(LRC Revised)

Number 2 of 1994

CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994

REVISED

Updated to 31 December 2024

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

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

Family Courts Act 2024

(48/2024), enacted 13 November 2024, and all statutory

instruments up to and including the

Physiotherapists Registration Board Application for Registration Bye-Law 2025

(S.I. No. 2 of 2025), made 7 January 2025, 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 31 December 2024

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

).

3A.

Aggravation of certain offences by hatred.

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.

6A.

Threatening, abusive or insulting behaviour in public place aggravated by hatred.

7.

Distribution or display in public place of material which is threatening, abusive,

insulting or obscene.

7A.

Distribution or display in public place of material which is threatening, abusive,

insulting or obscene aggravated by hatred.

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.

11A.

Entering building, etc., with intent to commit an offence aggravated by hatred.

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.

18A.

Assault with intent to cause bodily harm or commit indictable offence aggravated by

hatred.

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 31 December 2024

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. [3

rd March

, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Editorial Notes

E1

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.

E2

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.

E3

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

Annotations

Editorial Notes

E1

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.

E2

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.

E3

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

Section

1.

Short title, collective citation and commencement.

2.

Interpretation (general).

PART II

Offences Relating to Public Order

3.

Interpretation (

Part II

).

3A.

Aggravation of certain offences by hatred.

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.

6A.

Threatening, abusive or insulting behaviour in public place aggravated by hatred.

7.

Distribution or display in public place of material which is threatening, abusive,

insulting or obscene.

7A.

Distribution or display in public place of material which is threatening, abusive,

insulting or obscene aggravated by hatred.

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.

11A.

Entering building, etc., with intent to commit an offence aggravated by hatred.

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.

18A.

Assault with intent to cause bodily harm or commit indictable offence aggravated by

hatred.

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