Dáil Éireann Debate, Wednesday - 3 November 2004
132 Ms Lynch asked the Minister for Justice, Equality and Law Reform if he is planning the introduction of on-the-spot fines for public order offences; the way in which the proposed system will work; and if he will make a statement on the matter. [27245/04]
View answerMy proposals for the introduction of a fixed charge procedure in relation to certain public order offences are contained in the Criminal Justice Bill 2004 which I published in July this year and is awaiting Second Stage in the Dáil at present. Section 29 of that Bill amends the Criminal Justice (Public Order) Act 1994 to provide for a fixed penalty procedure in relation to certain public order offences under that Act. The procedure will apply to an offence under section 4, intoxication in public place, and section 5, disorderly conduct in public place. It is intended that the fixed penalty procedure will be an alternative to criminal proceedings being taken in the first instance.
In general, the section provides that a member of the Garda Síochána who has reasonable grounds for believing that a person who is not less than 18 years old is committing, or has committed, an offence under sections 4 or 5 of the 1994 Act may serve on the person personally or by post a fixed charge notice. In default of payment the person will be prosecuted for the offence.
The fixed charge notice will be in a prescribed form and will state specified factors including, when and where the fixed charge offence was alleged to have been committed; that a prosecution for it will not be instituted if within 28 days the person pays the prescribed amount, or within a further 28 days an amount which is 50% greater than the prescribed amount; and how the payment may be made. The Minister for Justice, Equality and Law Reform will also be empowered by section 29 to make regulations prescribing relevant matters which will include the amounts to be set for the fixed charges.
