Criminal Justice (Miscellaneous Provisions) Act 2023
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Amendment of Criminal Justice (Public Order) Act 1994 | ||
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63. The Criminal Justice (Public Order) Act 1994 is amended— | ||
(a) by the insertion of the following section after section 9: | ||
“Failure to comply with direction of member of Garda Síochána with regard to court proceedings | ||
9A. (1) Where a member of the Garda Síochána finds a person in a place where any court proceedings take, or are taking, place before a judge or a court officer and he or she suspects, with reasonable cause, that the person, whether alone or in the company of other persons, is— | ||
(a) without lawful authority or reasonable excuse wilfully interfering with or obstructing— | ||
(i) the conduct of the proceedings, or | ||
(ii) witnesses or other persons connected with the proceedings, | ||
or | ||
(b) acting in a manner which gives rise to a reasonable apprehension for the safety of persons or the safety of property or for the maintenance of the public peace, | ||
the member may direct the person so suspected to do either or both of the following: | ||
(i) desist from acting in such a manner; | ||
(ii) leave immediately the vicinity of the place concerned in a peaceable and orderly manner. | ||
(2) It shall be an offence for any person, without lawful authority or reasonable excuse, to fail to comply with a direction given by a member of the Garda Síochána under this section. | ||
(3) A person who is guilty of an offence under this section shall be liable on summary conviction to a class D fine or to imprisonment for a term not exceeding 6 months or to both. | ||
(4) This section is without prejudice to the power of the court in respect of the matters to which this section relates. | ||
(5) In this section, ‘court officer’ means a Master of the High Court, Taxing Master or County Registrar.”, | ||
(b) in section 19(2)(b), by the substitution of “12 years” for “7 years”, | ||
(c) in section 23A(1), by the substitution of “section 5, 21 or 22” for “section 5”, and | ||
(d) in section 24(5), by the substitution of “8, 9A,” for “8,”. |