In-Depth Notes on Crime and Incident Policing

  • Common Offences, Penalties, and Powers of Arrest

    • Important Acts:
    • Criminal Justice (Public Order) Act 1994
    • Criminal Damage Act 1991
    • Non-Fatal Offences Against the Person Act 1997
    • Firearms and Offensive Weapons Act 1990
    • Misuse of Drugs Act 1977
    • Criminal Justice (Theft and Fraud Offences) Act 2001
    • Offences Against the State Act 1939
    • Firearms Acts

  • Criminal Justice (Public Order) Act 1994 Overview

    • Section 4 – Intoxication

    • 4(1) Being present in public place while intoxicated to an extent that would cause reasonable apprehension of danger to self or others

    • 4(2) Summary conviction fine of up to €500 (Fixed Charge €100)

    • Section 5 – Disorderly Conduct

    • 5(1) Engaging in offensive conduct in public between midnight and 7 AM, or after request to desist

    • 5(2) Summary conviction fine up to €1,000 (Fixed Charge €140)

    • 5(3) Offensive conduct defined as unreasonable behavior likely to cause serious annoyance

    • Section 6 – Threatening Behavior

    • 6(1) Use of threatening, abusive, or insulting words with intent to provoke breach of peace

    • 6(2) Penalty: up to €1,000 or 3 months imprisonment

    • Section 8 – Failure to Comply with Garda Directions

    • 8(1) Failure to comply with Garda direction in public place

    • 8(2) Fine up to €1,000 or 6 months imprisonment

    • Section 11 – Entering Building with Intent

    • 11(1) Offense for a person to trespass with intent to commit an offense

    • Fine up to €2,500 or 6 months imprisonment

  • Penalties for Common Offences

    • Section 4: €500 (or €100 Fixed Charge)
    • Section 5: €1,000 (or €140 Fixed Charge)
    • Section 6: €1,000 and/or 3 months imprisonment
    • Section 8: €1,000 and/or 6 months imprisonment

  • Criminal Damage Act 1991

    • Section 2 – Damaging Property
    • 2(1) Damaging property of another with intent or recklessness
    • Penalty: up to €1,000 on summary conviction; life or fine on conviction on indictment
    • Section 3 – Threat to damage property

  • Non-Fatal Offences Against the Person Act 1997

    • Includes various offenses from assault to harassment and endangerment

  • Misuse of Drugs Act 1977

    • Regulates the possession, sale, and trafficking of controlled substances
    • Sections detail penalties and procedures regarding drug offenses

  • Powers of Arrest

    • Members of Garda may arrest without warrant for various offenses
    • Defined reasonable grounds for suspicion required before arresting individuals

  • Warrants

    • Types of warrants: arrest, search, committal, etc.
    • Procedure to obtain warrants, requirements for issuance, and execution guidelines

  • Victims of Crime

    • Criminal Justice (Victims of Crime) Act 2017 outlines the rights and services available
    • Key provisions include information on support services, rights during investigations, and entitlement to compensation

  • Identification Procedures

    • Methods include natural witnesses, scientific means, and incidental identification
    • Proper versus improper methods of identification; rights of suspects during identification parades

  • Forensic and Evidence Management

    • Legislation around the collection and preservation of evidence at crime scenes
    • Power to designate a crime scene and seize evidence

  • Conclusion

    • Understanding the framework around common offences, arrest, and evidence management is crucial for students in the field of law and criminal justice.