Criminal Justice (Public Order) Act 1994

F8 [ Power to direct persons who are in possession of intoxicating substances, etc.

8A.

8A. (1) This section applies where a member of the Garda S í och á na believes with reasonable cause that

( a ) a person is in a relevant place alone or accompanied by other persons,

( b ) a bottle or container which contains an intoxicating substance is in the possession of the relevant person, and

( c ) the relevant person is acting in that place, or the relevant person and some or all of the accompanying persons are acting in that place, in a manner that

(i) gives rise to a reasonable apprehension for the safety of persons or the safety of property or for the maintenance of the public peace, or

(ii) is causing, or gives rise to a reasonable apprehension is likely to cause, annoyance and nuisance to another person or persons or interference with that other person s or persons peaceful possession and enjoyment by that other person or persons of his or her, or their, as the case may be, property.

(2) Where this section applies, the member may

( a ) seek an explanation from the relevant person as to all or any of the matters to which the relevant belief relates, and

( b ) do one or more of the following, if the relevant person fails or refuses to give such an explanation or if such an explanation is given, and in either case the member remains of the relevant belief:

(i) request the relevant person to immediately give the bottle or container to the member (or to another member of the Garda S í och á na accompanying the member) and at the same time as the request is made give to the relevant person a warning in ordinary language that a failure or refusal to comply with the request may lead to the seizure of the bottle or container or to his or her arrest or to both (or words to the like effect);

(ii) if the relevant person fails or refuses to comply with the request, seize, detain and remove, without warrant, the bottle or container with the use, if necessary, of such force as is reasonable in the circumstances;

(iii) direct the relevant person and, if appropriate, some or all of the accompanying persons, to desist from acting in the manner referred to in paragraph (c) of subsection (1) ;

(iv) direct the relevant person and, if appropriate, some or all of the accompanying persons, to leave immediately the place in a peaceable or orderly manner;

(v) request the relevant person to provide the member with his or her name and address.

(3) Where

( a ) a person fails or refuses to comply with a request made by the member under subparagraph (i) or (v) of paragraph (b) of subsection (2) ,

( b ) a person fails or refuses to comply with a direction given by the member under subparagraph (iii) or (iv) of paragraph (b) of subsection (2) , or

( c ) the member has reasonable grounds for believing that the name or address provided to the member, in compliance with a request made by the member under subparagraph (v) of paragraph (b) of subsection (2) , is false or misleading,

the member may arrest such person without warrant.

(4) A person who

( a ) fails or refuses to comply with a request made by the member under subparagraph (i) or (v) of paragraph (b) of subsection (2) , or

( b ) in purported compliance with a request made by the member under subparagraph (v) of paragraph (b) of subsection (2) , provides to the member a name or address which is false or misleading,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding 500.

(5) It shall be an offence for any person, without lawful authority or reasonable excuse, to fail to comply with a direction given by the member under subparagraph (iii) or (iv) of paragraph (b) of subsection (2) .

(6) A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding 1,000.

(7) Where the member or another member of the Garda S í och á na has been given, or has seized, detained and removed, a bottle or container pursuant to this section, the member shall

( a ) dispose of the bottle or container in such manner as he or she considers appropriate, and

( b ) make and retain, or cause to be made and retained, a record in writing of the manner, date and place of such disposal.

(8) Nothing in this section shall prejudice the operation of the other provisions of this Act or of the Criminal Justice (Public Order) Act 2003 .

(9) In this section

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;

relevant belief , in relation to a member of the Garda S í och á na, means the belief referred to in subsection (1) of the member;

relevant person means the person first-mentioned in paragraph (a) of subsection (1) ;

relevant place means a place other than a place used as a private dwelling. ]