Criminal Justice (Public Order) Act 1994

Trespass on building, etc.

13

13.—(1) It shall be an offence for a person, without reasonable excuse, to trespass on any building or the curtilage thereof in such a manner as causes or is likely to cause fear in another person.

(2) (a) Where a member of the Garda Síochána finds a person in a place to which subsection (1) relates and suspects, with reasonable cause, that such person is or has been acting in a manner contrary to the provisions of that subsection, then 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.

(b) 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) A person who is guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding F13[€2,500] or to imprisonment for a term not exceeding 12 months or to both.

(b) A person who is guilty of an offence under subsection (2) shall be liable on summary conviction to a fine not exceeding F14[€1,000] or to imprisonment for a term not exceeding 6 months or to both.

Annotations

Amendments:

F13

Substituted (30.07.2008) by Intoxicating Liquor Act 2008 (17/2008), s. 22 and sch. 2, S.I. No. 286 of 2008. A fine of €2,500 translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.

F14

Substituted (30.07.2008) by Intoxicating Liquor Act 2008 (17/2008), s. 22 and sch. 2, S.I. No. 286 of 2008. A fine of €1,000 translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(3) and table ref. no. 1, S.I. No. 662 of 2010.

Editorial Notes:

E15

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.