Criminal Justice (Miscellaneous Provisions) Act 2023

Amendment of Criminal Justice (Public Order) Act 1994

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,


(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,”.