Criminal Justice (Public Order) Act 1994

Number 2 of 1994

CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994

REVISED

Updated to 1 November 2023

This Revised Act is an administrative consolidation of the Criminal Justice (Public Order) Act 1994. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Screening of Third Country Transactions Act 2023 (28/2023), enacted 31 October 2023, and all statutory instruments up to and including the Criminal Justice (Miscellaneous Provisions) Act 2023 (Commencement) (No. 2) Order 2023 (S.I. No. 525 of 2023), made 31 October 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 2 of 1994

CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994

REVISED

Updated to 1 November 2023

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section
1.	Short title, collective citation and commencement.
2.	Interpretation (general).

PART II

Offences Relating to Public Order

3.	Interpretation (Part II).
4.	Intoxication in public place.
4A.	Extension of custody of intoxicated person by An Garda Síochána for reasons of safety.
5.	Disorderly conduct in public place.
6.	Threatening, abusive or insulting behaviour in public place.
7.	Distribution or display in public place of material which is threatening, abusive, insulting or obscene.
8.	Failure to comply with direction of member of Garda Síochána.
8A.	Power to direct persons who are in possession of intoxicating substances, etc.
8B.	Power of entry for purposes of section 8A, etc.
9.	Wilful obstruction.
9A.	Failure to comply with direction of member of Garda Síochána with regard to court proceedings.
10.	Increase of penalty for common assault, etc.
11.	Entering building, etc., with intent to commit an offence.
12.	Amendment of Vagrancy Act, 1824.
13.	Trespass on building, etc.
14.	Riot.
15.	Violent disorder.
16.	Affray.
17.	Blackmail, extortion and demanding money with menaces.
18.	Assault with intent to cause bodily harm or commit indictable offence.
19.	Assault or obstruction of peace officer.

PART IIA

Offences Relating to Entering and Occupying Land Without Consent

19A.	Interpretation (Part IIA).
19B.	Extent of application (Part IIA), etc.
19C.	Entry on and occupation of land or bringing onto or placing an object on land without consent.
19D.	Refusing or failing to give name or address or failure to comply with direction.
19E.	Arrest without warrant.
19F.	Removal, storage and disposal of object.
19G.	Penalties and proceedings.
19H.	Jurisdiction of District Court.

PART III

Crowd Control at Public Events

20.	Interpretation (Part III).
21.	Control of access to certain events, etc.
22.	Surrender and seizure of intoxicating liquor, etc.

PART IV

Miscellaneous and Repeals

23.	Prohibition of advertising of brothels and prostitution.
23A.	Fixed charge offences.
23B.	Application of section 23A in relation to offence under section 4.
24.	Arrest without warrant.
25.	Continuance of existing powers of Garda Síochána.
26.	Repeals.

SCHEDULE

Enactments Repealed

Number 2 of 1994

CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994

REVISED

Updated to 1 November 2023

AN ACT TO ABOLISH CERTAIN COMMON LAW OFFENCES RELATING TO PUBLIC ORDER AND TO PROVIDE CERTAIN STATUTORY OFFENCES RELATING TO PUBLIC ORDER IN LIEU THEREOF, TO PROVIDE FOR ADDITIONAL POWERS OF CROWD CONTROL BY MEMBERS OF THE GARDA SÍOCHÁNA IN, OR OF CONTROL BY SUCH MEMBERS OF ACCESS TO, THE VICINITY OF CERTAIN EVENTS AND TO PROVIDE FOR OFFENCES RELATING THERETO, TO PROVIDE FOR OTHER MATTERS RELATING TO PUBLIC ORDER AND TO FINES AND TERMS OF IMPRISONMENT IN RESPECT OF CERTAIN OFFENCES AND FOR THOSE AND OTHER PURPOSES TO AMEND THE CRIMINAL LAW AND ADMINISTRATION. [3rd March, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Editorial Notes:

Conviction of certain offences under ss. 4-8, 8A(4), 9 and ss. 14-19 excluded from exemption from disclosure by National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (47/2012), s. 14A and sch. 3 as inserted (29.04.2016) by Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), ss. 21, 29, S.I. No. 215 of 2016.

Sentences imposed for certain offences under ss. 4-8, 8A, 9 may be excluded from limitation of single offence to qualify for being regarded as spent, as provided (29.04.2016) by Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), s. 5(3), (5), S.I. No. 215 of 2016.

A number of instruments refer to offences under this Act as disqualifying or potentially disqualifying offences, or as otherwise meriting certain treatment. They are:

• Housing (Sale of Local Authority Houses) Regulations 2015 (S.I. No. 484 of 2015), reg. 7

• Taxi Regulation Act 2013 (37/2013), ss. 30, 31 and sch. part 2 item 2

• Housing (Incremental Purchase) Regulations 2010 (S.I. No. 252 of 2010), reg. 6

• Criminal Justice Act 2007 (29/2007), ss. 25, 26 and sch. 2 para. 10

Revised Acts

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Criminal Justice (Public Order) Act 1994