Public Urination

sunburnt

Hi

On Friday night, I was caught by the police publically urinating. I was bursting and I couldnt wait any longer. I went behind a bus stop and was in a ditch, and the gardai were waiting for someone to do it (there was no other way they would have seen). I gave him all correct details and he said a summonce will be in the post. I think he also thought i was being cheeky as when he asked me why I was urinating publically I told him I wasnt (technically its true as I actually didnt get to urinate!) Does anyone know how much the fine is? also, can i just pay the fine instead of taking a day off work? and lastly, will this be on my record? i have no other offences

Thanks

MagicSean

You will probably be issued with a fixed charge penalty under section 5 of the public order act. Or you could be fined for littering. I think the public order act is €120. Once you pay the fine you dont go to court.

sunburnt

Thanks for that K Mac, cheers

MagicSean

sunburnt wrote: »

the gardai were waiting for someone to do it

Most ridiculous claim ive heard against the gardaí in a while.

UpAgainToday

k_mac wrote: »

Most ridiculous claim ive heard against the gardaí in a while.

I would have to agree OP is still clearly drunk!

Reloc8

k_mac wrote: »

You will probably be issued with a fixed charge penalty under section 5 of the public order act. Or you could be fined for littering. I think the public order act is €120. Once you pay the fine you dont go to court.

I presume you mean under Section 23A of the Criminal Justice (Public Order) Act 1994, as inserted by Section 184 of the Criminal Justice Act 2006.

That provision has not been commenced.

If a Summons issues it will either be for an offence contrary to Section 5 of the Criminal Justice (Public Order) Act 2006 or for an older offence the technicalities of which escape me but specifically covers having a wee and which carries a small fine and potential prison sentence (never/rarely imposed).

Section 5 makes offensive conduct an offence, if committed between 12 midnight and 7 in the morning, or at any time having been requested by a Garda to desist. Penalty is £500 in old money.

So, you will in fact have to go to court if summons - please don't expect a fixed fine notice - if you go to court and have no previous convictions you should be angling for a probation act order or similar which will leave you without a conviction.

MagicSean

Reloc8 wrote: »

I presume you mean under Section 23A of the Criminal Justice (Public Order) Act 1994, as inserted by Section 184 of the Criminal Justice Act 2006.

That provision has not been commenced.

If a Summons issues it will either be for an offence contrary to Section 5 of the Criminal Justice (Public Order) Act 2006 or for an older offence the technicalities of which escape me but specifically covers having a wee and which carries a small fine and potential prison sentence (never/rarely imposed).

Section 5 makes offensive conduct an offence, if committed between 12 midnight and 7 in the morning, or at any time having been requested by a Garda to desist. Penalty is £500 in old money.

So, you will in fact have to go to court if summons - please don't expect a fixed fine notice - if you go to court and have no previous convictions you should be angling for a probation act order or similar which will leave you without a conviction.

Fines are already being issued for a breach of section 5 of the public order act.

Reloc8

That's odd. I can't find any commencement order for Section 184 or Part 15 en bloc of the 2006 Act.

There were provisions of the Intoxicating Liquor Act 2008 which deal with drunken behaviour which were commenced as of 30 July 2008 ...possibly thinking of those ?

sunburnt

How do I go about getting a Probation Act order? does this require as solicitor as I know how expensive they can be and funds are low...

MagicSean

They started about 18 months ago. Dont know what they were commenced under.

Op you get the probation act when you go to court.

dermot_sheehan

Commenced 1st August 2006
http://www.irishstatutebook.ie/2006/en/si/0390.html
http://www.irishstatutebook.ie/2009/en/si/0266.html
http://www.irishstatutebook.ie/2008/en/si/0363.html


Offensive conduct under s.5 is
In this section "offensive conduct" means any unreasonable behaviour which, having regard to all the circumstances, is likely to cause serious offence or serious annoyance to any person who is, or might reasonably be expected to be, aware of such behaviour.

m5ex9oqjawdg2i

If you're really bursting for a pee, like many of us have been and have nowhere to go, what is it you are supposed to do? A little different to the city, but down the country it's not uncommon to see somebody taking a pee in a ditch. Piddling on somebodies doorstep is obviously not right.

Reloc8

sunburnt wrote: »

How do I go about getting a Probation Act order? does this require as solicitor as I know how expensive they can be and funds are low...

Its a matter for the court.

But K-Mac is correct about the possibility of you getting a fine notice - in which case pay it and you avoid court.