Avoid trouble on your night out.

Introduction

                Everyone enjoys getting a little wild every now and again, and with the effort put into work, classes, friends and family it is well-deserved fun. Unfortunately sometimes an innocent night in town can have serious consequences.

                What this article will address are some of the many bad situations you may find yourself in.

General Knowledge

Everyone in Ireland knows, or should know, that the legal drinking age is 18. That means you can’t buy, consume, or have alcohol on your person if you are under the age of 18. If you are of legal age it is also illegal to buy or give alcohol to a minor the consequence for which can span from a fine of €1,500 for the first offence to a fine of €2,000 for any subsequent offence.

Although you can be denied entry to a club due to intoxication you cannot be refused because of your gender, race, physical and/or mental abilities or any other unlawful discrimination. This is protected under the Equal Status Acts 200 to 2004.

The Criminal Justice (Public Order) Act 1994 is the main statute governing what you can and cannot do on a night out. This includes such things as:

·         Being drunk in public

·         Drinking in public

·         Having alcohol on your person

·         Offensive conduct late at night

·         A breach of the peace

·         Confiscation of alcohol

Another act, the Intoxicating Liquor Act 2003, mainly regulates ones conduct in a licensed premises.  

Drinking in public and Having Alcohol on Your Person

Going out clubbing can be an expensive way to blow off steam and it’s usually the drinks that really jack up the price. Because of this many people choose to pre-drink. You often see discarded bottles along the street or just outside of clubs and though we know that littering is illegal, is having that alcohol in your purse, or anywhere else on your person an offence?

At the moment, there is no national legislation prohibiting drinking in public. However, each local authority is allowed to pass bye-laws prohibiting the consumption of alcohol in a public place. Your local authority would have information about the bye-laws in your area. In the meantime it would be wise to refrain from drinking in public until you have done a little research!

Being Drunk in Public

Even if you chose to pre-drink at home you still have to somehow find your way to the club with that alcohol in your system, which begs the question: is it illegal to be drunk in public? According to the Criminal Justice (Public Order) Act 1994, it is an offence for you to be so drunk in a public place that you could reasonably be presumed to be a danger to yourself or to anyone around you. If you are found guilty of this offence your alcohol can be confiscated and you could be slapped with a fine.

Moral of the story being: Know your limits and do not surpass them especially in a public venue.

Confiscation of Alcohol

If we could, we would all bring our own alcohol into the club; it’s cheaper and more accessible. Unfortunately it would not be allowed through the door. But is it ever okay for that alcohol to be taken from you without your permission?

We learnt from the last section that the Guards can confiscate your alcohol if you are so drunk that you are a danger to yourself or others. According to section 22 of the same act, in relation to an event, where it appears to a member of the Garda that a person is about to enter, or has entered, the place where the event is taking place and the person has, or is suspected to have, in his possession any intoxicating liquor, the Garda may then exercise searches of that person or any vehicle which he may be in to ascertain whether he has with him any liquor and can refuse to allow that person to proceed to the event unless that person surrenders permanently to a member of the Garda the liquor.

Being Turned Away From a Club

No one likes to be turned away from a club, and clubs don’t like having to turn away business, but quite often public safety takes precedence. According to section 4 of the Intoxicating Liquor Act 2003: a licensee cannot supply liquor to a drunken person, permit them to consume the liquor, permit drunkenness to take place in the bar or admit any drunken person to the bar at the risk of a fine. The same applies to a person who is not a licensee: they are not allowed to purchase or supply alcohol to a drunken person.

On the same note, a drunken person is required to leave a licensed premises if they are requested to do so by the licensee or a member of the Garda and may not seek entry to the bar of a licensed premises. The consequences can be merely a fine but commission of this offence also permits a member of the Garda to arrest without warrant any person whom they suspect of being guilty of such an offence.

Offensive Conduct Late at Night/Breaching the Peace

Many of us are excited when we leave the club at 4am after hours of dancing and screaming lyrics at the top of our lungs and sometimes the party carries on outside. However, section 5 of the Criminal Justice (Public Order) Act 1994 states that it is an offence for any person in a public place to engage in offensive conduct between the hours of 12 o’clock midnight and 7 o’clock in the morning at the risk of a fine. Section 6 of the same act follows on from section 5 by adding that it is an offence for any person in a public place to use or engage in any threatening, abusive or insulting words or behavior with intent to provoke a breach of the peace or being reckless as to whether a breach of the peace may occur. This not only carries the possibility of a fine but up to a three month imprisonment.

Similarly, offensive conduct inside a nightclub can lead to consequences. In the least you will be asked to leave the premises, both the licensee and any member of the Garda have the power to do this; you will not be allowed to re-enter for a period of 24 hours. A fine and arrest could follow.

Conclusion

Always be aware of your rights!!! This is an important rule for all aspects of one’s life. In regards to partying, don’t take it to the extreme:

·         Have a few drinks, not as many as you can stomach.

·         Drink plenty of water and grab a snack (everyone loves a good roll) before heading home.

·         Go out with people you trust so you’re happy and having a good time.

One last rule: Always use your head. Most of this is common sense, act responsibly and you should run into no problems with the law!

GCD FLAC clinic November 18th 18TH

NEXT CLINIC: NOVEMBER 18TH 6PM

E-MAIL FLAC@GCD.IE


GCD FLAC would like to thank all those involved in this weeks Clinic and extend a special thanks to our volunteer Barrister.

For anyone who is interested in attending our next clinic it will be taking place on November 18th from 6pm. If you have a legal issue and need legal advice e-mail us at flac@gcd.ie to make an appointment. We will have a qualified barrister available to advise you on any query you may have.

Changes to the Courts system.

Court of Appeal

On Friday 4^th of October 2013 there was a referendum to change the constitution of Ireland. It concerned the abolishment of the Irish senate and the establishment of a court of appeal and to change the way in which the Supreme Court issues a decision where it is asked to decide whether a law is constitutional. The people of Ireland voted to keep the Irish senate and establish a court of appeal. Currently in Ireland the courts system consists of the district court, circuit court, high court and the Supreme Court. The District Court being the lowest level and Supreme Court being the highest level Court.

The courts system in Ireland also includes a court of criminal appeal. This court hears criminal appeals from the high court, the circuit court and the special criminal court. In the constitution of Ireland the high court and the Supreme Court are set out. The court of appeal will be set up at a level between the Supreme Court and the high court. Currently in Ireland there is very long delays in appeals being heard in the supreme court, when the court of appeal is established it will hear the majority of appeals which at present are heard in the Supreme Court .It will hear most of the appeals from the high court and if certain laws are passed it will have the jurisdiction to hear appeals from the other courts in Ireland.

The decision from the court of appeal will be final. However in some cases there may be an appeal from the court of appeal to the supreme court and there will also be appeals from the high court which will go straight to the supreme court to be heard. The Supreme Court will hear appeals from the court of appeal if the decision concerns a matter which is of public importance or in the best interests of justice. Also the supreme court will hear appeals directly from the high court where it is in the interests of the general public or the decision is a matter if importance the public. The court of appeal will have the jurisdiction to hear cases on whether a law is constitutional or unconstitutional.

A change to the “one judgement” rule

When the supreme court of Ireland is sitting there must be at least five judges when a decision is being made on whether a law is constitutional or unconstitutional. Currently the constitution states that the decision must be given by one judge and if the other judges disagree it is not known and it is not said why they disagree. Since the referendum has been passed the one judgement rule is going to be removed and each judge will have the opportunity to give a judgement on whether they agree or not and if they disagree they can give reasons why they do so. If the President decides to refer a bill to the Supreme Court to check its validity as to its constitutionality this has not changed since the passing of this referendum. In these circumstances a decision will only be given by one judge.


Jack Murphy, GCD FLAC.