Bust information

It is your constitutional right to protest under section 40 of the Irish constitution.

General info if stopped by the gardai

-you are entitled to be told why you are being stopped and under what power

-you are entitled to ask garda to ID him/herself. Ask for their ID number or if in plain clothes their ID card

-if asked your name and address you should give it as it is an offence not to or to give false information

-you are not obliged to go with gardai to ‘help them with their enquires’ or for questioning if you are not under arrest

-if you are told you are arrested ask what for + under what power

-if arrested make sure you tell a friend/relative what station you are being taken to

-it is very unwise to resist arrest as charges can be brought against you for obstruction of justice or assault of garda

-you are entitled to contact a solicitor +you should do so immediately

-you are entitled to speak to your solicitor in private. Make sure you tell him/her all details of your arrest

-if you are ill or injured in any way insist on seeing a doctor at once

Criminal Justice(public order) Act 1994

It has created a number of different offences and gives the gardai additional powers to deal with these and deal with crowd situations (e.g. group gatherings, demonstrations,protests). Many of these refer to conduct in a public place(includes all places to which all members of public has access, including as a trespasser.

-Disorderly conduct in a public place(section 5)

-Threatening abusive or insulting behaviour in a pubic place (section 6) charges for offences committed while a person was taking part in a public protest have mainly been brought under this section

- Wilful obstruction (section 9) – it is an offence to intentionally prevent or obstruct the movement of any person or vehicle in a public place

-failure to comply with direction of An Garda Siochana (section 8)- most commonly used section of the act. If garda suspects that a person in a public place is committing above offence in such a way that safety of persons or property might be in danger, the garda can direct the person/s to stop acting in such a way and leave the area peacefully. It is an offence under this section not to do as garda directs

-Riot (section 14)- 12 or more people using or threatening to use violence and if the way they act would cause a person to fear for their or someone else’s safety. There has to be common reason for the behaviour in question

-Violent Disorder (section 15)-similar to riot except it involves 3 or more people

-Affray (section 16)- similar to above but not quite as serious and involves 2 or more people-under the gardai’s ‘powers of arrest’, you do not have to have committed an offence to be arrested. There are a wide variety of powers under which you can be arrested. Most of these provide that you can be arrested if a garda suspects you committed an offence