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Offences

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OffencesPSA2025-04-09T13:28:02+00:00

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The following offences are provided for under the Private Security Services Act 2004, as amended.

Details are provided here for information purpose only and no legal interpretation should be taken from these details.

Section 15(4) - Interfering with an Investigation

A person who-
a) withholds, destroys, conceals, or refuses to furnish any information or thing required for the purposes of an investigation by the Authority,
b) fails or refuses to comply with any requirement or an inspector under this section, or
c) otherwise obstructs or hinders him or her in the performance of duties under this Act,

is guilty of an offence and liable on summary conviction to a fine not exceeding €4,000 or imprisonment for a term not exceeding 12 months or both.

Section 29(7) - Identity Cards

(a) In this subsection “identity card” includes an identity card or other form of identification issued by a corresponding authority.
(b) An individual shall not—
(i) produce for inspection an identity card issued to another individual, or
(ii) with intent to deceive, make or use a document purporting to be an identity card, alter an identity card or use an altered identity card.
(c) An individual who contravenes paragraph (b) is liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both.

Section 29(9) - Identity Cards

A person who:

  • Does not have an identity card in his/her possession when providing the security service authorised by the licence;
  • Does not comply with a request for production and inspection of the identity card by any person for whom the licensee is providing a security service or by An Garda Siochána;
  • Does not provide his/her name/address to An Garda Siochána in circumstances where that individual does not produce the identity card for inspection is guilty of an offence and liable on summary conviction to a fine not exceeding €2,000

Section 30 - Identity badges

(1) An individual who is a member of a prescribed category of licensees shall when providing a security service, wear an identity badge.

(2) An individual shall not –
(i) wear an identity badge relating to another individual, or
(ii) with intend to deceive, make or use a badge purporting to be an identity
badge, alter an identity badge or use an altered identity badge.

(3) An individual who contravenes subsection 1() or (2) is liable on summary
conviction to a fine not exceeding €4,000 or imprisonment for a term not
exceeding 12 months or both.

(4) It is a defence in proceedings for an offence under subsection 1() for the
defendant to prove that he or she had a reasonable excuse for not complying
with the subsection concerned

Section 32 - Surrender of Licence

  1. (a) a licence is suspended or revoked or it expires, or
    (b) a licensee ceases to provide a security service,
    the licensee shall forthwith surrender to the Authority in the prescribed manner the licence and any identity card issued to the licensee.
  2. On the suspension, revocation or expiration of a licence, an inspector may seize and retain the licence and any identity card so issued.
  3. A person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding €2,000.

Section 36 - Notification of conviction of offence

  1. An applicant for a licence, or a licensee, who is convicted of an offence (other than a prescribed offence) or against whom proceedings for such an offence are pending, under the law of the State of another State, shall notify the Authority of the conviction or proceedings in the prescribed manner within the prescribed period and supply the Authority with the prescribed particulars thereof.
  2.  A licensee shall, within the prescribed period, reported to the Authority such other matter may be prescribed.
  3. A person who contravenes subsection (1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding €4,000 or imprisonment for a term not exceeding 12 months or both.
  4. A person shall not be convicted of an offence under this section if the court is satisfied that, in the case of an applicant of a licensee who has been convicted of an offence, or against whom proceedings for an offence are pending, in a place other than the State, the offence does not correspond with any offence under the law of the State.

Section 37 - Prohibition of unlicensed security service

  1. A person shall not provide a security service insofar as this Act has come into operation as respects the security service concerned and shall not hold him or herself or represent him or herself by –
    • Advertisement,
    • Displaying any shield, card or other object purporting to indicate that he or she is a licensee,
    • Otherwise,
    as available to provide such a service unless the individual is the holder of a licence under this Act authorising him or her to provide that particular service.
  2. Subsection (1) applies, with the necessary modifications, in relation to a body corporate and an unincorporated body of persons as it applies in relation to an individual.
  3. A person who contravenes subsection (1) is guilty of an offence and liable –(a) on summary conviction, to a fine not exceeding €4,000 or imprisonment for a term not exceeding 12 months or both, or (b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.

Section 38 - Prohibition of employment of unlicensed person

  1. A person shall not employ a person, or engage an independent contractor, to provide a security service if that person or the contractor is required to, but does not, hold a licence to provide the service.
  2.  A person who contravenes subsection (1) is liable-
    a) on summary conviction, to a fine not exceeding €4,000 or imprisonment for a term not exceeding 12 months or both, or
    b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.
  3.  In any proceedings for a contravention of subsection (1) it is a defence to provide that the person providing the security service produced to the defendant-
    a) If the person is an individual, his or her identity card or licence, or
    b) If not, the person’s licence.

Section 44 - Prior notification by relevant person of conviction or criminal proceedings

  1. A relevant person has been convicted of an offence (other than a prescribed offence), or against whom proceedings for such an offence are pending, under the law of the State or another State shall, before providing a security service in the State, notify the Authority in the prescribed manner of the conviction or proceedings and supply the Authority with prescribed particulars thereof.
  2. Subject to section 27, on receiving the notification are becoming otherwise aware of the conviction or proceeding the Authority may, if it in its opinion the relevant person is not a fit and proper person to provide security service in the State, prohibit the person from providing such security service or so prohibit the person for specified period.
  3. The relevant person who contravenes subsection (1) or who provides the Security service in contravention of the prohibition under subsection (2) is guilty of an offence and liable on summary conviction to a fine not exceeding €4,000 or imprisonment for a term not exceeding 12 months of both.
  4.  A person shall not be convicted of an offence under this section if the Court is satisfied that, in the case of a person who has been convicted of an offence, or against whom proceedings for an offence are pending, in a place other than the state, the offence does not correspond with any offence under the law of the State.

Section 48 - General offence:

  1.  Any person who –
    a) makes any false or misleading statement in any application or notice of appeal under this Act or in any document required there under or otherwise gives false or misleading information to the Authority or Appeal Board,
    b) being a licensee who has been notified of the suspension or revocation of the licence, produces the licence or identity card to any other person with a view to providing a security service for that person, or
    c) being a licensee, fails or refuses to keep any prescribed records or to furnish to the Authority any prescribed information or returns.
    is guilty of an offence and liable on summary conviction to a fine not exceeding €4,000 or imprisonment for a term not exceeding 12 months or both.

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