Garda Powers under the Public Order Act

 

ICCL_KYR_mast.jpg 

1. Arrest

Gardaí do not need a warrant to arrest anyone found committing one of the following offences:

  • intoxication in a public place
  • threatening, abusive or insulting behaviour in a public place
  • distribution or display of threatening, abusive, insulting or obscene material
  • failure to comply with a direction of a Garda
  • trespass
  • riot, violent disorder, affray
  • assault or obstruction of a peace officer
  •  

2. Request for name & address

If a Garda believes that you have committed an offence under the Public Order Act, he or she can ask for your name and address. If you refuse to give your name and address or give one that the Garda thinks is false or misleading, the Garda can arrest you without a warrant. The failure to give your name and address or to give a false or misleading one is an offence in itself.

 3. Garda directions

Gardaí have certain powers to ask members of the public to stop behaving in a way that would be an offence under the Act. Gardaí can ask you to leave the area in a peaceful and orderly way. A Garda can also take a bottle or container from you if he or she suspects that it contains alcohol. In addition, a Garda can ask you to leave land that you are occupying if you are likely to substantially damage the land. If you do not leave the land as the Garda asks, that could be an offence in itself.

 4. Crowd control

A Superintendent can authorise Gardaí to set up a barrier to stop people getting access to an area where an event, which is likely to attract a large number of people, is taking place or is about to take place. A Garda can direct you to another entrance but cannot stop you entering unless a ticket is required. It could be an offence if you don’t follow the direction of a Garda.

 5. Alcohol

 If you are in a public place and have a bottle or container containing alcohol and are acting in a way that could cause worry for safety or public peace, a Garda may:

  • ask you to hand over the bottle or container
  • ask you to leave the area
  • ask you for your name and address

If you don’t do as the Garda asks, that could be an offence in itself.

 


Bookmark and Share
Web Design By Marlton Media