Criminal Justice (Public Order) Act 1994

23A

F31 [ Fixed charge offences.

23A. (1) A member of the Garda S í och á na who has reasonable grounds for believing that a person is committing, or has committed, an offence under section 5 (in this section referred to as a `fixed charge offence ) may serve on the person personally or by post the notice referred to in subsection (5) or cause it to be so served.

(2) A member of the Garda S í och á na may, for the purposes of subsection (1)

( a ) request the person concerned to give his or her name and address and to verify the information given, and

( b ) if not satisfied with the name and address or any verification given, request that the person accompany the member to a Garda S í och á na station for the purpose of confirming the person s name and address.

(3) A person who

( a ) does not give his or her name and address when requested to do so under subsection (2)(a) or gives a name or address that is false or misleading, or

( b ) does not comply with a request by a member of the Garda S í och á na under subsection (2)(b) ,

is guilty of an offence and is liable on summary conviction to a fine not exceeding 1,500.

(4) A member of the Garda S í och á na who is of opinion that a person is committing, or has committed, an offence under subsection (3) may arrest the person without warrant.

(5) The notice referred to in subsection (1) shall be in the prescribed form and shall state

( a ) that the person on whom it is served is alleged to have committed the fixed charge offence concerned,

( b ) when and where it is alleged to have been committed,

( c ) that a prosecution for it will not be instituted if

(i) during the period of 28 days beginning on the date of the notice, the person pays F32 [ in accordance with the notice ] the prescribed amount, or

(ii) within 28 days beginning on the expiration of that period, the person F32 [ pays in accordance with the notice ] an amount which is 50 per cent greater than the prescribed amount,

and

( d ) that in default of such payment the person will be prosecuted for the alleged offence.

(6) A payment referred to in subsection (5) shall be accompanied by the notice referred to in that subsection.

(7) Where a notice is served under subsection (1)

( a ) a person to whom the notice applies may make a payment in accordance with subsections (5)(c) and (6) ,

F32 [ ( b ) the payment shall be received in accordance with the notice and the person receiving the payment shall issue a receipt for it, ]

( c ) a payment so received shall not be recoverable by the person who made it, and

( d ) a prosecution in respect of the alleged fixed charge offence to which the notice relates shall not be instituted during the periods specified in subsection (5)(c) or, if a payment is made in accordance with that subsection and subsection (6) , at all.

F32 [ (8)( a ) In a prosecution for a fixed charge offence it shall be presumed until the contrary is shown that

(i) the relevant notice under this section has been served or caused to be served, and

(ii) a payment pursuant to the relevant notice under this section accompanied by the notice, duly completed (unless the notice provides for payment without the notice accompanying the payment), has not been made. ]

( b ) Payments so made shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs.

(9) ( a ) The Minister may make regulations prescribing anything which is referred to in this section as prescribed.

( b ) Different amounts may be prescribed for a fixed charge offence under this section and an offence under section 4 which is deemed by section 23B(4) to be a fixed charge offence.

( c ) Regulations made under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations.

(10) In this section

Minister means Minister for Justice, Equality and Law Reform;

person means a person of not less than 18 years of age. ]

Annotations:

Amendments:

F31

Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 184, S.I. No. 390 of 2006.

F32

Substituted (30.07.2008) by Intoxicating Liquor Act 2008 (17/2008), s. 20, S.I. No. 286 of 2008.

Modifications (not altering text):

C1

Functions under subs. (8)(b) transferred and Minister for and Department of Finance construed (20.09.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011), arts. 2,3, subject to transitional provisions in arts. 5-9.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under—

(a) the provisions of the enactments specified in the Schedule, and

...

are transferred to the Minister for Public Expenditure and Reform.

...

SCHEDULE

Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 2 of 1994

Criminal Justice (Public Order) Act 1994

Section 23A(8)(b)

...

...

...

Editorial Notes:

E26

Power pursuant to subs. (9) exercised (10.07.2009) by Criminal Justice (Public Order) Act 1994 (Sections 23A and 23B) (Amendment) Regulations 2009 (S.I. No. 266 of 2009).

E27

Power pursuant to subs. (9) exercised (10.09.2008) by Criminal Justice (Public Order) Act 1994 (Sections 23A and 23B) Regulations 2008 (S.I. No. 363 of 2008).