Criminal Justice (Public Order) Act, 1994
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Assault or obstruction of peace officer. |
19.—(1) Any person who— | |
(a) assaults a peace officer acting in the execution of the peace officer's duty, knowing that he is, or being reckless as to whether he is, a peace officer acting in the execution of his duty, or | ||
(b) assaults any other person acting in the aid of a peace officer, or | ||
(c) assaults any other person with intent to resist or prevent the lawful apprehension or detention of himself or any other person for any offence, | ||
shall be guilty of an offence. | ||
(2) A person guilty of an offence under subsection (1) shall be liable— | ||
(a) having elected for summary disposal of the offence, on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months, or to both, | ||
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or to both. | ||
(3) Any person who resists or wilfully obstructs a peace officer acting in the execution of his duty or a person assisting a peace officer in the execution of his duty, knowing that he is or being reckless as to whether he is, a peace officer acting in the execution of his duty, shall be guilty of an offence. | ||
(4) A person guilty of an offence under subsection (3) shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding 6 months or to both. | ||
(5) The provisions of this section are in addition to and not in substitution of any provision in any other enactment relating to assault or obstruction of a peace officer. | ||
(6) In this section— | ||
“peace officer” means a member of the Garda Síochána, a prison officer or a member of the Defence Forces; | ||
“prison” means any place for which rules or regulations may be made under the Prisons Acts, 1826 to 1980, section 7 of the Offences against the State (Amendment) Act, 1940 , section 233 of the Defence Act, 1954 , section 2 of the Prisoners of War and Enemy Aliens Act, 1956 , or section 13 of the Criminal Justice Act, 1960 ; | ||
“prison officer” includes any member of the staff of a prison and any person having the custody of, or having duties in relation to the custody of, a person detained in prison. |