Criminal Justice (Public Order) Act 1994

23B

F33 [ Application of section 23A in relation to offence under section 4 .

23B. (1) This section applies to a person of not less than 18 years of age who is suspected, with reasonable cause, by a member of the Garda S í och á na of committing, or of having committed, an offence under section 4 .

(2) Where

( a ) a person to whom this section applies is arrested and brought to a Garda S í och á na station, and

( b ) he or she is a person whom the member of the Garda S í och á na in charge of the station is authorised by section 31 of the Criminal Procedure Act 1967 to release on bail,

the member may, instead of releasing the person on bail, release him or her unconditionally F34 [ after

(i) serving on the person personally a notice in the prescribed form stating the matters specified in section 23A(5) or causing it to be so served, or

(ii) informing him or her that such notice will be served on him or her by post. ]

(3) Where a person to whom this section applies is not arrested, the member of the Garda S í och á na referred to in subsection (1) may serve on the person personally or by post a notice in the prescribed form stating the matters specified in section 23A(5) or cause it to be so served.

(4) On the service of a notice under subsection (2) or (3) the offence under section 4 is thereupon deemed to be a fixed charge offence, and subsections (5) to (10) of section 23A apply and have effect accordingly in relation to it. . ]

Annotations:

Amendments:

F33

Inserted (01.08.2006) by Criminal Justice Act 2006 (26/2006), s. 184, S.I. No. 390 of 2006.

F34

Substituted (30.07.2008) by Intoxicating Liquor Act 2008 (17/2008), s. 21, S.I. No. 286 of 2008.

Modifications (not altering text):

Editorial Notes:

E28

Fixed charge (€100) prescribed (10.09.2008) by Criminal Justice (Public Order) Act 1994 (Sections 23A and 23B) Regulations 2008 (S.I. No. 363 of 2008), reg. 2(2).

E29

Form of notice prescribed (10.09.2008) by Criminal Justice (Public Order) Act 1994 (Sections 23A and 23B) Regulations 2008 (S.I. No. 363 of 2008), reg. 3(2) and sch.