Criminal Justice Act 2006
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PART 6 Amendment of Explosives Act 1875 | ||
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Substitution of section 80 of Explosives Act 1875. |
68.— The following section is substituted for section 80 of the Explosives Act 1875 : | |
“80.—(1) Any person who in any place— | ||
(a) ignites a firework or causes it to be ignited, or | ||
(b) throws, directs or propels an ignited firework at or towards a person or property, | ||
is guilty of an offence. | ||
(2) Any person— | ||
(a) who possesses a firework with intent to sell or otherwise to supply it to another, and | ||
(b) who does not hold a licence under this Act to import it, | ||
is guilty of an offence. | ||
(3) In any proceedings for an offence under subsection (2) it is not necessary for the prosecution to negative by evidence the existence of a licence to import the firework concerned, and accordingly the onus of proving the existence of any such licence is on the defendant. | ||
(4) A member of the Garda Síochána who, with reasonable cause, suspects that a person possesses a firework in contravention of subsection (2) may— | ||
(a) request that the person give his or her name and address and that the information given by the person in response to the request be verified, | ||
(b) if not satisfied that the information so given is correct, request that the person accompany the member to a Garda Síochána station for the purpose of verifying the information, | ||
(c) without warrant— | ||
(i) search the person and, if the member considers it necessary for that purpose, detain the person for such time as is reasonably necessary to make the search, | ||
(ii) enter and search any vehicle, vessel or aircraft in which the member suspects that a firework may be found, and | ||
(iii) seize and detain anything found in the course of the search which the member reasonably believes to be evidence of, or relating to, an offence under this section. | ||
(5) This section is without prejudice to any power to detain or search a person or to seize or detain property which may be exercised by a member of the Garda Síochána under any other enactment. | ||
(6) A member of the Garda Síochána who suspects, with reasonable cause, that a person has committed an offence under this section may arrest the person without warrant. | ||
(7) If a judge of the District Court is satisfied by information on oath of a member of the Garda Síochána not below the rank of sergeant that there are reasonable grounds for suspecting that evidence of, or relating to, the commission of an offence under this section is to be found in any place, the judge may issue a warrant for the search of that place and any persons found at that place. | ||
(8) The search warrant shall be expressed, and shall operate, to authorise a named member of the Garda Síochána, accompanied by such other members of the Garda Síochána or other persons as the member thinks necessary— | ||
(a) to enter the place named in the warrant at any time or times within one week of the date of issue of the warrant, on production if so requested of the warrant and if necessary by the use of reasonable force, | ||
(b) to search it and any persons found at the place, and | ||
(c) to seize anything found at the place, or anything found in the possession of any person present there at the time of the search that that member reasonably believes to be evidence of, or relating to, the commission of an offence under this section. | ||
(9) A member of the Garda Síochána acting under the authority of a search warrant under this section may— | ||
(a) require any person present at the place where the search is being carried out to give to the member his or her name and address, and | ||
(b) arrest without warrant any person who— | ||
(i) obstructs or attempts to obstruct the member in the carrying out of his or her duties, | ||
(ii) fails to comply with a requirement under paragraph (a), or | ||
(iii) gives a name or address which the member has reasonable cause for believing is false or misleading. | ||
(10) A person who— | ||
(a) does not give his or her name and address when requested to do so under subsection (4)(a) of this section or gives a name and address that is false or misleading, or | ||
(b) does not comply with a request under subsection (4)(b) of this section, | ||
is guilty of an offence and liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both. | ||
(11) A person who— | ||
(a) obstructs or attempts to obstruct a member of the Garda Síochána acting under the authority of a search warrant under this section, | ||
(b) does not comply with a requirement under subsection (9)(a) of this section, or | ||
(c) gives a false or misleading name or address to such a member, | ||
is guilty of an offence and liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both. | ||
(12) A person guilty of an offence under this section (except subsection (10) or (11)) is liable— | ||
(a) on summary conviction, to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both, or | ||
(b) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 5 years or both. | ||
(13) A court by which a person is convicted of an offence under subsection (1) or (2) may order anything shown to the satisfaction of the court to relate to the offence to be forfeited and either destroyed or dealt with in such other manner as the court thinks fit. | ||
(14) In this section— | ||
“ banger” means a non-metallic case containing black powder, the principal purpose of which is to make a noise when ignited or initiated; | ||
“ black powder” means a powder consisting of a mixture of charcoal and sodium nitrate or potassium nitrate, with or without sulphur; | ||
“ firework”— | ||
(a) means a device containing pyrotechnic material which, when functioning, burns or explodes to produce a visual or aural effect or movement or a gas, either separately or in any combination, as a direct form of entertainment, but | ||
(b) except in subsection (1)(b) does not include— | ||
(i) a low hazard firework (except a banger), or | ||
(ii) a firework imported under licence in accordance with section 40(9) of this Act; | ||
“ low hazard firework” means a firework which presents a low hazard and is designed for indoor use; | ||
“ place” includes a dwelling; | ||
“ pyrotechnic material” means a substance or mixture of substances designed, when ignited, to produce an aural or visual effect or a gas either separately or in any combination.”. |