Public transport: The offence here is failing to comply with the request of a relevant person. Gardaí will establish if the relevant person has given a direction to comply with the regulations. Garda attending at the incident will record the name of that relevant person and what exact requirement they made of the suspect offender.
The Garda member will use the 4 Es with the individual and clearly explain that at this point they are committing an offence, and give them an opportunity to come into compliance with the relevant persons request. (wear a face mask)
Gardaí will then give the individual a direction under Section 31A(7) to come into compliance with the request of the relevant person. If they continue to fail to comply, Gardaí may consider that the offence has been committed and can demand the individual's name and address under Section 31A(9).
Certain premises: The offence here is failing to wear a face covering in certain premises. A responsible person (e.g. shop owner/ manager) must take all reasonable steps to bring the individual into compliance. The responsible person cannot make a lawful requirement like the bus driver can. This person can only advise. Therefore, if Gardaí are called to assist, and will identify the responsible person and establish what action they have taken to bring the person into compliance.
Once this is established, Garda members can engage with the individual. An opportunity to come into compliance should be given. If this fails, Gardaí can give a direction to the individual under Section 31A(7) to come into compliance. If they continue to fail to comply, Gardaí may consider that the offence has been committed and demand the individual's name and address under Section 31A(9).
A Garda member can arrest without warrant an individual who doesn’t give their name and address, or who gives a false or misleading name and address.
If the individual does not comply with the Garda directions on the wearing of face coverings on public transport or in certain premises, then a Fixed Payment Notice will issue.
The issuing of these Fixed Payment Notices will be at the discretion of the individual member. The individual Garda member is not required to consult with the DPP or with their Divisional Officer before issuing a fine for the specific offences outlined below.
Note: Failure to comply with a Garda direction issued under Section 31A(7) is a separate offence, but not a Fixed Payment Notice Offence.
It is the investigating Garda member’s decision to decide if a separate investigation file is required for the DPP for that offence, but the issue of an FPN may be sufficient.
