Offences Against the State Act 1939

Unauthorised military exercises prohibited.

15

15.(1) Save as authorised by a Minister of State under this section, and subject to the exceptions hereinafter mentioned, it shall not be lawful for any assembly of persons to practise or to train or drill themselves in or be trained or drilled in the use of arms or the performance of military exercises, evolutions, or manoeuvres nor for any persons to meet together or assemble for the purpose of so practising or training or drilling or being trained or drilled.

(2) A Minister of State may at his discretion by order, subject to such limitations, qualifications and conditions as he shall think fit to impose and shall express in the order, authorise the members of any organisation to meet together and do such one or more of the following things as shall be specified in such order, that is to say, to practise or train or drill themselves in or be trained or drilled in the use of arms or the performance of military exercises, evolutions, or manoeuvres.

(3) If any person is present at or takes part in or gives instruction to or trains or drills an assembly of persons who without or otherwise than in accordance with an authorisation granted by a Minister of State under this section practise, or train or drill themselves in, or are trained or drilled in the use of arms or the performance of any military exercise, -evolution, or manoeuvre or who without or otherwise than in accordance with such authorisation have assembled or met together for the purpose of so practising, or training or drilling or being trained or drilled, such person shall be guilty of a misdemeanour and shall be liable on conviction thereof to imprisonment for a term not exceeding F7[15 years].

(4) This section shall not apply to any assembly of members of any military or police force lawfully maintained by the Government.

(5) In any prosecution under this section the burden of proof that any act was authorised under this section shall lie on the person prosecuted.

Annotations

Amendments:

F7

Substituted (24.09.1976) by Criminal Law Act 1976 (32/1976), s. 2(5), commenced on enactment, subject to transitional provisions in s. 16(2).

Modifications (not altering text):

C6

Assembly under subs. (4) excluded (3.09.1998) by Offences Against the State (Amendment) Act 1998 (39/1998), s. 12(4), commenced on enactment; continued in force annually, most recently for one year to 29 June 2026 as per s. 18(1) (25.06.2025) by Resolution of Dáil Éireann: Debates Volume 1069 No. 5, 25 June 2025, Offences against the State (Amendment) Act 1998 and Criminal Justice (Amendment) Act 2009: Motions, and (24.06.2025) by Resolution of Seanad Éireann: Debates Volume 306 No. 14, 24 June 2025, Offences against the State (Amendment) Act 1998 and Criminal Justice (Amendment) Act 2009: Motions.