Prohibition of Forcible Entry and Occupation Act, 1971

Taking into account by court of certain damage to property.

6.—Where—

(a) an offence under section 2 or 3 of this Act is committed by a person (in this subsection referred to as the defendant) who, upon being requested (either by the owner of the land or vehicle to which the offence relates or by a member of the Garda Síochána in uniform) to leave the land or vehicle, or to permit entry to the land or vehicle by a person lawfully entitled to such entry, fails or refuses to do so with all reasonable speed, and

(b) damage to property is reasonably and unavoidably caused by the owner or a member of the Garda Síochána, in the course of lawfully entering or attempting to enter the land or vehicle, or lawfully taking or attempting to take possession of the land or vehicle, or lawfully ejecting or attempting to eject the defendant from the land or vehicle,

the court, in coming to a decision as to the penalty, may take the damage to property into account as if that damage had been caused by the defendant and may have regard to whether or not the defendant has compensated the owner in respect of that damage.