CURRENT LEGAL ARTICLES

In Criminal Law, any widespread criminal and political violence disturbs public order. The Criminal Justice (Public Order) Act of 1994 governs those Public Order Offences. In some cases, the Public Order Act 2003 added a penalty to be excluded from premises for up to a year.

The Public Order Act 1994 defines “public place” as any highway, outdoor area, or even a cemetery or churchyard, as well as any premises or place to which the public is permitted to have access and any train or vehicle used to carry persons for reward (e.g., taxi, bus).

The 1994 Act defines different offences related to Public Order, such as public drunkenness. As it is a violation of Section 4 of the statute, there is a penalty for being intoxicated in a public space, which is a fixed fine of €100 or the maximum class E fine of €500 if the Garda decides to prosecute you for the offence and you are convicted. The fine classes range from €5,000 (A) to €500 (E).

But other Public Order Charges are mentioned with their penalty and fine in the Public Order Act 1994. At Green & Associates Solicitors, we assist you with any public order offence you may have committed and provide a solid defence for your case. We can also help if you have suffered from one of those charges. More about our services: Criminal Law

Disorderly conduct in a public place. Pursuant to Section 5 of the Public Order Act 1994, it is an offence for any person to engage in offensive conduct between midnight and 7 o’clock or whenever the Garda requires it. Offensive conduct is an unreasonable behaviour likely to cause a serious offence or annoyance to any person who is or should be reasonably expected to be aware of such behaviour. If you are convicted for this offence, a fixed fine of €140 will be imposed, or a maximum penalty class D fine if you are prosecuted.

Threatening and abusive behaviour is an offence under Section 6 and implies an intent to provoke a breach of the peace or that they breach the peace by being reckless. Threats, abusive behaviour, and insults are included in that offence, and a class D fine is reserved if you are convicted, or up to 3 months of imprisonment, or both.

Also, a person found guilty of begging in an intimidating or threatening manner is liable on summary conviction to a class E fine, imprisonment up to one month, or both. Since organising or directing someone else to beg is also an offence, you can be liable to a class A fine, up to a year in prison, or both if you are convicted.

Similarly, you can be charged when distributing or displaying threatening, abusive, insulting or obscene material in a public place under Section 7. A class D fine reprimands this offence, prison up to 3 months, or both.

Pursuant to Section 16, affray is when two or more people use or threaten to use unlawful violence towards one another, causing a reasonable person to fear for their safety. If you commit this offence, you will be charged a maximum penalty of an unlimited fine or a term of imprisonment for up to five years, or both in some cases.

Blackmail, extortion and demanding money with menaces are prohibited under Section 17. Menace is defined by the court as being “liberally construed and not limited to threats of violence but should include threats of any action detrimental to or unpleasant to the person addressed”. The penalty for this offence is an unlimited fine, a prison sentence of up to 14 years, or both. 

Any assault is also forbidden by Section 18 and Section 19 concerning assault or obstruction of peace officers who are members of the Garda, prison officers, fire brigade, ambulance personnel and Defence Forces. The penalty for a person convicted pursuant to Section 18 is an unlimited fine, a term of imprisonment up to 5 years, or both. Whilst pursuant to Section 19, the person convicted faces a maximum penalty of an unlimited fine, 7 years of imprisonment, or both.

Wilful obstruction, meaning where someone willfully prevents or interrupts the free passage of any person or vehicle in any public place, is another of the Public Order charges under Section 9. This offence is reprimanded by a fine of up to €400.

Entering a building with the intent to commit an offence(Section 11) and trespass (Section 13) are defined in the 1994 Act as Public Order Offences. Under Section 11, you face a class C fine and/or imprisonment of 6 months. For trespass, a class C fine is also imposed, and/or imprisonment of 12 months, but if the trespasser does not comply with the Garda’s directions, they could be convicted to a class D fine and/or a maximum term in prison of 6 months. 

Riot is defined by Section 14 as where 12 or more persons use or threaten to use unlawful violence for a common purpose, and their conduct would cause a person of reasonable firmness to fear for their safety. If you commit this offence, you will be charged an unlimited fine and/or imprisonment for up to 10 years. The same penalty is faced for violent disorder (Section 15).

Failure to comply with the direction of a member of the Garda. Pursuant to Section 8, this is where a member of the Garda finds a person in a public place and suspects that they have been acting in a manner contrary to the provisions of the Act. It is an offence if such a person refuses to comply with their instructions, which are usually a request to stop behaving in a way that a Garda officer believes is endangering people’s safety, property, or public peace. Although, they do not have to apply the full force of criminal law, meaning they are not obliged to arrest you, charge you or bring you before the courts. If you do not follow those directions, you could face a class D fine and/or 6 months in prison.

Contact Dylan Green & Associates on 0214708570 Solicitors approach for further information. https://greensolicitors.ie/criminal-law