Criminal Justice (Public Order) Act 1994

Failure to comply with direction of member of Garda Síochána.

8

8. (1) Where a member of the Garda Síochána finds a person in a public place and suspects, with reasonable cause, that such person—

( a) is or has been acting in a manner contrary to the provisions of section 4 , 5 , 6 , 7 or 9 , or

( b) without lawful authority or reasonable excuse, is acting in a manner which consists of loitering in a public place in circumstances, which may include the company of other persons, that give rise to a reasonable apprehension for the safety of persons or the safety of property or for the maintenance of the public peace,

the member may direct the person so suspected to do either or both of the following, that is to say:

(i) desist from acting in such a manner, and

(ii) leave immediately the vicinity of the place concerned in a peaceable or orderly manner.

(2) It shall be an offence for any person, without lawful authority or reasonable excuse, to fail to comply with a direction given by a member of the Garda Síochána under this section.

(3) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding F7 [ 1,000 ] or to imprisonment for a term not exceeding 6 months or to both.

Annotations:

Amendments:

F7

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

Editorial Notes:

E9

Persons convicted of offence under section may be subject to restriction on movement orders as provided (2.10.2006) by Criminal Justice Act 2006 (26/2006), s. 101 and sch. 3 para. 1, S.I. No. 390 of 2006.

E10

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).