Houses) Regulations 2015 (S.I. No. 484 of 2015), reg. 7

Taxi Regulation Act 2013 (37/2013), ss. 30, 31 and sch. part 2 item 2

Housing (Incremental Purchase) Regulations 2010 (S.I. No. 252 of 2010), reg. 6

Criminal Justice Act 2007 (29/2007), ss. 25, 26 and sch. 2 para. 10

E2

Conviction of certain offences under ss. 4-8, 8A(4), 9 and ss. 14-19 excluded from exemption from disclosure by National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (47/2012), s. 14A and sch. 3 as inserted (29.04.2016) by Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), ss. 21, 29, S.I. No. 215 of 2016.