Arrest for Investigation

Table of Contents

District Court Rules

Order 31

Proceedings under Criminal Justice Act 1984, etc.

Proceedings under

– Criminal Justice Act 1984

– Criminal Justice Act 2006, section 5

– International Criminal Court Act 2006, sections 50 and 50A

– Criminal Justice (Mutual Assistance) Act 2008, sections 79, 79A and 79B

– Criminal Procedure Act 2010, sections 16 and 17

– Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

Definitions

1. In this Order—

the “Act of 1984” means the Criminal Justice Act 1984 (No. 22 of 1984);

the “Act of 2006” means the Criminal Justice Act 2006 (No. 26 of 2006);

the “Act of 2008” means the Criminal Justice (Mutual Assistance) Act 2008 (No. 7 of 2008);

the “Act of 2010” means the Criminal Procedure Act 2010 (No. 27 of 2010);

the “Act of 2014” means the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (No. I l of 2014);

“Commissioner” means the Commissioner of the Garda Síochána;

each of the expressions “body”, “DNA Database System”, “DNA profile”, Intimate sample”, “non-intimate sample” and “reference index” has the same meaning as in section 2(1) of the Act of 2014;

“protected person” has the same meaning as in section 2(1), subject to section 2(2), of the Act of 2014.

Appeals against extension of period of retention or refusal of

2. (1) An appeal under:

(a) section 81(11) of the Act of 2014 against the Commissioner’s authorisation under section 81 (4), section 81(5) or section 81 (6) of the Act of 2014 extending a period of retention (save where the person to whom the appeal relates is a child (including a child who is a protected person)),

(b) section 83(9) of the Act of 2014 against a refusal or deemed refusal of an application for removal of a DNA profile from the DNA Database System (save where the person to whom the appeal relates is a child (including a child who is a protected person)), or

(c) section 8A(6) of the Act of 1984 (inserted by section 103 of the Act of 2014) against the Commissioner’s authorisation under section 8A(3) or section 8A(4) of the Act of 1984 extending a period of retention.

shall be brought before the Court by the issue and service on the Commissioner as respondent of a notice of appeal in the Form 31.1, 31.1A or 31.1B, Schedule B, as appropriate. Such notice shall be served upon the respondent at least seven days before the date fixed for the hearing of the appeal. The original notice together with a statutory declaration as to service thereof shall be lodged with the Clerk at least four days before the date fixed for the hearing of the appeal.

(2) An appeal under section 81 (11) or section 83(9) of the Act of 2014 or section 8A(6) of the Act of 1984 shall be heard otherwise than in public.

Order of the Court

3. The order of the Court on the appeal shall be in the Form 31.2, Schedule B.

Application for order to arrest

4. (1) An application under section 10 of the Act of 1984 for an Order to arrest shall be made by the information on oath and in writing, in the Form 31.3, Schedule B, of a member of the Garda Síochána not below the rank of superintendent.

(2) An application under section 16 or, as the case may be, section 17, of the Act of 2010 for an Order authorising arrest shall be made by the information on oath and in writing, in the Form 31.10, Schedule B, of a member of the Garda Síochána not below the rank of superintendent, and every such application shall be made and heard in accordance with Order 12, rule 4.

Order to arrest

5. (1) The warrant of the Court where an application under section 10 of the Act of 1984 is granted shall be in the Form 31.4, Schedule B.

(2) The order of the Court granting an application under section 16 or, as the case may be, section 17, of the Act of 2010 shall be in the Form 31.11, Schedule B.

Application to extend direction under section 5(9) of 2006 Act

6. An application under section 5(9) of the Act of 2006 by a member of the Garda Síochána not below the rank of superintendent for an order continuing in force a direction under section 5(3) of the Act shall be by information on oath of the member concerned and if in writing shall be in the Form 31.7, Schedule B. Such application shall be made to a Judge of the District Court assigned to the court district wherein is situated the place in respect of which the direction was given. The information shall specify the means by which notice of the informant’s intention to make the application was given to the person or persons specified in section 5(12) of the Act of 2006 or shall state that it has not been reasonably practicable to give such notice.

Application to be heard

7. Where the owner or occupier of the place concerned in an application under section 5(9) of the Act of 2006 intends to apply to be heard by the Court on the application, the owner or occupier shall deliver to the informant and the Clerk before the hearing of the application a notice of such intention in the Form 31.8, Schedule B, provided that the Judge may dispense with the requirement of such notice where he considers it appropriate to do so. Where the owner or occupier of the place concerned has given such notice, the Court may adjourn the application to such time as may be specified so as to give the owner or occupier of the place concerned an opportunity to be heard on the application in accordance with section 5(13) of the Act of 2006.

Order of the Court

8. An order of the Court granting the application shall be in the Form 31.9, Schedule B.

Applications by information under the Act of 2006, the Act of 2008 or the Act of 2014

9. (1) Save where the person to whom the application relates is a child (including a child who is a protected person), an application for any of the following orders may be made to the Court by information on oath and in writing of the applicant in the Form 31.12, Schedule B:

(i) an order mentioned in section 16(1) of the Act of 2014;

(ii) a warrant under section 25(10) of the Act of 2014;

(iii) an order under section 34(6) of the Act of 2014;

(iv) an order under section 35(5) of the Act of 2014;

(v) an order under section 39(4) of the Act of 2014;

(vi) an order under section 56(3) of the Act of 2014;

(vii) an order under section 79A(5) of the Act of 2008 (inserted by section 133 of the Act of 2014);

(viii) an order under section 79A(16) of the Act of 2008 (inserted by section 133 of the Act of 2014);

(ix) an order under section 79B(6) of the Act of 2008 (inserted by section 134 of the Act of 2014);

(x) an order under section 50A(6) of the International Criminal Court Act 2006 (inserted by section 140 of the Act of 2014).

(2) Where the person to whom the application relates is a child (including a child who is a protected person), an application for any of the orders mentioned in sub-rule (l) may be made to the Children Court by information on oath and in writing of the applicant in the Form 31.12, Schedule B, with the necessary modifications.

Application under section 16 of the Act of 2014

10. (1) An information sworn for the purposes of section 16(1) of the Act of 2014 shall include details of (as the case may be):

(i) the facts grounding the matters mentioned in section 16(4)(a) to (d) of the Act of 2014;

(ii) the facts which establish that one of the conditions specified in section 16(1) of the Act of 2014 is satisfied, and

(iii) the means by which and time at which, the protected person concerned and any parent or guardian of that person (other than a parent or guardian to whom section 15(2) of the Act of 2014 applies), was informed in accordance with section 16(2) of the Act of 2014 of the intention to make the application (including the time and place at which it was intended to make the application, and

(iv) the rank of the applicant.

(2) Any application under section 16(3) of the Act of 2014 may be made viva voce at the hearing and shall be determined before consideration of the application under section 16(1) of the Act of 2014.

(3) Where the Court considers it necessary, it may adjourn the hearing of the application and direct a further notification to a parent or guardian of the protected person concerned.

(4) Any application under section 16(7) of the Act of 2014 may be made viva voce at the hearing of the application under section 16(1) of the Act of 2014 and a warrant issued on foot of such application shall be in the Form 31.13, Schedule B.

Application under section 25 of the Act of 2014

11. (1) An information sworn for the purposes of section 25(10) of the Act of 2014 shall include details of:

(i) the facts which establish that each of the conditions specified in section 25(11)(a) to (d) of the Act of 2014 is satisfied, and

(ii) the rank of the applicant.

(2) A warrant issued on foot of such application shall be in the Form 31.14, Schedule B.

Application under section 34 of the Act of 2014

12. An information sworn for the purposes of section 34(6) of the Act of 2014 shall include details of:

(i) the facts which establish that each of the conditions specified in section 34(5) and section 34(6)(a) and (b) of the Act of 2014 is satisfied,

(ii) the facts which establish compliance with sections 34(2), (3) and (4) of the Act of 2014, and

(iii) the rank of the applicant.

Application under section 35 of the Act of 2014

13. (1) An information sworn for the purposes of section 35(2) of the Act of 2014 shall include details of:

(i) the facts which establish that each of the conditions specified in section 35(5)(a) to (c) of the Act of 2014 is satisfied, and

(ii) the facts which establish compliance with section 35(3) of the Act of 2014 or, as the case may be, grounding an opinion mentioned in section 35(4) of the Act of 2014, and

(iii) where an application is intended to be made under section 35(7) of the Act of 2014, the grounds for believing orders authorising (i) the entry and search of a place where it is believed the body of the deceased person concerned is located, and/or (ii) if appropriate, the seizure of the body of that person, are necessary for the taking of the sample concerned, and

(iv) the rank of the applicant.

(2) Any application under section 35(7) of the Act of 2014 may be made viva voce at the hearing and shall not be determined before consideration of the application under section 35(2) of the Act of 2014, and any order made on an application under section 35(7) of the Act of 2014 shall be in the Form 31.15, Schedule B.

(3) Where the Court considers it necessary, it may adjourn the hearing of the application and direct a further notification to a member of the family of the deceased person concerned.

Application under section 39 of the Act of 2014

14. An information sworn for the purposes of section 39(4) of the Act of 2014 shall include details of:

(i) the facts which establish that either of the conditions specified in section 39(5)(a) and each of the conditions specified in section 39(5)(b), (c) and (d) of the Act of 2014 is satisfied,

(ii) the facts which establish compliance with sections 39(1), (2) and (3) of the Act of 2014,

(iii) the fact that no previous order under section 39(4) of the Act of 2014 has been made in respect of the former offender concerned;

(iv) the fact that the former offender is not a former offender who falls under section 33(1)(b) of the Act of 2014 or, where the former offender is a former offender who falls under section 33(1)(b) of the Act of 2014, a second sample has not been taken from him or her in accordance with section 38 of the Act of 2014, and

(v) the rank of the applicant.

Application under section 56 of the Act of 2014

15. An information sworn for the purposes of section 56(1) of the Act of 2014 shall include details of:

(i) the facts grounding the matters mentioned in section 56(2)(a) to (d) of the Act of 2014;

(ii) the attempts made to secure the consent mentioned in section 54(4) of the Act of 2014 or, as the case may be, of the existence of the circumstances described in section 54(5) of the Act of 2014;

(iii) the rank of the applicant.

Application under section 79A(4) of the Act of 2008

16. An information sworn for the purposes of section 79A(4) of the Act of 2008 shall include details of:

(i) the facts which establish that the request for the identification evidence concerned comes within section 79A(1) of the Act of 2008;

(ii) the facts which establish compliance with section 79(1) of the Act of 2008o

(iii) the facts which establish compliance with section 79A(2) of the Act of 2008 and that the person concerned did not consent to provide a DNA sample;

(iv) the facts which establish that the conduct alleged to constitute the offence concerned would, if it took place in the State, constitute a relevant offence, and

(v) the rank of the applicant.

Application under section 79A (16) of the Act of 2008

17. An information sworn for the purposes of section 79A(15) of the Act of 2008 shall include details of:

(i) the facts which establish that the circumstances or conditions specified in section 79A(16)(i), (ii) and (iii) of the Act of 2008 are satisfied, and

(ii) the rank of the applicant.

Application under section 79B of the Act of 2008

18. An information sworn for the purposes of section 79B of the Act of 2008 shall include details of:

(i) the facts which establish that the request for the identification evidence concerned complies with section 79(1) of the Act of 2008;

(ii) the facts grounding each of the matters mentioned in paragraphs (i) to (iii) of section 79B(4)(b) of the Act of 2008;

(iii) the facts which establish that one of the conditions mentioned in section 79B(1) of the Act of 2008 is satisfied, and

(iv) the rank of the applicant.

Application under section 50A(6) of the International Criminal Court Act 2006

19. An information sworn for the purposes of section 50A(l) of the International Criminal Court Act 2006 (inserted by section 140 of the Act of 2014) shall include details of:

(i) the facts which establish that the request for the identification evidence concerned complies with section 50(2) and section 50(3) of the International Criminal Court Act 2006 ;

(ii) the facts grounding each of the matters mentioned in paragraphs (i) to (iii) of section 50(4)(b) of the International Criminal Court Act 2006 ;

(iii) the facts which establish that one of the conditions mentioned in section 50A(l) of the International Criminal Court Act 2006 is satisfied, and

(iv) the rank of the applicant.

Applications by notice of application under the Act of 2008 or the Act of 2014

20. (1) An application for any of the following orders under the Act of 2014 may be made to the Court by the issue and service of a notice in the Form 31.5, Schedule B:

(i) an order under section 93(1) of the Act of 2014;

(ii) an order under section 93(2) of the Act of 2014;

(iii) an order under section 93(3) of the Act of 2014;

(iv) an order under section 79(11A) of the Act of 2008 (inserted by section 132 of the Act of 2014);

(v) an order under section 50(13A) of the International Criminal Court Act 2006 (inserted by section 139 of the Act of 2014).

(2) Such notice shall be served upon the respondent, i.e. the person from whom the sample was taken or is intended to be taken or if that person is a protected person, if appropriate, the person who gave consent to the taking of the sample concemed from the protected person, (or in the case of identification evidence, the person from whom the identification evidence concerned was taken, and any person who gave consent to the taking of that identification evidence from that person), at least seven days before the date fixed for hearing the application.

(3) Service of the notice shall be effected by a member of the Garda Síochána in accordance with the relevant provisions of Order 10. In all other cases service may be effected in accordance with the provisions of Order 10 or, in case of urgency, by ordinary post.

(4) When service has been effected the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the said date of hearing.

Appeal under the Act of 2014

21. An appeal to the Court under section 77(6) of the Act of 2014 shall be brought in accordance with Order 40D.

Order 31 substituted in full by SI 499 of 2020, effective 10 November 2020.

CRIMINAL JUSTICE ACT, 1951.

(CRIMINAL JUSTICE ACT 1984)

Proceedings after arrest.

26.—The following section shall be substituted for section 15 of the Criminal Justice Act, 1951:

“15.—(1) A person arrested pursuant to a warrant shall on arrest be brought before a justice of the District Court having jurisdiction to deal with the offence concerned or, if a justice is not immediately available, before a peace commissioner in the district of such a justice as soon as practicable.

(2) A person arrested without warrant shall, on being charged with an offence, be brought before a justice of the District Court having jurisdiction to deal with the offence or, if a justice is not immediately available, before a peace commissioner in the district of such a justice as soon as practicable.

(3) Where a person is arrested pursuant to a warrant later than the hour of 10 o’clock on any evening or, having been arrested without warrant, is charged after that hour and a justice is due to sit in the District Court district in which the person was arrested not later than noon on the following day, it shall be sufficient compliance with subsection (1) or (2), as the case may be, if he is brought before a justice at the commencement of the sitting.

(4) If the person is brought before a peace commissioner, the commissioner, having heard the evidence offered, shall remand him, either in custody or on such bail as the commissioner thinks fit, and remit the case for hearing before a justice of the District Court having jurisdiction to deal with it.

(5) If the accused is remanded on bail and there and then finds bail, the case shall be remitted to the next sitting of the court.

(6) In any other event, the case shall be remitted to a sitting of the court at a named place to be held within eight days after the arrest.

(7) This section is without prejudice to the provisions of any enactment relating to proceedings after arrest or charge in particular cases.”.

CRIMINAL LAW ACT, 1976

AN ACT TO AMEND THE CRIMINAL LAW. [24th September, 1976]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act—

“the Act of 1939” means the Offences against the State Act, 1939 ;

“the Defence Forces” means the Permanent Defence Force within the meaning of the Defence Act, 1954 ;

“prison” includes Saint Patrick’s Institution, any place provided under section 2 of the Prisons Act, 1970 , any place in which persons are kept in military custody pursuant to section 2 of the Prisons Act, 1972 , or any place specified to be used as a prison under section 3 of that Act, and “governor” and “prison officer” shall be construed accordingly;

“unlawful organisation” means an organisation which is an unlawful organisation within the meaning and for the purposes of the Act of 1939.

Penalties for certain offences under Act of 1939.

2.—(1) The maximum penalty for a felony under section 6 of the Act of 1939 shall be imprisonment for 20 years and, accordingly, section 6 (1) of that Act is hereby amended by the substitution of “to imprisonment for a term not exceeding 20 years” for “to suffer penal servitude for a term not exceeding ten years or to imprisonment for a term not exceeding two years”.

(2) The maximum penalty for a misdemeanour under section 6 of the Act of 1939 shall be imprisonment for 20 years and, accordingly, section 6 (2) of that Act is hereby amended by the substitution of “imprisonment for a term not exceeding 20 years” for “imprisonment for a term not exceeding two years”.

(3) The maximum penalty for a felony under section 7 of the Act of 1939 shall be imprisonment for 20 years and, accordingly, section 7 (1) of that Act is hereby amended by the substitution of “to imprisonment for a term not exceeding 20 years” for “to suffer penal servitude for a term not exceeding seven years or to imprisonment for a term not exceeding two years”.

(4) The maximum penalty for a misdemeanour under section 7 of the Act of 1939 shall be imprisonment for 20 years and, accordingly, section 7 (2) of that Act is hereby amended by the substitution of “imprisonment for a term not exceeding 20 years” for “imprisonment for a term not exceeding two years”.

(5) The maximum penalty for an offence under section 15 of the Act of 1939 shall be imprisonment for 15 years and, accordingly, section 15 (3) of that Act is hereby amended by the substitution of “15 years” for “two years”.

(6) The maximum penalty for an offence under section 21 of the Act of 1939 shall be, in the case of a conviction on indictment, imprisonment for 7 years and, accordingly, section 21 (2) of that Act is hereby amended by the substitution in paragraph (b) of “7 years” for “two years”.

(7) The maximum penalty for an offence under section 27 of the Act of 1939 shall be a fine of £500 or imprisonment for 12 months or both and, accordingly, section 27 (4) of that Act is hereby amended by the substitution of “£500” for “fifty pounds” and “12 months” for “three months”.

Incitement or invitation to join etc. an unlawful organisation.

3.—Any person who recruits another person for an unlawful organisation or who incites or invites another person (or other persons generally) to join an unlawful organisation or to take part in, support or assist its activities shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years.

Amendment of section 25 of Act of 1939.

4.—Section 25 of the Act of 1939 is hereby amended—

(a) by the substitution of “12 months” for “three months” in subsections (1) and (2), and

(b) by the addition of the following subsection:

“(6) Whenever a closing order has been extended, a member of the Garda Síochána not below the rank of chief superintendent may extend the operation of such closing order for a further period or periods each of which shall not exceed 12 months, but a closing order shall not be in operation for more than three years.”.

Search warrants relating to commission of offences under Act of 1939 etc.

5.—The following section is hereby substituted for section 29 of the Act of 1939 :

“29.—(1) Where a member of the Garda Síochána not below the rank of superintendent is satisfied that there is reasonable ground for believing that evidence of or relating to the commission or intended commission of an offence under this Act or the Criminal Law Act, 1976, or an offence which is for the time being a scheduled offence for the purposes of Part V of this Act, or evidence relating to the commission or intended commission of treason, is to be found in any building or part of a building or in any vehicle, vessel, aircraft or hovercraft or in any other place whatsoever, he may issue to a member of the Garda Síochána not below the rank of sergeant a search warrant under this section in relation to such place.

(2) A search warrant under this section shall operate to authorise the member of the Garda Síochána named in the warrant, accompanied by any members of the Garda Síochána or the Defence Forces, to enter, within one week from the date of the warrant, and if necessary by the use of force, any building or part of a building or any vehicle, vessel, aircraft or hovercraft or any other place named in the warrant, and to search it and any person found there, and to seize anything found there or on such person.

(3) A member of the Garda Síochána or the Defence Forces acting under the authority of a search warrant under this section may—

(a) demand the name and address of any person found where the search takes place, and

(b) arrest without warrant any such person who fails or refuses to give his name and address when demanded, or gives a name or address which is false or misleading or which the member with reasonable cause suspects to be false or misleading.

(4) Any person who obstructs or attempts to obstruct any member of the Garda Síochána or the Defence Forces acting under the authority of a search warrant under this section or who fails or refuses to give his name and address when demanded, or gives a name or address which is false or misleading, shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £500 or to imprisonment for a term not exceeding 12 months, or to both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(5) Any reference in subsection (1) of this section to an offence includes a reference to attempting or conspiring to commit the offence.”.

Escape from custody.

6.—(1) Any person who—

(a) aids any person in escaping or attempting to escape from lawful custody or, with intent to facilitate the escape of any person from lawful custody or enable a person after escape to remain unlawfully at large, or with intent to cause injury to persons or property in a place where a person is in lawful custody, conveys any article or thing into or out of such a place or to a person in such a place or places any article or thing inside or outside such a place, or

(b) makes, or takes part in, any arrangement for the purpose of enabling a person to escape from lawful custody, facilitating such an escape, enabling a person after escape to remain unlawfully at large, or causing injury to persons or property in a place where a person is in lawful custody,

shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years.

(2) Any person who, contrary to any rules or regulations in force in relation to a prison, conveys or attempts to convey any article or thing into or out of the prison or to a person in the prison, or places any article or thing in any place inside or outside the prison with intent that it shall come into the possession of a person in the prison, shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £500 or to imprisonment for a term not exceeding 12 months, or to both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(3) A prison officer may in the interests of security search any person at any time while he is in a prison or while he is in the custody of the governor of a prison.

Power of Garda Síochána in relation to certain arrested persons.

7.—(1) Where a person is in custody under the provisions of section 30 of the Act of 1939 or section 2 of the Emergency Powers Act, 1976, a member of the Garda Síochána may do all or any of the following in respect of him :

(a) demand of him his name and address;

(b) search him or cause him to be searched;

(d) take, or cause to be taken, his fingerprints and palm prints;

(e) make or cause to be made any test designed for the purpose of ascertaining whether he has been in contact with any firearm (within the meaning of the Firearms Acts, 1925 to 1971) or with any explosive substance (within the meaning of the Explosive Substances Act, 1883 ) and for that purpose take swabs from his skin or samples of his hair;

(f) seize and retain for testing anything that he has in his possession.

(2) Any person who obstructs or attempts to obstruct any member of the Garda Síochána or any other person acting under the powers conferred by subsection (1) of this section, or who fails or refuses to give his name and address when demanded, or gives a name or address which is false or misleading, shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £500 or to imprisonment for a term not exceeding 12 months, or to both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

Power of Garda Síochána to search vehicles and persons in vehicles.

8.—(1) This section applies to:

(a) an offence under the Act of 1939 or an offence that is for the time being a scheduled offence for the purposes of Part V of that Act;

(b) an offence under section 2 or 3 of the Criminal Law (Jurisdiction) Act, 1976 ;

(d) an offence under section 23 , 23A or 23B of the Larceny Act, 1916 ;

(e) an offence of malicious damage to property involving the use of fire or of any explosive substance (within the meaning of section 7 (1) (e) of this Act);

(f) an offence under the Firearms Acts, 1925 to 1971;

(g) escape from lawful custody;

(h) an offence under section 11 of the Air Navigation and Transport Act, 1973 , or under section 10 of the Criminal Law (Jurisdiction) Act, 1976 ;

(i) an offence under this Act.

(2) Where a member of the Garda Síochána who with reasonable cause suspects that an offence to which this section applies has been, is being or is about to be committed requires a person to stop a vehicle with a view to ascertaining whether—

(a) any person in or accompanying the vehicle has committed, is committing or is about to commit the offence, or

(b) evidence relating to the commission or intended commission of the offence by any person is in or on the vehicle or on any person in or accompanying it,

he may search the vehicle, and if (whether before or after the commencement of the search) he suspects with reasonable cause that any of the facts mentioned in paragraph (a) or (b) above exists, he may search any person in or accompanying the vehicle.

(3) A member of the Garda Síochána may use reasonable force in order to compel a person to comply with a requirement to stop a vehicle, and such force may include the placing of a barrier or other device in the path of vehicles.

(4) Any reference in subsection (1) of this section to an offence includes a reference to attempting or conspiring to commit the offence.

Power to retain articles seized.

9.—(1) Where in the course of exercising any powers under this Act or in the course of a search carried out under any other power, a member of the Garda Síochána, a prison officer or a member of the Defence Forces finds or comes into possession of anything which he believes to be evidence of any offence or suspected offence, it may be seized and retained for use as evidence in any criminal proceedings, or in any proceedings in relation to a breach of prison discipline, for such period from the date of seizure as is reasonable or, if proceedings are commenced in which the thing so seized is required for use in evidence, until the conclusion of the proceedings, and thereafter the Police (Property) Act, 1897 , shall apply to the thing so seized in the same manner as that Act applies to property which has come into the possession of the Garda Síochána in the circumstances mentioned in that Act.

(2) If it is represented or appears to a person proposing to seize or retain a document under this section that the document was, or may have been, made for the purpose of obtaining, giving or communicating legal advice from or by a barrister or solicitor, that person shall not seize or retain the document unless he suspects with reasonable cause that the document was not made, or is not intended, solely for any of the purposes aforesaid.

Prohibition of possession of photographs etc. of certain buildings.

10.—(1) A person in lawful custody in any prison, Garda station or courthouse shall not have in his possession any photograph, film, illustration, drawing, sketch, map, plan or other representation of or note concerning any part of the interior or exterior of any prison, Garda station or courthouse without the permission of the governor (if he is in a prison), of the member of the Garda Síochána in charge (if he is in a Garda station) or of the court before which the person in question is appearing or is to appear (if he is in a courthouse), and any such person who has any such representation or note in his possession without that permission shall, unless he has it in his possession when taken into custody and discloses that fact on being informed that possession of any such representation or note without permission is forbidden, be guilty of an offence.

(2) (a) A person who is in or in the precincts of a prison, Garda station or courthouse and while there intends to visit or meet, or has visited or met, a person in lawful custody in that prison, station or courthouse shall not have in his possession any representation or note which is referred to in subsection (1) of this section without the permission specified in that subsection, and any person who has any such representation or note in his possession without that permission shall be guilty of an offence if he has been informed orally or by written notice that possession of any such representation or note without that permission is forbidden.

(b) Notwithstanding paragraph (a) of this subsection, if a person applies for the permission specified in subsection (1) of this section at the first available opportunity after arrival at the prison, Garda station or courthouse, he shall not be guilty of an offence under this subsection unless and until the permission is refused and he continues to retain possession of the representation or note.

(3) Nothing in this section shall make it unlawful for a person to have in his possession in a courthouse any representation or note which is referred to in subsection (1) of this section and is intended for production, use or reference in any proceedings that are taking place, are about to take place or have taken place in that court-house.

(4) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding £500 or to imprisonment for a term not exceeding 12 months, or to both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

Certain offences to be felonies.

11.—(1) The offences of kidnapping and false imprisonment and an offence under section 10 of the Criminal Law (Jurisdiction) Act, 1976 , shall be felonies.

(2) A person guilty of kidnapping or guilty of false imprisonment shall be liable on conviction on indictment to imprisonment for life.

Prohibition of giving certain false information.

12.—Any person who—

(a) knowingly makes a false report or statement tending to show that an offence has been committed, whether by himself or another person, or tending to give rise to apprehension for the safety of persons or property, or

(b) knowingly makes a false report or statement tending to show that he has information material to any inquiries by the Garda Síochána and thereby causes the time of the Garda Síochána to be wastefully employed,

shall be guilty of an offence and shall be liable—

(i) on summary conviction, to a fine not exceeding £500 or to imprisonment for a term not exceeding 12 months, or to both, or

(ii) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

Offence committed while serving sentence.

13.—(1) Any sentence of penal servitude or imprisonment or of detention in Saint Patrick’s Institution passed on a person for an offence committed while he is serving any such sentence shall be consecutive on the sentence that he is serving or, if he is serving or is due to serve more than one sentence, on the sentence last due to expire, so however that, where two or more consecutive sentences as required by this section are passed by the District Court, the aggregate term of imprisonment or detention in respect of those consecutive sentences shall not exceed twelve months.

(2) Subsection (1) of this section shall not apply in any case where the sentence being served or to be passed is a sentence of penal servitude for life or imprisonment for life.

(3) Subsection (1) of this section shall apply notwithstanding any thing contained in section 5 of the Criminal Justice Act, 1951 .

Restriction of meaning of “document” in sections 13 and 14 of Act of 1939.

14.—In sections 13 and 14 of the Act of 1939, “document” does not include any of the things specified in the amendment of the definition of “document” made by section 5 of the Offences against the State (Amendment) Act, 1972.

Power of Defence Forces to arrest and search in certain circumstances.

15.—(1) The powers conferred by subsections (3) and (4) of this section may be exercised only in accordance with subsection (2) of this section.

(2) Whenever a member of the Garda Síochána not below the rank of superintendent requests an officer of the Defence Forces to make members of the Defence Forces available for the purpose of the exercise of the powers conferred by subsections (3) and (4) of this section during a period specified in the request, the officer may make—

(a) himself and one or more members of the Defence Forces under his command, or

(b) one or more members of the Defence Forces under his command,

available for the purpose aforesaid, and a member of the Defence Forces made available as aforesaid may, while on duty in uniform during the period specified in the request, exercise the powers conferred by the said subsections (3) and (4).

(3) (a) A member of the Defence Forces who with reasonable cause suspects that an offence to which section 8 of this Act applies has been, is being or is about to be committed may require a person to stop a vehicle with a view to ascertaining whether—

(i) any person in or accompanying the vehicle has committed, is committing or is about to commit the offence, or

(ii) evidence relating to the commission or intended commission of the offence by any person is in or on the vehicle or on any person in or accompanying it,

and he may search the vehicle, and if (whether before or after the commencement of the search) he suspects with reasonable cause that any of the facts mentioned in subparagraph (i) or (ii) above exists, he may search any person in or accompanying the vehicle.

(b) A member of the Defence Forces may use reasonable force in order to compel a person to comply with a requirement to stop a vehicle, and such force may include the placing of a barrier or other device in the path of vehicles.

(4) (a) A member of the Defence Forces may arrest without warrant a person whom he, with reasonable cause, suspects to be in the act of committing, of having committed or of being about to commit an offence to which section 8 of this Act applies and in relation to which a member of the Garda Síochána would be entitled, if he so suspected, to arrest the person.

(b) For the purpose of arresting a person under this subsection, a member of the Defence Forces shall have the same power to enter and search any building or part of a building or any vehicle, vessel, aircraft or hovercraft or any other place as a member of the Garda Síochána would have in like circumstances.

(5) A person arrested under this section shall, as soon as may be, be delivered into the custody of the Garda Síochána or released and shall in any event, if he has not then been so delivered, be released upon the expiration of 6 hours from the time of his arrest.

(6) A person effecting an arrest under this section complies with any rule of law requiring him to state the ground of arrest if he states that he is effecting an arrest as a member of the Defence Forces because he suspects the person being arrested of being in the act of committing, of having committed or of being about to commit, as the case may be, an offence to which section 8 of this Act applies.

(7) (a) Where a power conferred by subsection (3) or (4) of this section is exercised, a certificate signed by an officer of the Defence Forces not below the rank of commandant and stating—

(i) that a request was made under subsection (2) of this section on a specified date by a member of the Garda Síochána not below the rank of superintendent named in the certificate to an officer of the Defence Forces named in the certificate,

(ii) that the power aforesaid was exercised by the officer named in the certificate or, as the case may be, by a member or members of the Defence Forces under his command or by that officer and a member or members of the Defence Forces under his command, and that, at the time of such exercise, those exercising the power were on duty in uniform and had been made available pursuant to the request aforesaid, and

(iii) that the power aforesaid was exercised during the period specified in the request.

shall, without proof of the signature of the person purporting to have signed the certificate or that he was an officer of the Defence Forces not below the rank of commandant, be evidence in any proceedings of the matters certified in and by the certificate.

(b) Where a power conferred by subsection (3) or (4) of this section is exercised, a certificate signed by a member of the Garda Síochána not below the rank of superintendent and stating that a request was made under subsection (2) of this section on a specified date by a member of the Garda Síochána not below the rank of superintendent named in the certificate to an officer of the Defence Forces named in the certificate shall, without proof of the signature of the person purporting to have signed the certificate or that he was a member of the Garda Síochána not below the rank of superintendent, be evidence in any proceedings of the matters certified in and by the certificate.

(8) This section shall have effect only as long as the Emergency Powers Act, 1976 is in force.

Short title and application.

16.—(1) This Act may be cited as the Criminal Law Act, 1976.

(2) Sections 2 and 11 of this Act shall not apply in relation to offences committed before the passing of this Act and the reference in section 13 (1) of this Act to an offence is a reference to an offence committed after such passing.

CRIMINAL JUSTICE ACT 2007

PART 4

Inferences to be Drawn in Certain Circumstances

Inferences from failure or refusal to account for objects, marks, etc.

28.— (1) The Act of 1984 is amended by the substitution of the following section for section 18:

“18.— (1) Where in any proceedings against a person for an arrestable offence evidence is given that the accused—

(a) at any time before he or she was charged with the offence, on being questioned by a member of the Garda Síochána in relation to the offence, or

(b) when being charged with the offence or informed by a member of the Garda Síochána that he or she might be prosecuted for it,

was requested by the member to account for any object, substance or mark, or any mark on any such object, that was—

(i) on his or her person,

(ii) in or on his or her clothing or footwear,

(iii) otherwise in his or her possession, or

(iv) in any place in which he or she was during any specified period,

and which the member reasonably believes may be attributable to the participation of the accused in the commission of the offence and the member informed the accused that he or she so believes, and the accused failed or refused to give an account, being an account which in the circumstances at the time clearly called for an explanation from him or her when so questioned, charged or informed, as the case may be, then, the court, in determining whether a charge should be dismissed under Part IA of the Criminal Procedure Act 1967 or whether there is a case to answer and the court (or, subject to the judge’s directions, the jury) in determining whether the accused is guilty of the offence charged (or of any other offence of which he or she could lawfully be convicted on that charge) may draw such inferences from the failure or refusal as appear proper; and the failure or refusal may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence in relation to which the failure or refusal is material.

(2) A person shall not be convicted of an offence solely or mainly on an inference drawn from a failure or refusal to account for a matter to which subsection (1) applies.

(3) Subsection (1) shall not have effect unless—

(a) the accused was told in ordinary language when being questioned, charged or informed, as the case may be, what the effect of the failure or refusal to account for a matter to which that subsection applies might be, and

(b) the accused was afforded a reasonable opportunity to consult a solicitor before such failure or refusal occurred.

(4) Nothing in this section shall, in any proceedings—

(a) prejudice the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his or her presence relating to the conduct in respect of which he or she is charged in so far as evidence thereof would be admissible apart from this section,

(b) be taken to preclude the drawing of any inference from the silence or other reaction of the accused which could properly be drawn apart from this section, or

(c) be taken to preclude the drawing of any inference from a failure or refusal to account for the presence of an object, substance or mark or for the condition of clothing or footwear which could properly be drawn apart from this section.

(5) The court (or, subject to the judge’s directions, the jury) shall, for the purposes of drawing an inference under this section, have regard to whenever, if appropriate, the account of the matter concerned was first given by the accused.

(6) This section shall not apply in relation to the questioning of a person by a member of the Garda Síochána unless it is recorded by electronic or similar means or the person consents in writing to it not being so recorded.

(7) Subsection (1) shall apply to the condition of clothing or footwear as it applies to a substance or mark thereon.

(8) References in subsection (1) to evidence shall, in relation to the hearing of an application under Part IA of the Criminal Procedure Act 1967 for the dismissal of a charge, be taken to include a statement of the evidence to be given by a witness at the trial.

(9) In this section ‘arrestable offence’ has the meaning it has in section 2 (as amended by section 8 of the Criminal Justice Act 2006) of the Criminal Law Act 1997.”.

(2) This section shall not apply to a failure or refusal to account for the presence of an object, substance or mark or for the condition of clothing or footwear if the failure or refusal occurred before the commencement of this section.

(3) Subsection (1) shall not affect the application of section 18 of the Act of 1984 to a failure or refusal to account for the presence of an object, substance or mark or for the condition of clothing or footwear if the failure or refusal occurred before the commencement of this section, and that section shall apply to such a failure or refusal as if subsection (1) had not been enacted.

Inferences from failure or refusal to account for accused’s presence at a particular place.

29.— (1) The Act of 1984 is amended by the substitution of the following section for section 19:

“19.— (1) Where in any proceedings against a person for an arrestable offence evidence is given that the accused—

(a) at any time before he or she was charged with the offence, on being questioned by a member of the Garda Síochána in relation to the offence, or

(b) when being charged with the offence or informed by a member of the Garda Síochána that he or she might be prosecuted for it,

was requested by the member to account for his or her presence at a particular place at or about the time the offence is alleged to have been committed, and the member reasonably believes that the presence of the accused at that place and at that time may be attributable to his or her participation in the commission of the offence and the member informed the accused that he or she so believes, and the accused failed or refused to give an account, being an account which in the circumstances at the time clearly called for an explanation from him or her when so questioned, charged or informed, as the case may be, then, the court, in determining whether a charge should be dismissed under Part IA of the Criminal Procedure Act 1967 or whether there is a case to answer and the court (or, subject to the judge’s directions, the jury) in determining whether the accused is guilty of the offence charged (or of any other offence of which he or she could lawfully be convicted on that charge) may draw such inferences from the failure or refusal as appear proper; and the failure or refusal may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence in relation to which the failure or refusal is material.

(2) A person shall not be convicted of an offence solely or mainly on an inference drawn from a failure or refusal to account for his or her presence at a particular place under subsection (1).

(3) Subsection (1) shall not have effect unless—

(a) the accused was told in ordinary language when being questioned, charged or informed, as the case may be, what the effect of the failure or refusal to account for his or her presence at a particular place might be, and

(b) the accused was afforded a reasonable opportunity to consult a solicitor before such failure or refusal occurred.

(4) Nothing in this section shall, in any proceedings—

(b) be taken to preclude the drawing of any inference from the silence or other reaction of the accused which could properly be drawn apart from this section, or

(c) be taken to preclude the drawing of any inference from the failure or refusal of a person to account for his or her presence which could properly be drawn apart from this section.

(5) The court (or, subject to the judge’s directions, the jury) shall, for the purposes of drawing an inference under this section, have regard to whenever, if appropriate, the account of his or her presence at a particular place concerned was first given by the accused.

(7) References in subsection (1) to evidence shall, in relation to the hearing of an application under Part IA of the Criminal Procedure Act 1967 for the dismissal of a charge, be taken to include a statement of the evidence to be given by a witness at the trial.

(8) In this section ‘arrestable offence’ has the meaning it has in section 2 (as amended by section 8 of the Criminal Justice Act 2006) of the Criminal Law Act 1997.”.

(2) This section shall not apply to a failure or refusal of a person to account for his or her presence if the failure or refusal occurred before the commencement of this section.

(3) Subsection (1) shall not affect the application of section 19 of the Act of 1984 to a failure or refusal of a person to account for his or her presence if the failure or refusal occurred before the commencement of this section, and that section shall apply to such a failure or refusal as if subsection (1) had not been enacted.

Inferences from failure of accused to mention particular facts.

30.— The Act of 1984 is amended by the insertion of the following section after section 19:

“19A.— (1) Where in any proceedings against a person for an arrestable offence evidence is given that the accused—

(a) at any time before he or she was charged with the offence, on being questioned by a member of the Garda Síochána in relation to the offence, or

(b) when being charged with the offence or informed by a member of the Garda Síochána that he or she might be prosecuted for it,

failed to mention any fact relied on in his or her defence in those proceedings, being a fact which in the circumstances existing at the time clearly called for an explanation from him or her when so questioned, charged or informed, as the case may be, then, the court, in determining whether a charge should be dismissed under Part IA of the Criminal Procedure Act 1967 or whether there is a case to answer and the court (or, subject to the judge’s directions, the jury) in determining whether the accused is guilty of the offence charged (or of any other offence of which he or she could lawfully be convicted on that charge) may draw such inferences from the failure as appear proper; and the failure may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence in relation to which the failure is material.

(2) A person shall not be convicted of an offence solely or mainly on an inference drawn from a failure to mention a fact to which subsection (1) applies.

(3) Subsection (1) shall not have effect unless—

(a) the accused was told in ordinary language when being questioned, charged or informed, as the case may be, what the effect of the failure to mention a fact to which that subsection applies might be, and

(b) the accused was afforded a reasonable opportunity to consult a solicitor before such failure occurred.

(4) Nothing in this section shall, in any proceedings—

(b) be taken to preclude the drawing of any inference from the silence or other reaction of the accused which could properly be drawn apart from this section.

(5) The court (or, subject to the judge’s directions, the jury) shall, for the purposes of drawing an inference under this section, have regard to when the fact concerned was first mentioned by the accused.

(7) Subject to section 7 of the Criminal Justice (Drug Trafficking) Act 1996 and section 5 of the Offences Against the State (Amendment) Act 1998, this section shall not apply in relation to a failure to mention a fact if the failure occurred before the commencement of this section.

(9) In this section ‘arrestable offence’ has the meaning it has in section 2 (as amended by section 8 of the Criminal Justice Act 2006) of the Criminal Law Act 1997.”.

Amendment of section 2 of Offences Against the State (Amendment) Act 1998.

31.— (1) Section 2 of the Offences Against the State (Amendment) Act 1998 is amended—

(a) in subsection (1), by—

(i) the substitution of “in determining whether a charge should be dismissed under Part IA of the Criminal Procedure Act 1967” for “in determining whether to send forward the accused for trial”, and

(ii) the substitution of “a person shall not be convicted of the offence solely or mainly on an inference drawn from such a failure” for “a person shall not be convicted of the offence solely on an inference drawn from such a failure”,

(b) by the substitution of the following subsection for subsection (2):

“(2) Subsection (1) shall not have effect unless—

(a) the accused was told in ordinary language when being questioned what the effect of such a failure might be, and

(b) the accused was afforded a reasonable opportunity to consult a solicitor before such a failure occurred.”,

and

“(3A) The court (or, subject to the judge’s directions, the jury) shall, for the purposes of drawing an inference under this section, have regard to whenever, if appropriate, an answer to the question concerned was first given by the accused.

(3B) This section shall not apply in relation to the questioning of a person by a member of the Garda Síochána unless it is recorded by electronic or similar means or the person consents in writing to it not being so recorded.

(3C) References in subsection (1) to evidence shall, in relation to the hearing of an application under Part IA of the Criminal Procedure Act 1967 for the dismissal of a charge, be taken to include a statement of the evidence to be given by a witness at the trial.”.

(2) This section shall not apply to a failure to answer a question to which section 2 of the Offences Against the State (Amendment) Act 1998 relates if the failure occurred before the commencement of this section.

Regulations.

32.— (1) The Minister may make regulations providing for the administration of cautions by members of the Garda Síochána to persons in relation to offences.

(2) The regulations may include provision for—

(a) the form of caution to be administered to a person—

(i) at any time before the person is charged with an offence, on being questioned by a member of the Garda Síochána in relation to the offence,

(ii) when the person is being charged with an offence or informed by a member of the Garda Síochána that he or she might be prosecuted for it, or

(iii) in any other circumstances in which a caution is required, and

(b) the procedures that are to apply in circumstances where a person to whom a caution has been administered is to have the caution withdrawn and a different caution administered to him or her.

(3) Regulations under this section may provide for different forms of caution to be administered to a person in different circumstances and in different classes of cases.

(4) A failure on the part of any member of the Garda Síochána to observe any provision of the regulations shall not of itself render that member liable to any criminal or civil proceedings or of itself affect the admissibility in evidence of anything said by, or the silence of, a person to whom subsection (2)(a) applies.

(5) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(6) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

CRIMINAL JUSTICE ACT 2007

Amendment of Act of 1984.

48.— The Act of 1984 is amended—

(a) in section 6—

(i) by the insertion of the following subsection after subsection (1):

“(1A) Where photographs or fingerprints and palm prints, taken pursuant to subsection (1), are lost or damaged or are otherwise imperfect, they may be taken on a second or further occasion.”,

and

(ii) by the substitution of the following subsection for subsection (2):

“(2) The powers conferred by subsections (1)(c), (1)(d) or (1A) shall not be exercised except on the authority of a member of the Garda Síochána not below the rank of inspector.”,

and

(b) by the insertion of the following section after section 6:

“

Use of reasonable force in certain circumstances.

6A.— (1) Without prejudice to the generality of section 6, a member of the Garda Síochána may, where—

(a) a person is detained under section 4, and

(b) he or she fails or refuses to allow his or her photograph or fingerprints and palm prints to be taken pursuant to section 6,

use such force as he or she reasonably considers to be necessary to take the photograph or fingerprints and palm prints.

(2) (a) Such a power shall not be exercised except on the authority of a member of the Garda Síochána not below the rank of superintendent.

(b) An authorisation pursuant to paragraph (a) may be given orally or in writing and if given orally shall be confirmed in writing as soon as practicable.

(3) Where a member of the Garda Síochána intends to exercise a power conferred by subsection (1), he or she shall inform the person—

(a) of that intention, and

(b) that an authorisation to do so has been given pursuant to subsection (2)(a).

(4) Photographs or fingerprints and palm prints taken pursuant to this section shall be taken in the presence of a member of the Garda Síochána not below the rank of inspector.

(5) The taking of such photographs and fingerprints and palm prints shall be video-recorded.”,

and

Destruction of records.

49.— The Act of 1984 is amended by the substitution of the following section for section 8:

“8.— (1) Where a person (in this section referred to as ‘the requester’) has had records taken in pursuance of powers conferred by section 6 or 6A of this Act or section 12 of the Act of 2006, and proceedings for an offence to which section 4 applies—

(a) are not instituted against the requester within the period of twelve months from the date of the taking of the records, and the failure to institute such proceedings within that period is not due to the fact that he or she has absconded or cannot be found, or

(b) have been so instituted and—

(i) the requester is acquitted,

(ii) the charge against the requester in respect of the offence concerned is dismissed under section 4E of the Criminal Procedure Act 1967, or

(iii) the proceedings are discontinued,

he or she may request the Commissioner to have the records concerned destroyed or their use limited.

(2) For the purposes of subsection (1)(b)(ii), a charge against the requester in respect of the offence concerned shall be regarded as dismissed when—

(a) the time for bringing an appeal against the dismissal has expired,

(b) any such appeal has been withdrawn or abandoned, or

(3) Such a request shall be made in writing to the Commissioner and shall—

(a) contain sufficient particulars in relation to the request to enable the records to be identified, and

(b) set out the reasons for the request.

(4) The Commissioner shall, as soon as may be, acknowledge receipt of the request in writing.

(5) The Commissioner shall, as soon as may be but not later than 4 weeks after receipt of the request, decide whether to grant or refuse to grant the request or whether to grant it in part and shall cause the requester to be notified in writing of the decision and the date on which it was made.

(6) Where the Commissioner decides to refuse the request or grant it only in part, the requester may within 8 weeks beginning on the date of the decision, appeal to the District Court against the decision.

(7) An appeal under subsection (6) shall—

(a) be on notice to the other party to the proceedings,

(b) set out reasons for the appeal, and

(8) On appeal, the court may have regard in particular to—

(a) the results of analysis (if any) of the records concerned,

(b) any previous convictions of the requester, and

(9) The court may make such order as it sees fit on the appeal, including an order—

(a) for the destruction of the records, or

(b) an order authorising their retention for such purpose or period as it may direct.

(10) An appeal from a refusal or grant of an order of destruction of the District Court shall lie to a judge of the Circuit Court at the instance of the requester or the Commissioner, and the appeal shall be heard otherwise than in public.

(11) Where an order for the destruction of any records is made under this section, the Commissioner shall cause the requester to be notified in writing as soon as the records have been destroyed.

(12) The jurisdiction conferred on the District Court under this section shall be exercised by the judge of that Court assigned to the district court district where the requester resides.

(13) Nothing in this section shall—

(a) prevent or restrict the exercise of powers conferred by section 6 or 6A of this Act or section 12 of the Act of 2006, or

(b) pending the conclusion of proceedings under this section, prevent or restrict use of the records for the purpose of other proceedings or of a criminal investigation.

(14) This section does not apply to records taken inpursuance of powers conferred by section 6 of this Act or section 12 of the Act of 2006 before the commencement of thissection.

(15) In this section—

‘Act of 2006’ means Criminal Justice Act 2006;

‘Commissioner’ means the Commissioner of the Garda Síochána;

‘records’ means a photograph (including a negative), fingerprints and palm prints taken in pursuance of the powers conferred by section 6 or 6A of this Act or section 12 of the Act of 2006 and every copy and related record thereof.”.

Powers of detention for specified offences.

50.— (1) This section applies to—

(a) murder involving the use of a firearm or an explosive,

(b) murder to which section 3 of the Criminal Justice Act 1990 applies,

(d) an offence under section 15 of the Non-Fatal Offences against the Person Act 1997 involving F14[the use of a firearm,]

F15[(e) an offence under Part 7 of the F14[Criminal Justice Act 2006, or]]

F16[(f) the offence of conspiracy to murder under section 4 of the Act of 1861.]

(2) Where a member of the Garda Síochána arrests without warrant, whether in a Garda Síochána station or elsewhere, a person (in this section referred to as “the arrested person”) whom he or she, with reasonable cause, suspects of having committed an offence to which this section applies, the arrested person—

(a) if not already in a Garda Síochána station, may be taken to and detained in a Garda Síochána station, or

(b) if he or she is arrested in a Garda Síochána station, may be detained in the station,

for such a period or periods authorised by subsection (3) if the member of the Garda Síochána in charge of the station concerned has at the time of the arrested person’s arrival at the station or his or her arrest in the station, as may be appropriate, reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence.

(3) (a) The period for which a person may be detained pursuant to subsection (2) shall, subject to the provisions of this subsection, not exceed 6 hours from the time of his or her arrest.

(b) A member of the Garda Síochána not below the rank of superintendent may direct that a person detained pursuant to subsection (2) be detained for a further period not exceeding 18 hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.

(c) A member of the Garda Síochána not below the rank of chief superintendent may direct that a person detained pursuant to a direction under paragraph (b) be detained for a further period not exceeding 24 hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.

(d) A direction pursuant to paragraph (b) or (c) may be given orally or in writing and, if given orally, shall be recorded in writing as soon as practicable.

(e) Where a direction has been given pursuant to paragraph (b) or (c), the fact that the direction was given, the date and time when it was given and the name and rank of the member of the Garda Síochána who gave it shall be recorded.

(f) The direction or, if it was given orally, the written record of it shall be signed by the member of the Garda Síochána giving it and—

(i) shall state the date and time when it was given, the member’s name and rank and that he or she had reasonable grounds for believing that such further detention was necessary for the proper investigation of the offence concerned, and

(ii) shall be attached to and form part of the custody record (within the meaning of the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 (S.I. No. 119 of 1987)) in respect of the person concerned.

(g) (i) A member of the Garda Síochána not below the rank of chief superintendent may apply to a judge of the Circuit Court or District Court for a warrant authorising the detention of a person detained pursuant to a direction under paragraph (c) for a further period not exceeding 72 hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.

(ii) On an application pursuant to subparagraph (i) the judge concerned shall issue a warrant authorising the detention of the person to whom the application relates for a further period not exceeding 72 hours if, but only if, the judge is satisfied that such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously.

(h) (i) A member of the Garda Síochána not below the rank of chief superintendent may apply to a judge of the Circuit Court or District Court for a warrant authorising the detention of a person detained under a warrant issued pursuant to paragraph (g)(ii) for a further period not exceeding 48 hours, if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.

(ii) On an application pursuant to subparagraph (i) the judge concerned shall issue a warrant authorising the detention of the person to whom the application relates for a further period not exceeding 48 hours if, but only if, the judge is satisfied that such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously.

(4) On an application pursuant to subsection (3) the person to whom the application relates shall be produced before the judge concerned and the judge shall hear any submissions made and consider any evidence adduced by or on behalf of the person and the member of the Garda Síochána making the application.

F15[(4A) (a) Without prejudice to paragraph (b), where a judge hearing an application under subsection (3) is satisfied, in order to avoid a risk of prejudice to the investigation concerned, that it is desirable to do so, he or she may—

(i) direct that the application be heard otherwise than in public, or

(ii) exclude from the Court during the hearing all persons except officers of the Court, persons directly concerned in the proceedings, bona fide representatives of the Press and such other persons as the Court may permit to remain.

(b) On the hearing of an application under subsection (3), the judge may, of his or her own motion or on application by the member of the Garda Síochána making the application under subsection (3), where it appears that—

(i) particular evidence to be given by any member of the Garda Síochána during the hearing (including evidence by way of answer to a question asked of the member in cross-examination) concerns steps that have been, or may be, taken in the course of any inquiry or investigation being conducted by the Garda Síochána with respect to the suspected involvement of the person to whom the application relates, or any other person, in the commission of the offence to which the detention relates or any other offence, and

(ii) the nature of those steps is such that the giving of that evidence concerning them could prejudice, in a material respect, the proper conducting of any foregoing inquiry or investigation,

direct that, in the public interest, the particular evidence shall be given in the absence of every person, including the person to whom the application relates and any legal representative (whether of that person or the applicant), other than—

(I) the member or members whose attendance is necessary for the purpose of giving the evidence to the judge; and

(II) if the judge deems it appropriate, such one or more of the clerks or registrars of the Court as the judge determines.

(c) If, having heard such evidence given in that manner, the judge considers the disclosure of the matters to which that evidence relates would not have the effect referred to in paragraph (b)(ii), the judge shall direct the evidence to be re-given in the presence of all the other persons (or, as the case may be, those of them not otherwise excluded from the Court under paragraph (a)).

(d) No person shall publish or broadcast or cause to be published or broadcast any information about an application under this section other than a statement of—

(i) the fact that the application has been brought by a named person in relation to a particular investigation, and

(ii) any decision resulting from the application.

(e) If any matter is published or broadcast in contravention of paragraph (d), the following persons, namely—

(i) in the case of a publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

(ii) in the case of any other publication, the person who publishes it, and

(iii) in the case of a broadcast, any person who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of the editor of a newspaper,

shall be guilty of an offence and shall be liable—

(I) on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, or

(II) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 3 years or both.

(f) Where an offence under this subsection has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(g) Where the affairs of a body corporate are managed by its members, paragraph (f) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

(h) In this subsection—

“broadcast” means the transmission, relaying or distribution by wireless telegraphy, cable or the internet of communications, sounds, signs, visual images or signals, intended for direct reception by the general public whether such communications, sounds, signs, visual images or signals are actually received or not;

“publish” means publish, other than by way of broadcast, to the public or a portion of the public.]

F15[(4B) Save where any rule of law requires such an issue to be determined by the Court, in an application under subsection (3) no issue as to the lawfulness of the arrest or detention of the person to whom the application relates may be raised.

(4C) (a) In an application under subsection (3) it shall not be necessary for a member of the Garda Síochána, other than the member making the application, to give oral evidence for the purposes of the application and the latter member may testify in relation to any matter within the knowledge of another member of the Garda Síochána that is relevant to the application notwithstanding that it is not within the personal knowledge of the member.

(b) However, the Court hearing such an application may, if it considers it to be in the interests of justice to do so, direct that another member of the Garda Síochána give oral evidence and the Court may adjourn the hearing of the application for the purpose of receiving such evidence.]

(5) When issuing a warrant pursuant to subsection (3) the judge concerned may order that the person concerned be brought before a judge of the Circuit Court or District Court at a specified time or times during the period of detention specified in the warrant and if, upon the person’s being so brought before such a judge, he or she is not satisfied that the person’s detention is justified, the judge shall revoke the warrant and order the immediate release from custody of the person.

(6) If at any time during the detention of a person pursuant to this section there are no longer reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence to which the detention relates, he or she shall, subject to subsection (7), be released from custody forthwith unless he or she is charged or caused to be charged with an offence and is brought before a court as soon as may be in connection with such charge or his or her detention is authorised apart from this Act.

(7) If at any time during the detention of a person pursuant to this section a member of the Garda Síochána, with reasonable cause, suspects that person of having committed an offence to which this section applies, other than the offence to which the detention relates and the member of the Garda Síochána then in charge of the Garda Síochána station has reasonable grounds for believing that the continued detention of the person is necessary for the proper investigation of that other offence, the person may continue to be detained in relation to the other offence as if that offence was the offence for which the person was originally detained.

(8) A person shall not be detained pursuant to this section for more than 168 hours from the time of his or her arrest, not including any period which is to be excluded under subsection (8) or (8A) of section 4 of the Act of 1984 (as applied by section 52) in reckoning a period of detention.

F13[(9) Notwithstanding subsections (3) and (8), if—

(a) an application is to be made, or is made, under subsection (3) for a warrant authorising the detention for a further period of a person detained under that subsection, and

(b) the period of detention under that subsection has not expired at the time of the arrival of the person concerned at the court house for the purposes of the hearing of the application but would, but for this subsection, expire before, or during the hearing (including, if such should occur, any adjournment of the hearing),

it shall be deemed not to expire until the final determination of the application; and, for purposes of this subsection—

(i) a certificate signed by the court clerk or registrar in attendance at the court house concerned stating the time of the arrival of the person concerned at that court house shall be evidence, until the contrary is shown, of the time of that person’s arrival there;

(ii) “court house” includes any venue at which the hearing of the application takes place.]

(10) Nothing in this section shall affect the operation of section 30 of the Offences Against the State Act 1939, section 4 of the Act of 1984 or section 2 of the Criminal Justice (Drug Trafficking) Act 1996.

Annotations

Amendments:

F13
Substituted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 23(1)(a), (2)(b), commenced on enactment.

F14
Substituted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 5(c)(i), (ii), S.I. No. 525 of 2023, art. 3(b).

F15
Inserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 23(1)(c), (2)(a), commenced on enactment.

F16
Inserted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 5(c)(iii), S.I. No. 525 of 2023, art. 3(b).

Modifications (not altering text):

C5
Power to take samples conferred (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. (9)(1)(e), S.I. No. 508 of 2015. Note provisions in 2014 Act in relation to destruction and retention of DNA profiles in ss. 76-80, 84, 85.

Power to take samples from persons in custody of Garda Síochána

9. (1) Where a person is detained under any of the following provisions, a sample under section 11 , an intimate sample or a non-intimate sample or more than one sample may be taken from the person: …

(e) section 50 of the Act of 2007;

…

Editorial Notes:

E6
Application of Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 (S.I. No. 74 of 1997) extended in respect of interviews which take place in a station with persons detained under section by Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 (S.I. No. 74 of 1997), reg. 3(2), as substituted (29.04.2009) by Criminal Justice Act 1984 (Electronic Recording of Interviews) (Amendment) Regulations 2009 (S.I. No. 168 of 2009), reg. 3, and (25.11.2010) by Criminal Justice Act 1984 (Electronic Recording of Interviews) (Amendment) Regulations 2010 (S.I. No. 560 of 2010), reg. 4.

E7
Previous affecting provision: subs. (1)(d) amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 23(1)(b), commenced on enactment; substituted (1.11.2023) as per F-note above.

Rearrest.

51.— F17[(1) Where a person arrested on suspicion of having committed an offence is detained pursuant to section 50 and is released without any charge having been made against him or her, he or she shall not—

(a) be arrested again in connection with the offence to which the detention related, or

(b) be arrested for any other offence of which, at the time of the first arrest, the member of the Garda Síochána by whom he or she was arrested suspected, or ought reasonably to have suspected him or her, of having committed,

except on the authority of a warrant issued by a judge of the Circuit Court or the District Court who is satisfied on information supplied on oath by a member of the Garda Síochána not below the rank of superintendent that either of the following cases apply, namely:

(i) further information has come to the knowledge of the Garda Síochána since the person’s release as to his or her suspected participation in the offence for which his or her arrest is sought,

(ii) notwithstanding that the Garda Síochána had knowledge, prior to the person’s release, of the person’s suspected participation in the offence for which his or her arrest is sought, the questioning of the person in relation to that offence, prior to his or her release would not have been in the interests of the proper investigation of the offence.

(1A) An application for a warrant under this section shall be heard otherwise than in public.]

(2) When issuing a warrant under subsection (1), the judge concerned may order that the person concerned be brought before a judge of the Circuit Court or District Court on arrest or at any specified time or times during the period of detention authorised by section 50 as applied by subsection (3) and if, upon the person’s being so brought before such a judge, he or she is not satisfied that the person’s detention is justified, the judge shall revoke the warrant and order the immediate release from custody of the person.

(3) Section 50 shall apply to a person arrested in connection with an offence to which that section relates under a warrant issued pursuant to subsection (1), as it applies to a person to whom that section applies, with the following and any other necessary modifications:

(a) in subsection (3), the substitution for paragraphs (c) and (d) of the following paragraphs:

“(c) A member of the Garda Síochána not below the rank of chief superintendent may apply to a judge of the Circuit Court or District Court for a warrant authorising the detention of a person detained pursuant to a direction under paragraph (b) for a further period not exceeding 24 hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.

(d) On an application under paragraph (c) the judge concerned shall issue a warrant authorising the detention of the person to whom the application relates for a further period not exceeding 24 hours if, but only if, the judge is satisfied that such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously.”;

and

(b) in paragraph (g)(i) of subsection (3), the substitution of “under a warrant issued pursuant to paragraph (d)” for “pursuant to a direction under paragraph (c)”.

(4) A person arrested in connection with an offence other than one to which section 50 relates, under a warrant issued pursuant to subsection (1), shall, subject to subsection (2), be dealt with under section 4 of the Act of 1984 in like manner as a person arrested without warrant to whom the said section 4 applies.

(5) Notwithstanding subsection (1), a person to whom that subsection relates may be arrested for any offence for the purpose of charging him or her with that offence forthwith.

(6) Where a person who has been arrested under section 30 of the Offences Against the State Act 1939 or detained under section 4 of the Act of 1984 or section 2 of the Criminal Justice (Drug Trafficking) Act 1996 in connection with an offence is released without any charge having been made against him or her, he or she shall not be detained pursuant to section 50—

(a) in connection with the first-mentioned offence, or

(b) in connection with an offence to which section 50 relates and which, at the time of the first arrest, the member of the Garda Síochána by whom he or she was arrested, suspected, or ought reasonably to have suspected, him or her of having committed.

Annotations

Amendments:

F17
Substituted and inserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 23(3), commenced on enactment.

Modifications (not altering text):

C6
References to “a member of an Garda Síochána not below the rank of superintendent” construed in certain circumstances (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 166, S.I. No. 508 of 2015.

Re-arrest in case of match of DNA profiles

166. — The reference to a member of the Garda Síochána not below the rank of superintendent in each of the provisions specified in column (3) of the Table to this section of the enactments specified in column (2) of that Table shall be construed as a reference to a member of the Garda Síochána not below the rank of inspector if the reason or one of the reasons for seeking the arrest of the person concerned for—

(a) the offence in relation to which he or she was detained under section 30 of the Act of 1939, section 4 of the Act of 1984, section 2 of the Act of 1996 or section 50 of the Act of 2007, as the case may be, or

(b) any other offence of which, at the time of the first arrest, the member of the Garda Síochána by whom he or she was arrested suspected, or ought reasonably to have suspected, him or her of having committed,

is that the Garda Síochána have, since the person‘s release, obtained the results of the forensic testing of a sample taken under the Criminal Justice (Forensic Evidence) Act 1990 or otherwise or under Part 2 from the person while he or she was detained under section 30 of the Act of 1939, section 4 of the Act of 1984, section 2 of the Act of 1996 or section 50 of the Act of 2007, as the case may be, and those results indicate a match of the person‘s DNA profile with a DNA profile generated from a sample taken from the crime scene in respect of the offence for which the arrest of the person is sought.

Table

Number and Year

(1)

Short Title

(2)

Provision amended

(3)

…

No. 29 of 2007

Criminal Justice Act 2007

Section 51(1).

Editorial Notes:

E8
Application of Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 (S.I. No. 74 of 1997) confirmed in respect of interviews which take place in a station with persons detained under section by Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 (S.I. No. 74 of 1997), reg. 3(2), as substituted (29.04.2009) by Criminal Justice Act 1984 (Electronic Recording of Interviews) (Amendment) Regulations 2009 (S.I. No. 168 of 2009), reg. 3, and (25.11.2010) by Criminal Justice Act 1984 (Electronic Recording of Interviews) (Amendment) Regulations 2010 (S.I. No. 560 of 2010), reg. 4.

Application of certain provisions of Act of 1984.

52.—F18[(1) Sections 5, 6A, 18, 19 and 19A, subsections (4), (7), (8), (8A), (8B) and (11) of section 4 and subsections (1) to (4) of section 6 of the Act of 1984] shall apply with any necessary modifications in relation to persons detained under section 50 as they apply to persons detained under section 4 of that Act.

F19[(2) Sections 8 to 8I of the Act of 1984 shall, with the following and any other necessary modifications, apply to fingerprints, palm prints and photographs taken from or of a person detained under section 50 as they apply to fingerprints, palm prints and photographs taken from or of a person detained under section 4 of the Act of 1984:

(a) references to an offence to which section 4 of the Act of 1984 applies shall be construed as references to an offence to which section 4 of the Act of 1984 applies or an offence to which section 50 applies; and

(b) references to the detention of the person under section 4 of the Act of 1984 shall be construed as references to the detention of the person under section 50.]

Annotations

Amendments:

F18
Section designated as subs. (1) and amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 108(a), (b), S.I. No. 508 of 2015.

F19
Inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 108(c), S.I. No. 508 of 2015.

F20
Substituted by Criminal Justice Act 2017 (14/2017), s. 11, not commenced as of date of revision.

F21
Substituted by Criminal Justice Act 2011 (22/2011), s. 14, not commenced as of date of revision.

Modifications (not altering text):

C7
Prospective affecting provision: subs. (1) amended by Criminal Justice Act 2017 (14/2017), s. 11, not commenced as of date of revision.

52.—F18[(1) F20[Sections 5, 5A, 6A,] 18, 19 and 19A, subsections (4), (7), (8), (8A), (8B) and (11) of section 4 and subsections (1) to (4) of section 6 of the Act of 1984] shall apply with any necessary modifications in relation to persons detained under section 50 as they apply to persons detained under section 4 of that Act.

C8
Prospective affecting provision: subs. (1) amended by Criminal Justice Act 2011 (22/2011), s. 14, not commenced as of date of revision.

52.—F18[(1) Sections F21[5, 5A], 6A, 18, 19 and 19A, subsections (4), (7), (8), (8A), (8B) and (11) of section 4 and subsections (1) to (4) of section 6 of the Act of 1984] shall apply with any necessary modifications in relation to persons detained under section 50 as they apply to persons detained under section 4 of that Act.

Editorial Notes:

E9
Previous affecting provision: section amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 23(4), commenced on enactment; superseded as per F-note above.

Amendment of Criminal Justice (Forensic Evidence) Act 1990.

53.— The Criminal Justice (Forensic Evidence) Act 1990 is amended—

(a) in section 2—

(i) in subsection (1), by the substitution of “section 2 of the Criminal Justice (Drug Trafficking) Act 1996 or section 50 of the Criminal Justice Act 2007,” for “or section 2 of the Criminal Justice (Drug Trafficking) Act, 1996,”,

(ii) in subsection (3), by the insertion in paragraph (b) after “section 3(1) of the Criminal Justice Act, 1994” of “or an offence to which section 50 of the Criminal Justice Act 2007 applies”, and

(iii) in subsection (5), by the insertion in paragraph (a)(ii) after “within the meaning of 3(1) of the Criminal Justice Act 1994” of “or an offence to which section 50 of the Criminal Justice Act 2007 applies”, and

(b) in section 4(2), by the substitution of “section 2 of the Criminal Justice (Drug Trafficking) Act 1996 or section 50 of the Criminal Justice Act 2007,” for “or section 2 of the Criminal Justice (Drug Trafficking) Act, 1996,”.

Amendment of section 5 of Criminal Justice (Drug Trafficking) Act 1996.

54.— Section 5 of the Criminal Justice (Drug Trafficking) Act 1996 is amended by—

(a) the insertion of “4(8A),” after “4(8),”, and

(b) the substitution of “, 6A, 8, 18, 19 and 19A” for “and 8”.

Amendment of section 9 of Act of 1984.

55.— Section 9 of the Act of 1984 is amended by—

(a) the insertion of “4(8A),” after “4(8),”, and

(b) the substitution of “, 6(3), 6A, 18, 19 and 19A” for “and 6(3)”.

Copy of recording of questioning by Garda Síochána to be given to accused.

56.— (1) Where a person is before a court charged with an offence, a copy of any recording of the questioning of the person by a member of the Garda Síochána while he or she was detained in a Garda Síochána station, or such questioning elsewhere, in connection with the investigation of the offence shall be given to the person or his or her legal representative only if the court so directs and subject to such conditions (if any) as the court may specify.

(2) A recording referred to in subsection (1) of the questioning of a person shall not be given to the person by the Garda Síochána except in accordance with a direction or order of a court made under that subsection or otherwise and Regulation 16 of the Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 (S.I. No. 74 of 1997) is hereby revoked.

(3) In this section—

“recording” means a recording on tape of—

(a) an oral communication, statement or utterance, or

(b) a series of visual images which, when reproduced on tape, appear as a moving picture,

or both;

“tape” includes—

(a) a disc, magnetic tape, soundtrack or other device in which sounds or signals may be embodied for the purpose of being reproduced (with or without the aid of some other instrument) in audible form, and

(b) a film, disc, magnetic tape or other device in which visual images may be embodied for the purpose of being reproduced (with or without the aid of some other instrument) in visual form.

Admission in evidence of recording of questioning of accused by Garda Síochána.

57.— (1) A court may admit in evidence at the trial of a person in respect of an offence—

(a) a recording by electronic or similar means, or

(b) a transcript of such a recording,

or both of the questioning of the person by a member of the Garda Síochána at a Garda Síochána station or elsewhere in connection with the investigation of the offence.

(2) Any statement made by the person concerned that is recorded in a recording which is admitted in evidence under subsection (1) may be admissible in evidence at the trial concerned notwithstanding the fact that—

(a) it was not taken down in writing at the time it was made, or

(b) that statement is not in writing and signed by the person who made it,

or both.

(3) This section shall not affect the admissibility in evidence at the trial of a person in respect of an offence of any statement that is recorded in writing made by the person during questioning by a member of the Garda Síochána at a Garda Síochána station or elsewhere in connection with the investigation of the offence (whether or not that statement is signed by the person) and irrespective of whether the making of that statement is recorded by electronic or similar means.

Amendment of section 8 of Criminal Assets Bureau Act 1996.

58.— Section 8 of the Criminal Assets Bureau Act 1996 is amended—

(a) in subsection (2), by the substitution of “subject to subsections (5), (6), (6A), (6B), (6C) and (7)” for “subject to subsections (5), (6) and (7)”, and

(b) by the insertion of the following subsections after subsection (6):

“(6A) Without prejudice to the generality of subsection (6), a bureau officer who is an officer of the Revenue Commissioners or an officer of the Minister for Social and Family Affairs may, if and for so long as he or she is accompanied by a bureau officer who is a member of the Garda Síochána, attend at, and participate in, the questioning of a person detained pursuant to—

(a) section 4 of the Criminal Justice Act 1984, or

(b) section 2 of the Criminal Justice (Drug Trafficking) Act 1996 (including that section as applied by section 4 of that Act),

in connection with the investigation of an offence but only if the second-mentioned bureau officer requests the first-mentioned bureau officer to do so and the second-mentioned bureau officer is satisfied that the attendance at, and participation in, such questioning of the first-mentioned bureau officer is necessary for the proper investigation of the offence concerned.

(6B) A bureau officer who attends at, and participates in, the questioning of a person in accordance with subsection (6A) may not commit any act or make any omission which, if committed or made by a member of the Garda Síochána, would be a contravention of any regulation made under section 7 of the Criminal Justice Act 1984.

(6C) An act committed or omission made by a bureau officer who attends at, and participates in, the questioning of a person in accordance with subsection (6A) which, if committed or made by a member of the Garda Síochána, would be a contravention of any regulation made under the said section 7 shall not of itself render the bureau officer liable to any criminal or civil proceedings or of itself affect the lawfulness of the custody of the detained person or the admissibility in evidence of any statement made by him or her.”.

Amendment of section 29 of Courts of Justice Act 1924.

59.— Section 29 of the Courts of Justice Act 1924 is amended—

(a) in subsection (1), by the substitution of “Subject to subsection (9A) of this section, no appeal shall lie” for “No appeal shall lie”,

(b) by the insertion of the following subsection after subsection (5):

“(5A) The Supreme Court, in an appeal under subsection (2) or (3) of this section, may, if it considers it appropriate to do so, hear argument and make a determination in relation to any part (not only the point of law of exceptional public importance which is the subject of the certificate concerned issued under whichever of those subsections is appropriate) of the decision of the Court of Criminal Appeal concerned.”,

and

“(9A) This section shall not affect the operation of section 3 of the Criminal Justice Act 1993.”.

Amendment of section 99 of Act of 2006.

60.— Section 99 of the Act of 2006 is amended—

(a) in subsection (9), by the substitution of “the court before which proceedings for the offence are brought shall, before imposing sentence for that offence” for “the court before which proceedings for the offence were brought shall, after imposing sentence for that offence”,

(b) in subsection (10), by the substitution of “other than a period spent in custody by the person in respect of an offence referred to in subsection (9)” for “other than a period during which the person was serving a sentence of imprisonment in respect of an offence referred to in subsection (9)”,

“(10A) The court referred to in subsection (10) shall remand the person concerned in custody or on bail to the next sitting of the court referred to in subsection (9) for the purpose of that court imposing sentence on that person for the offence referred to in that subsection.”,

(d) in subsection (11), by the substitution of the following paragraph for paragraph (a):

“(a) Where an order under subsection (1) is revoked under subsection (10), a sentence of imprisonment (other than a sentence consisting of imprisonment for life) imposed on the person concerned under subsection (10A) shall not commence until the expiration of any period of imprisonment required to be served by the person under subsection (10).”,

and

(e) by the addition of the following subsection:

“(20) Where a court imposes a sentence of a term of imprisonment that is to run consecutively to a sentence of a term of imprisonment the operation of a part of which is suspended, the first-mentioned sentence shall commence at the expiration of the part of the second-mentioned sentence the operation of which is not suspended.”.

SCHEDULE 1

CRIMINAL JUSTICE ACT, 1951.

(CRIMINAL JUSTICE ACT 1984)

Proceedings after arrest.

26.—The following section shall be substituted for section 15 of the Criminal Justice Act, 1951:

(5) If the accused is remanded on bail and there and then finds bail, the case shall be remitted to the next sitting of the court.

(6) In any other event, the case shall be remitted to a sitting of the court at a named place to be held within eight days after the arrest.

(7) This section is without prejudice to the provisions of any enactment relating to proceedings after arrest or charge in particular cases.”.

Arrest for Investigation

District Court Rules

Proceedings under Criminal Justice Act 1984, etc.

CRIMINAL JUSTICE ACT, 1951.

(CRIMINAL JUSTICE ACT 1984)

Proceedings after arrest.

CRIMINAL LAW ACT, 1976

Definitions.

Penalties for certain offences under Act of 1939.

Incitement or invitation to join etc. an unlawful organisation.

Search warrants relating to commission of offences under Act of 1939 etc.

Escape from custody.

Power of Garda Síochána in relation to certain arrested persons.

Power of Garda Síochána to search vehicles and persons in vehicles.

Power to retain articles seized.

Prohibition of possession of photographs etc. of certain buildings.

Certain offences to be felonies.

Prohibition of giving certain false information.

Offence committed while serving sentence.

Restriction of meaning of “document” in sections 13 and 14 of Act of 1939.

Power of Defence Forces to arrest and search in certain circumstances.

Short title and application.

CRIMINAL JUSTICE ACT 2007

Inferences from failure or refusal to account for objects, marks, etc.

Inferences from failure or refusal to account for accused’s presence at a particular place.

Inferences from failure of accused to mention particular facts.

Amendment of section 2 of Offences Against the State (Amendment) Act 1998.

Regulations.

CRIMINAL JUSTICE ACT 2007

Amendment of Act of 1984.

Use of reasonable force in certain circumstances.

Destruction of records.

Powers of detention for specified offences.

Power to take samples from persons in custody of Garda Síochána

Rearrest.

Re-arrest in case of match of DNA profiles

Application of certain provisions of Act of 1984.

Amendment of Criminal Justice (Forensic Evidence) Act 1990.

Amendment of section 5 of Criminal Justice (Drug Trafficking) Act 1996.

Amendment of section 9 of Act of 1984.

Copy of recording of questioning by Garda Síochána to be given to accused.

Admission in evidence of recording of questioning of accused by Garda Síochána.

Amendment of section 8 of Criminal Assets Bureau Act 1996.

Amendment of section 29 of Courts of Justice Act 1924.

CRIMINAL JUSTICE ACT, 1951.

(CRIMINAL JUSTICE ACT 1984)

Proceedings after arrest.

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