Criminal Justice (Public Order) Act 1994
Assault or obstruction of peace officer.
F25[19.—(1) Any person who assaults or threatens to assault—
(a) a person providing medical services at or in a hospital, or
(b) a person assisting such a person, or
(c) a peace officer acting in the execution of a peace officer’s duty, knowing that he or she is, or being reckless as to whether he or she is, a peace officer so acting, or
(d) any other person acting in aid of a peace officer, or
(e) any other person with intent to resist or prevent the lawful apprehension or detention of himself or herself or any other person for any offence,
shall be guilty of an offence. ]
(2) A person guilty of an offence under subsection (1) shall be liable—
(a) having elected for summary disposal of the offence, on summary conviction, to a fine not exceeding F26[€5,000] or to imprisonment for a term not exceeding 12 months, or to both,
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding F27[12 years] or to both.
F28[(3) Any person who resists or wilfully obstructs or impedes—
(a) a person providing medical services at or in a hospital, knowing that he or she is, or being reckless as to whether he or she is, a person providing medical services, or
(b) a person assisting such a person, or
(c) a peace officer acting in the execution of a peace officer’s duty, knowing that he or she is or being reckless as to whether he or she is, a peace officer so acting, or
(d) a person assisting a peace officer in the execution of his or her duty,
shall be guilty of an offence.]
(4) A person guilty of an offence under subsection (3) shall be liable on summary conviction to a fine not exceeding F29[€2,500] or to imprisonment for a term not exceeding 6 months or to both.
(5) The provisions of this section are in addition to and not in substitution of any provision in any other enactment relating to assault or obstruction of a peace officer.
(6) In this section—
F30[“hospital” includes the lands, buildings and premises connected with and used wholly or mainly for the purposes of a hospital; ]
F30[“medical services” means services provided by—
(a) doctors, dentists, psychiatrists, nurses, midwives, pharmacists, health and social care professionals (within the meaning of the Health and Social Care Professionals Act 2005) or other persons in the provision of treatment and care for persons at or in a hospital, or
(b) persons acting under direction of those persons;]
“peace officer” means a member of the Garda Síochána, a prison officer F31[, a member of the fire brigade, ambulance personnel] or a member of the Defence Forces;
“prison” means any place for which rules or regulations may be made under the Prisons Acts, 1826 to 1980, section 7 of the Offences against the State (Amendment) Act, 1940, section 233 of the Defence Act, 1954, section 2 of the Prisoners of War and Enemy Aliens Act, 1956, or section 13 of the Criminal Justice Act, 1960;
F32["prison officer" includes any member of the staff of a prison and any person having the custody of, or having duties relating to the custody of, a person in relation to whom an order of a court committing that person to a prison is for the time being in force;]
Annotations
Amendments:
F25
Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 185(a), S.I. No. 390 of 2006.
F26
Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2008), s. 185(d), S.I. No. 390 of 2006. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.
F27
Substituted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 63(b), S.I. No. 525 of 2023, art. 3(g).
F28
Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 185(c), S.I. No. 390 of 2006.
F29
Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 185(d), S.I. No. 390 of 2006. 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.
F30
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 185(e)(i), S.I. No. 390 of 2006.
F31
Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 185(e)(ii), S.I. No. 390 of 2006.
F32
Substituted (1.05.2007) by Prisons Act 2007 (10/2007), s. 41(4), S.I. No. 180 of 2007.
Editorial Notes:
E25
Offences under section to result in mandatory disqualification for holding of public service vehicle licence for certain periods as provided (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 30 and sch., S.I. No. 163 of 2014.
E26
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.
E27
Offences under section deemed “serious offences” for the purpose of refusal of bail (4.09.1998) by Bail Act 1997 (16/1997), ss. 1, 2 and sch. paras. 28, 29, 30, S.I. No. 315 of 1998.
E28
Previous affecting provision: subs. (2)(b) amended (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 185(b), S.I. No. 390 of 2006; substituted (1.11.2023) as per F-note above.