The Gazette 1994

GAZETTE

A PRIL 1994

L A W B R I E F

• failure to comply with directions of members of the Garda Síochána in a public place (liability to a fine not exceeding £500 or to imprisonment not exceeding 6 months or to both); • wilful obstruction of the free passage of any person or vehicle in any public place (liability to a fine not exceeding £200); • increase of penalty for common assault or battery to a fine not exceeding £1,000 or imprisonment for a term not exceeding 12 months or to both; • entering a building as a trespasser with intent to commit an offence (liability to a fine not exceeding £1,000 or imprisonment for a term not exceeding 6 months or to both); • trespass on any dwelling or the curtilage thereof in such a manner as to cause fear in another person (liability to penalties of £1,000 and £500 and imprisonment for specified terms); • riot, where twelve or more persons present together at any place (whether that place is a public place or a private place or both) use or threaten to use unlawful violence for a common purpose, and the conduct of those persons, taken together, is such as would cause a person of reasonable firmness present at that place to fear for his, her or another person's safety (liability on indictment to an unlimited fine or imprisonment for a term not exceeding 10 years or to both); • violent disorder, where three or more persons together at any place (whether that place is a public place or a private place or both) use or threaten to use unlawful violence and the conduct of those persons, taken together, is such as would cause a person of reasonable firmness present at that time to fear

by Dr. Eamonn Hall, Solicitor

for his, her or another person's safety (liability on indictment to an unlimited fine or imprisonment for a term not exceeding 10 years or to both); • affray, where two or more persons at any place (whether that place is a public place or a private place or both) use or threaten to use violence towards each other (liability on summary conviction to a fine not exceeding £ 5 0 0 or to imprisonment for a term not exceeding 12 months or to both, and on indictment to an unlimited fine or to imprisonment for a term not exceeding 5 years or to both); • blackmail, extortion and demanding money with menaces (liability on summary conviction to a fine not exceeding £ 1 , 0 00 or to imprisonment for a term not exceeding 12 months or to both, and on conviction on indictment to an unlimited fine or imprisonment for a term not exceeding 14 years or to both); • assault with intent to cause bodily harm or commit an indictable offence (liability on summary conviction to a fine not exceeding £ 1 , 0 00 or to 12 months

The Criminal Justice (Public Order) Act, 1994

The Criminal Justice (Public Order) Act, 1994 (No. 2 of 1994), came into operation on April 4, 1994. The Act provides for • the updating of the law in relation to public order offences; • the creation of an offence specifically aimed at racketeering; and • the implementation of certain recommendations made by the Committee on Public Safety and Crowd Control. This note merely informs readers of the 1994 Act; it does not purport to be an analysis of the legislation. Parts II, III and IV of the Act create new offences and otherwise amend the • intoxication in a public place (liability to a fine not exceeding £100); • disorderly conduct in a public place (liability to a fine not exceeding £500); • threatening, abusive or insulting behaviour in a public place (liability to a fine not exceeding £500 or to imprisonment not exceeding 3 months or to both); • distribution or display in a public place of material which is threatening, abusive, insulting or obscene (liability to a fine not exceeding £500 or to imprisonment for a term not exceeding 3 months or to both); existing law. New offences and amendments of the law include

imprisonment or both and on conviction on indictment to an unlimited fine or to a term not exceeding 5 years or to both);

• assault or obstruction of a peace officer acting in the execution of his or her duty or assault of another person acting in the aid of a peace officer (liability on summary conviction to a fine not exceeding £ 1 , 0 00 or to imprisonment for 12 months or to both, and on indictment to an unlimited fine or to

imprisonment for a term not exceeding 5 years or to both);

• control of access to certain events by the Garda Síochána in the interests of safety or for the purpose of 135