Criminal Justice (Public Order) Act 1994

Intoxication in public place.

4

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.

(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding F1 [ 500 ].

(3) Where a member of the Garda Síochána suspects, with reasonable cause, that an offence under this section or under section 5 or 6 is being committed, the member concerned may seize, obtain or remove, without warrant, any bottle or container, together with its contents, which—

( a) is in the possession, in a place other than a place used as a dwelling, of a person by whom such member suspects the offence to have been committed, and

( b) such member suspects, with reasonable cause, contains an intoxicating substance:

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.

(4) In this section—

F2 [ bottle or container means a bottle or container irrespective of whether

( a ) the bottle or container is opened or unopened, and

( b ) any or all of the contents of the bottle or container have been or are being consumed,

and includes the contents of the bottle or container, but does not include a bottle or container for a substance which is in the possession of the person concerned for a purpose other than the intoxication of that or any other person; ]

intoxicated” means under the intoxicating influence of any alcoholic drink, drug, solvent or other substance or a combination of substances and cognate words shall be construed accordingly.

Annotations:

Amendments:

F1

Substituted (30.07.2008) by Intoxicating Liquor Act 2008 (17/2008), s. 22 and sch. 2, S.I. No. 286 of 2008.

F2

Substituted (30.07.2008) by Intoxicating Liquor Act 2008 (17/2008), s. 18, S.I. No. 286 of 2008.

Editorial Notes:

E3

Persons convicted of offence under section may be subject to exclusion order as provided (28.06.2003) by Criminal Justice (Public Order) Act 2003 (16/2003), s. 3(1), commenced as per s. 1(7).