Criminal Justice Act 2006

184

Amendment of Criminal Justice (Public Order) Act 1994.

184.— The Criminal Justice (Public Order) Act 1994 is amended by the insertion of the following sections after section 23:

“Fixed charge offences.

23A.— (1) A member of the Garda Síochána 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 Síochána 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 Síochána 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 Síochána 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 Síochána 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 to a member of the Garda Síochána at a specified Garda Síochána station or to another specified person at a specified place the prescribed amount, or

(ii) within 28 days beginning on the expiration of that period, the person so pays 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),

( b) a member of the Garda Síochána or other specified person shall receive the payment, issue a receipt for it and retain it for payment or disposal in accordance with subsection (8)( b),

( 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.

(8) ( a) In proceedings against a person for a fixed charge offence it shall be presumed, until the contrary is shown, that the person did not make payment in accordance with subsections (5)( c) and (6).

( 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.

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 Síochána 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 Síochána station, and

( b) he or she is a person whom the member of the Garda Síochána 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 after 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.

(3) Where a person to whom this section applies is not arrested, the member of the Garda Síochána 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.”.