Criminal Justice Act 2006
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Amendment of Criminal Justice (Public Order) Act 1994. |
184.— The Criminal Justice (Public Order) Act 1994 is amended by the insertion of the following sections after section 23: | |
“Fixed charge offences. | ||
23A.—(1) A member of the Garda Síochána who has reasonable grounds for believing that a person is committing, or has committed, an offence under section 5 (in this section referred to as a `fixed charge offence') may serve on the person personally or by post the notice referred to in subsection (5) or cause it to be so served. | ||
(2) A member of the Garda Síochána may, for the purposes of subsection (1)— | ||
(a) request the person concerned to give his or her name and address and to verify the information given, and | ||
(b) if not satisfied with the name and address or any verification given, request that the person accompany the member to a Garda Síochána station for the purpose of confirming the person's name and address. | ||
(3) A person who— | ||
(a) does not give his or her name and address when requested to do so under subsection (2)(a) or gives a name or address that is false or misleading, or | ||
(b) does not comply with a request by a member of the Garda Síochána under subsection (2)(b), | ||
is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,500. | ||
(4) A member of the Garda Síochána who is of opinion that a person is committing, or has committed, an offence under subsection (3) may arrest the person without warrant. | ||
(5) The notice referred to in subsection (1) shall be in the prescribed form and shall state— | ||
(a) that the person on whom it is served is alleged to have committed the fixed charge offence concerned, | ||
(b) when and where it is alleged to have been committed, | ||
(c) that a prosecution for it will not be instituted if— | ||
(i) during the period of 28 days beginning on the date of the notice, the person pays to a member of the Garda Síochána at a specified Garda Síochána station or to another specified person at a specified place the prescribed amount, or | ||
(ii) within 28 days beginning on the expiration of that period, the person so pays an amount which is 50 per cent greater than the prescribed amount, | ||
and | ||
(d) that in default of such payment the person will be prosecuted for the alleged offence. | ||
(6) A payment referred to in subsection (5) shall be accompanied by the notice referred to in that subsection. | ||
(7) Where a notice is served under subsection (1)— | ||
(a) a person to whom the notice applies may make a payment in accordance with subsections (5)(c) and (6), | ||
(b) a member of the Garda Síochána or other specified person shall receive the payment, issue a receipt for it and retain it for payment or disposal in accordance with subsection (8)(b), | ||
(c) a payment so received shall not be recoverable by the person who made it, and | ||
(d) a prosecution in respect of the alleged fixed charge offence to which the notice relates shall not be instituted during the periods specified in subsection (5)(c) or, if a payment is made in accordance with that subsection and subsection (6), at all. | ||
(8) (a) In proceedings against a person for a fixed charge offence it shall be presumed, until the contrary is shown, that the person did not make payment in accordance with subsections (5)(c) and (6). | ||
(b) Payments so made shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs. | ||
(9) (a) The Minister may make regulations prescribing anything which is referred to in this section as prescribed. | ||
(b) Different amounts may be prescribed for a fixed charge offence under this section and an offence under section 4 which is deemed by section 23B(4) to be a fixed charge offence. | ||
(c) Regulations made under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations. | ||
(10) In this section— | ||
‘ Minister ’ means Minister for Justice, Equality and Law Reform; | ||
‘ person ’ means a person of not less than 18 years of age. | ||
Application of section 23A in relation to offence under section 4. | ||
23B.—(1) This section applies to a person of not less than 18 years of age who is suspected, with reasonable cause, by a member of the Garda Síochána of committing, or of having committed, an offence under section 4. | ||
(2) Where— | ||
(a) a person to whom this section applies is arrested and brought to a Garda Síochána station, and | ||
(b) he or she is a person whom the member of the Garda Síochána in charge of the station is authorised by section 31 of the Criminal Procedure Act 1967 to release on bail, | ||
the member may, instead of releasing the person on bail, release him or her unconditionally after serving on the person personally a notice in the prescribed form stating the matters specified in section 23A(5) or causing it to be so served. | ||
(3) Where a person to whom this section applies is not arrested, the member of the Garda Síochána referred to in subsection (1) may serve on the person personally or by post a notice in the prescribed form stating the matters specified in section 23A(5) or cause it to be so served. | ||
(4) On the service of a notice under subsection (2) or (3) the offence under section 4 is thereupon deemed to be a fixed charge offence, and subsections (5) to (10) of section 23A apply and have effect accordingly in relation to it.”. |