Oireachtas Joint and Select Committees
Tuesday, 8 November 2022
Select Committee on Justice and Equality
Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage
Helen McEntee (Meath East, Fine Gael) | Oireachtas source
I move amendment No. 12:
In page 20, to delete lines 16 to 18, and substitute the following: “Amendment of Criminal Justice (Public Order) Act 1994
36. The Criminal Justice (Public Order) Act 1994 is amended—(a) by the insertion of the following section after section 9:“Failure to comply with direction of member of Garda Síochána with regard to court proceedings(b) in section 23A(1), by the substitution of “section 5, 21 or 22” for “section 5”, and
9A.(1) Where a member of the Garda Síochána finds a person in a place where any court proceedings take, or are taking, place before a judge or a court officer and he or she suspects, with reasonable cause, that the person, whether alone or in the company of other persons, is—(a) without lawful authority or reasonable excuse wilfully interfering with or obstructing—(2) It shall be an offence for any person, without lawful authority or reasonable excuse, to fail to comply with a direction given by a member of the Garda Síochána under this section.(i) the conduct of the proceedings, or(b) acting in a manner which gives rise to a reasonable apprehension for the safety of persons or the safety of property or for the maintenance of the public peace, the member may direct the person so suspected to do either or both of the following:
(ii) witnesses or other persons connected with the proceedings,
or(i) desist from acting in such a manner;
(ii) leave immediately the vicinity of the place concerned in a peaceable and orderly manner.
(3) A person who is guilty of an offence under this section shall be liable on summary conviction to a class D fine or to imprisonment for a term not exceeding 6 months or to both.
(4) This section is without prejudice to the power of the court in respect of the matters to which this section relates.
(5) In this section ‘court officer’ means a Master of the High Court, Taxing Master or County Registrar.”,
(c) in section 24(5), by the substitution of “8, 9A,” for “8,”.”.
This amendment makes provision for members of An Garda Síochána to direct a person to desist from interfering with or obstructing court proceedings. A person failing to comply with such a direction commits an offence. This offence complements existing public order offences and the powers of the court to make a finding of contempt.
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