Detention for Questioning II

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 1984

REVISED

Updated to 13 November 2023

AN ACT TO AMEND CRIMINAL LAW AND PROCEDURE. [6th December, 1984]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Commencement.

1.—(1) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister for Justice either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.

(2) An order shall not be made under subsection (1) in respect of any of the following sections namely, sections 4 to 6, 8 to 10, 15, 16, 18 and 19 until provisions relating to the investigation of complaints from the public against F1[members (within the meaning of the Garda Síochána (Complaints) Act, 1986)] and the adjudication by a body other than the Garda Síochána of such complaints have been enacted by the Oireachtas and have come into operation and until regulations under section 7 have been made.

(3) Sections 12 and 14 shall not apply in relation to offences committed before the commencement of the section concerned.

Annotations

Amendments:

F1
Substituted (15.07.1986) by Garda Síochána (Complaints) Act 1986 (29/1986), s. 16, commenced on enactment.

Editorial Notes:

E1
Power pursuant to section exercised (1.07.1987) by Criminal Justice Act 1984 (Commencement) Order 1987 (S.I. No. 150 of 1987).

2. Sections 4 to 6, 8 to 10, 15, 16, 18 and 19 of the Criminal Justice Act, 1984 (No. 22 of 1984), shall come into operation on the 1st day of July, 1987.

E2
Power pursuant to section exercised (1.03.1985) by Criminal Justice Act 1984 (Commencement) Order 1985 (S.I. No. 17 of 1985).

2. The Criminal Justice Act, 1984, other than sections 4 to 6, 8 to 10, 15, 16, 18 and 19, shall come into operation on the 1st day of March, 1985.

Duration of certain sections.

2.—Each of the following sections, namely, sections 4 to 6, 8 to 10, 15, 16, 18 and 19 shall cease to be in operation at the expiry of four years from the commencement of that section unless a resolution has been passed by each House of the Oireachtas resolving that that section should continue in operation.

Interpretation.

3.—(1) In this Act, except where the context otherwise requires—

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

F2[“Commissioner” means the Commissioner of the Garda Síochána;]

“imprisonment” includes penal servitude and detention in Saint Patrick’s Institution;

“place” includes any building or part of a building, vehicle, vessel, aircraft or hovercraft and any other place whatsoever.

F2[“photograph” includes a negative or any other image howsoever produced of a photograph.]

(2) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

(3) In this Act, a reference to a section is to a section of this Act and a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other enactment or provision, as may be appropriate, is intended.

Annotations

Amendments:

F2
Inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 101, S.I. No. 508 of 2015.

Detention of Arrested Persons in Garda Síochána Custody in Certain Circumstances

Detention after arrest.

4.—(1) This section applies to any offence for which a person of full age and capacity and not previously convicted may, F3[under or by virtue of any enactment or the common law], be punished by imprisonment for a term of five years or by a more severe penalty and to an attempt to commit any such offence.

F3[(2) (a) Where a member of the Garda Síochána arrests without warrant, whether in a Garda Síochána station or elsewhere, a person whom he or she, with reasonable cause, suspects of having committed an offence to which this section applies, the person—

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

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

for such period as is authorised by this section if the member of the Garda Síochána in charge of the station to which the person is taken on arrest or in which he or she is arrested has at the time of the 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.

(b) Where a member of the Garda Síochána arrests a person pursuant to an authority of a judge of the District Court under section 10(1), the person may be taken to and detained in a Garda Síochána station for such period as is authorised by this section if the member of the Garda Síochána in charge of the station to which the person is taken on arrest has at the time of the person’s arrival at the station 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 so arrested may be detained shall, subject to the provisions of this section, not exceed six hours from the time of his arrest.

(b) An officer 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 six hours if he has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence.

F4[(bb) 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 twelve 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 direction under F5[paragraph (b) or (bb)] may be given orally or in writing and if given orally shall be recorded in writing as soon as practicable.

F6[(3A) (a) Notwithstanding the generality of subsection (3), if a person is detained pursuant to this section in respect of a relevant offence, the member of the Garda Síochána in charge of the Garda Síochána station where the person is being detained may, at any time during the detention, where the member has reasonable grounds for believing that it is necessary for the purpose of permitting enquiries or investigations to be made for the further and proper investigation of the offence concerned, suspend the detention of the person.

(b) Where the member of the Garda Síochána in charge of the Garda Síochána station suspends a person’s detention under this subsection, the person shall, subject to subsection (5A), be released from custody forthwith unless his or her detention is authorised apart from this Act.

(3B) (a) A person’s detention pursuant to this section in respect of a relevant offence may be suspended under subsection (3A) on no more than 2 occasions.

(b) The total period of time for which a person’s detention may be suspended shall not in any case exceed a period of 4 months from the date on which the detention was first suspended.

(c) Subject to paragraph (d), a person whose detention is suspended under subsection (3A) shall return to such Garda Síochána station at such date and time as is specified by notice in writing given to him or her under subsection (3C) or at such other date and time or Garda Síochána station as may be notified to him or her in writing under subsection (3D).

(d) Where, in the case of a person whose detention is suspended under subsection (3A)—

(i) his or her detention is continued in respect of another offence, and

(ii) the total period of detention permissible under subsection (9) is reached during that continuation of detention,

the member of the Garda Síochána in charge of the Garda Síochána station concerned shall give the person concerned notice in writing or cause him or her to be given notice in writing of that fact, and the notice under subsection (3C) or (3D), as the case may be, shall be deemed to be withdrawn accordingly.

(3C) (a) Where a person’s detention is suspended under subsection (3A), the member of the Garda Síochána in charge of the Garda Síochána station concerned shall give the person notice in writing or cause him or her to be given notice in writing—

(i) that his or her detention is being suspended,

(ii) of the Garda Síochána station and of the date and time on which he or she is required to return to such station for the continuation of the detention concerned, and

(iii) of the consequences under sections 4A and 4B of failing to return in accordance with subsection (3B).

(b) A member of the Garda Síochána when giving the notice to any person under paragraph (a) shall explain to him or her orally the effect of the notice.

(3D) (a) Subject to subsection (3B)(b), a member of the Garda Síochána not below the rank of inspector may, in respect of a person whose detention has been suspended under subsection (3A), issue a notice in writing to the person appointing a new date and time or a different Garda Síochána station for the person’s return for the continuation of the detention concerned where that member has reasonable grounds for believing that it is necessary for the proper investigation of the offence concerned to so change the return date and time or the Garda Síochána station, as the case may be.

(b) The person in respect of whom the notice under paragraph (a) is issued shall be given such notice of the new date and time or Garda Síochána station appointed under that paragraph as shall be prescribed in regulations made by the Minister under section 4C.

(c) Only one notice under paragraph (a) may be issued to a person during each period of suspension, but nothing in this paragraph shall prejudice the exercise of the power to issue such notice in the circumstances referred to in paragraph (d).

(d) A member of the Garda Síochána not below the rank of inspector may—

(i) if a person whose detention is suspended under subsection (3A) so requests, and

(ii) the member is satisfied that there is good and sufficient reason for doing so,

issue a notice under paragraph (a).

(3E)(a) Where a person returns in accordance with subsection (3B) or is returned under section 4A to the Garda Síochána station—

(i) his or her detention shall be continued in accordance with this section for such period as is authorised by this section, and

(ii) the period of time commencing on his or her return to the Garda Síochána station for the continuation of the detention concerned shall be included in reckoning a period of detention permitted by this section.

(b) Where, however, the member of the Garda Síochána in charge of the Garda Síochána station concerned no longer has, at the time of the person’s return, reasonable grounds for believing that the person’s continued detention is necessary for the proper investigation of the offence, the person shall, subject to subsection (5A), be released from custody forthwith unless his or her detention is otherwise authorised by law.

(3F) For the avoidance of doubt it is hereby declared that—

(a) where a person’s detention is suspended under subsection (3A), the detention shall remain suspended until such time as it is continued under subsection (3E) and, accordingly, the period of time during which the detention remains suspended shall be excluded in reckoning a period of detention permitted by this section,

(b) where a person whose detention is suspended under subsection (3A) in respect of an offence, is subsequently arrested and detained (“subsequent arrest and detention”) in respect of another offence, the subsequent arrest and detention shall not operate to affect the detention which was suspended and it shall remain suspended until such time as it is continued under subsection (3E),

(c) subject to subsection (9), where a person’s detention is suspended under subsection (3A) in respect of an offence but his or her detention is continued under subsection (5A) in respect of another offence, the continuation of the detention under subsection (5A) shall not operate to affect the detention which was suspended in respect of the first mentioned offence and the detention shall in so far as it relates to the first mentioned offence remain suspended until such time as it is continued under subsection (3E). ]

(4) If at any time during the detention of a person pursuant to this section there are no longer reasonable grounds for suspecting that he has committed an offence to which this section applies, he shall be released from custody forthwith unless his detention is authorised apart from this Act.

F7[(5) If at any time during the detention of a person pursuant to this section there are no longer reasonable grounds for believing that his detention is necessary for the proper investigation of the offence to which the detention relates, he shall, F8[subject to subsection (5A)], be released from custody forthwith unless he 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 detention is authorised apart from this Act.

F9[(5A)] 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, F10[other than an offence to which the detention relates or an offence in respect of which the person’s detention has been suspended under subsection (3A)], 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 that 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.]

(6) (a) If a person is being detained pursuant to this section in a Garda Síochána station between midnight and 8 a.m. and the member in charge of the station is of opinion that any questioning of that person for the purpose of the investigation should be suspended in order to afford him reasonable time to rest, and that person consents in writing to such suspension, the member may give him a notice in writing (which shall specify the time at which it is given) that the investigation (so far as it involves questioning of him) is suspended until such time as is specified in the notice and shall ask him to sign the notice as an acknowledgement that he has received it; and, if the notice is given, the period between the giving thereof and the time specified therein (not being a time later than 8 a.m.) shall be excluded in reckoning a period of detention permitted by this section and the powers conferred by section 6 shall not be exercised during the period so excluded:

Provided that not more than one notice under this paragraph shall be given to a person during any period between midnight and 8 a.m.

(b) A notice under paragraph (a) may, for serious reasons, be withdrawn by a subsequent notice given in like manner, and in that event any time subsequent to the giving of the second notice shall not be excluded under that paragraph.

(c) A member of the Garda Síochána when giving a notice to any person under paragraph (a) or (b) shall explain to him orally the effect of the notice.

(d) The following particulars shall be entered in the records of the Garda Síochána station without delay—

(i) the time of the giving of a notice under paragraph (a) and the time specified therein as the time up to which the questioning is being suspended,

(ii) whether the person being detained acknowledged that he received the notice, and

(iii) the time of the giving of any notice under paragraph (b).

(e) Records kept in pursuance of paragraph (d) shall be preserved for at least twelve months and, if any proceedings are taken against the person in question for the offence in respect of which he was detained, until the conclusion of the proceedings (including any appeal or retrial).

(7) (a) Subject to paragraph (b), subsection (2) shall not apply to a person below the age of twelve years.

(b) If the member in charge of the Garda Síochána station in which a person is detained has reasonable grounds for believing that the person is not below the age of twelve years the subsection shall apply to him as if he were of that age, provided that, where such member ascertains or has reasonable grounds for believing that the person is below that age, he shall be released from custody forthwith unless his detention is authorised apart from this Act.

(8) Where it appears to a member of the Garda Síochána that a person arrested in the circumstances mentioned in subsection (2) is in need of medical attention, or where during his detention it comes to notice that he is in need of such attention, and he is taken for that purpose to a hospital or other suitable place, the time before his arrival at the station or the time during which he is absent from the station, as the case may be, shall be excluded in reckoning a period of detention permitted by this section.

F11[(8A) Where a person detained pursuant to subsection (2) is taken to a court in connection with an application relating to the lawfulness of his detention, the time during which he is absent from the station for that purpose shall be excluded in reckoning a period of detention permitted by this section.]

F12[(8B) (a) Where a medical practitioner—

(i) has, at the request of a member of the Garda Síochána, assessed the condition of a person detained pursuant to subsection (2), and

(ii) certifies that the person, although the person’s condition is not such as to require the person’s hospitalisation, is unfit for any questioning for the purpose of the investigation for a specified period,

no questioning of the person shall take place during that period and that period shall be excluded in reckoning a period of detention permitted by this section.

(b) The period that may be specified in a certificate provided under paragraph (a) by a medical practitioner shall not exceed 6 hours.

(c) A certificate may be provided under paragraph (a) on one occasion only in respect of the particular person detained pursuant to subsection (2). ]

(9) To avoid doubt, it is hereby declared that a person who is being detained pursuant to subsection (2) in connection with an offence shall in no case be held in detention (whether for the investigation of that or any other offence) F5[for longer than twenty-four hours] from the time of his arrest, not including any period which is to be excluded under F13[subsection (3F)(a), (6), (8), (8A) or (8B) or section 4A or 5A] in reckoning a period of detention.

(10) Nothing in this section shall affect the operation of section 30 of the Act of 1939.

(11) The powers conferred by this section are without prejudice to any powers exercisable by a member of the Garda Síochána in relation to offences other than offences to which this section applies.

F14[(12) In this section “relevant offence” has the meaning it has in the Criminal Justice Act 2011.]

Annotations

Amendments:

F3
Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 9(a) and (b), S.I. No. 390 of 2006.

F4
Inserted (14.12.2006) by Criminal Justice Act 2006 (26/2006), s. 9(c)(i), S.I. No. 622 of 2006.

F5
Substituted (14.12.2006) by Criminal Justice Act 2006 (26/2006), s. 9(c) and (d), S.I. No. 622 of 2006.

F6
Inserted (9.08.2011) by Criminal Justice Act 2011 (22/2011), s. 7(a), S.I. No. 411 of 2011.

F7
Substituted and inserted (4.03.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4/1997), s. 2, commenced on enactment.

F8
Substituted (26.05.1999) by Criminal Justice Act 1999 (10/1999), s. 34(a), commenced on enactment.

F9
Renumbered (26.05.1999) by Criminal Justice Act 1999 (10/1999), s. 34(b), commenced on enactment.

F10
Substituted (9.08.2011) by Criminal Justice Act 2011 (22/2011), s. 7(b), S. I. No. 411 of 2011.

F11
Inserted (4.03.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4/1997), s. 2, commenced on enactment.

F12
Inserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 24(1)(a), commenced on enactment.

F13
Substituted (9.08.2011) by Criminal Justice Act 2011 (22/2011), s. 7(d), S.I. No. 411 of 2011.

F14
Inserted (9.08.2011) by Criminal Justice Act 2011 (22/2011), s. 7(e), S.I. No. 411 of 2011.

F15
Substituted by Criminal Justice Act 2011 (22/2011), s. 7(c), not commenced as of date of revision.

Modifications (not altering text):

C1
Prospective affecting provision: subs. (6) substituted by Criminal Justice Act 2011 (22/2011), s. 7(c), not commenced as of date of revision.

4. — …

F15[(6) (a) Subject to paragraphs (c) and (d), if a person is being detained pursuant to this section in a Garda Síochána station between midnight and 8 a.m.—

(i) any questioning of the person for the purpose of the investigation shall be suspended during that period,

(ii) such period of time shall be excluded in reckoning a period of detention permitted by this section, and

(iii) the powers conferred by section 6 shall not be exercised during the period of suspension.

(b) The member of the Garda Síochána in charge of the Garda Síochána station shall inform, or cause to be informed, the detained person that he or she may object to the suspension of questioning between midnight and 8 a.m.

(c) Paragraph (a) shall not have effect if the detained person objects to the suspension of questioning under that paragraph and such objection shall be recorded in writing or by electronic or other similar means.

(d) A member of the Garda Síochána in charge of a Garda Síochána station may authorise the questioning of a person detained pursuant to this section between the hours of midnight and 8 a.m. where the member concerned has reasonable grounds for believing that to suspend the questioning would involve a risk of—

(i) interference with, or injury to other persons,

(ii) serious loss of, or damage to, property,

(iii) the destruction of, or interference with, evidence,

(iv) accomplices being alerted or the securing of their apprehension being made more difficult, or

(v) hindering the recovery of property obtained as a result of an offence or the recovery of the value of any proceeds of an offence.

(e) If at any time during which the authorisation is in effect, the member of the Garda Síochána in charge of the Garda Síochána station believes there are no longer reasonable grounds for the authorisation, it shall be withdrawn.

(f) Where an authorisation is given under paragraph (d) it shall have effect from the time of the giving of a notice in the prescribed form under paragraph (g) until 8 a.m. or until the time of the giving of a subsequent notice in the prescribed form under paragraph (h), as the case may be, and—

(i) the period during which the authorisation has effect shall be included in reckoning a period of detention permitted by this section, and

(ii) the powers conferred by section 6 shall be exercisable in respect of the person concerned.

(g) Where an authorisation is given under paragraph (d), the member of the Garda Síochána in charge of the Garda Síochána station shall give a notice in writing in the prescribed form to the detained person which shall—

(i) state that an authorisation has been given,

(ii) specify the time at which the authorisation was given together with the time at which the notice was given,

and that member shall explain to the person orally the effect of the notice so given.

(h) Where an authorisation is withdrawn under paragraph (e), the member of the Garda Síochána in charge of the Garda Síochána station shall give a notice in writing in the prescribed form to the detained person which shall—

(i) state that the authorisation has been withdrawn, and

(ii) specify the time at which the authorisation was withdrawn together with the time at which the notice was given,

and that member shall explain to the person orally the effect of the notice so given.

(i) An authorisation or a withdrawal of an authorisation under this subsection may be given orally or in writing and if given orally shall be recorded in writing as soon as practicable.

(j) Nothing in paragraph (a) shall operate to prevent the powers conferred by section 6 being exercised in respect of a person who is arrested and detained between the hours of midnight and 8 a.m.

(k) In this subsection “prescribed” means prescribed by the Minister in regulations made by the Minister under section 7.]

…

C2
Application of section extended (1.01.2016) by European Union (Identification of Equidae) Regulations 2015 (S.I. No. 62 of 2016), reg. 42(2), in effect as per reg. 1(2).

Arrest without warrant

42. …

(2) Where a person is arrested by a member of an Garda Síochána under paragraph (1), the person shall be taken by the member to a Garda Síochána station and may be detained there or arrested and detained there in accordance with section 4 of the Criminal Justice Act 1984 (No. 22 of 1984) and, accordingly, the reference in subsection (2) (inserted by section 9 of the Criminal Justice Act 2006 (No. 26 of 2006)) of that section to “an offence to which this section applies” is to be read as including a reference to an offence under the provision of these Regulations concerned.

C3
Application of section extended (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 37(5), S.I. No. 366 of 2014.

Powers of authorised officers in relation to investigations under Act of 2002

37.— …

(5) Where a member of An Garda Síochána arrests, whether in a Garda Síochána station or elsewhere, a person whom he or she, with reasonable cause, suspects of committing or of having committed an offence under section 6 or 7 of the Act of 2002 and the person has been taken to and detained in a Garda Síochána station, or if the person is arrested in a Garda Síochána station, has been detained in the station, pursuant to section 4 of the Criminal Justice Act 1984, an authorised officer or officers (but not more than 2 such officers) may, if and for so long as the officer or officers is, or are, accompanied by a member of An Garda Síochána, attend at, and participate in, the questioning of a person so detained in connection with the investigation of the offence, but only if the member of An Garda Síochána requests the authorised officer or officers to do so and the member is satisfied that the attendance at, and participation in, such questioning of the authorised officer or officers is necessary for the proper investigation of the offence concerned.

…

C4
Application of section extended (27.07.2014) by State Airports (Shannon Group) Act 2014 (27/2014), s. 48(3), commenced on enactment.

Powers of authorised officers at airport

48. — …

(3) Where a person is arrested under this section the person shall be taken by the member to a Garda Síochána station and may be detained there or arrested and detained there in accordance with section 4 of the Criminal Justice Act 1984 and, accordingly, the reference in subsection (2) (inserted by section 9 of the Criminal Justice Act 2006) of that section to “an offence to which this section applies” is to be read as including a reference to an offence referred to in subsection (1).

…

C5
Application of section extended (17.04.2014) by European Union (Animal By-Products) Regulations 2014 (S.I. No. 187 of 2014), reg. 20(2).

Powers of members of Garda Síochána and officers of the Revenue Commissioners

20. (1) Where a person is seen or found committing, or is reasonably suspected of being engaged in committing or having committed an offence under paragraph (7) or Regulation 3(2), 21 or 24, a member of the Garda Síochána may arrest the person without warrant.

(2) Where a person is arrested by a member of the Garda Síochána under paragraph (1), the person shall be taken by the member to a Garda Síochána station and may be detained there or arrested and detained there in accordance with section 4 of the Criminal Justice Act 1984 and, accordingly, the reference in subsection (2) (inserted by section 9 of the Criminal Justice Act 2006) of that section to “an offence to which this section applies” is to be read as including a reference to the offence concerned under Regulation 3(2), 21 or 24, as the case may be.

…

C6
Application of section extended (6.03.2014) by Animal Health and Welfare Act 2013 (15/2013), s. 39, S.I. No. 106 of 2014.

Power of member of Garda Síochána to arrest without warrant

39.— (1) Where a person is seen or found committing, or is reasonably suspected of being engaged in committing or having committed, an offence referred to in section 36(4)(b) or 52(2), a member of the Garda Síochána may arrest the person without warrant.

(2) Where a person is arrested by a member of the Garda Síochána under subsection (1), the person shall be taken by the member to a Garda Síochána station and may be detained there or arrested and detained there in accordance with section 4 of the Criminal Justice Act 1984 and, accordingly, the reference in subsection (2) (inserted by section 9 of the Criminal Justice Act 2006) of that Act to “an offence to which this section applies” is to be read as including a reference to an offence referred to in section 36(4)(b) or 52(2).

C7
Application of section extended (22.07.2013) by European Union (Protection of Animals at the Time of Killing) Regulations 2013 (S.I. No. 292 of 2013), reg. 21(10).

Functions of authorised officer

21. …

(10) Section 4 of the Criminal Justice Act 1984 applies to a person arrested under paragraph (9) as if he or she were detained under that provision.

…

C8
Application of section extended (1.07.2013) by European Union (Cereal Seed) Regulations 2013 (S.I. No. 217 of 2013), reg. 21(10), in effect as per reg. 1.

21. …

(10) Section 4 of the Criminal Justice Act 1984 applies to a person arrested under paragraph (9) as if he or she were detained under that provision.

…

C9
Application of section extended by European Communities (Spirits Drinks) Regulations 2009 (S.I. No. 429 of 2009), reg. 4B(10), inserted (28.03.2013) by European Communities (Spirits Drinks)(Amendment) Regulations 2013 (S.I. No. 118 of 2013), reg. 2(b).

4B. …

(10) Section 4 of the Criminal Justice Act 1984 applies to a person arrested under paragraph (9) as if he or she were detained under that provision.

…

C10
Application of section extended (11.12.2012) by European Communities (Pet Passport) Regulations 2012 (S.I. No. 504 of 2012), reg. 13(2).

Power of member of Garda Síochána to arrest without warrant

13. …

(2) Section 4 of the Criminal Justice Act 1984 applies to a person arrested under this Regulation as if he or she were arrested under that provision.

C11
Application of section extended (19.09.2012) by European Communities (Import of Personal Consignments of Products of Animal Origin) Regulations 2012 (S.I. No. 374 of 2012), reg. 5(10).

Functions of authorised officer

5. …

(10) Section 4 of the Criminal Justice Act 1984 applies to a person arrested under this Regulation as if he or she were detained under that provision.

…

C12
Application of section restricted (1.09.2010) by Criminal Procedure Act 2010 (27/2010), ss. 16(6) and 17(5), S.I. No. 414 of 2010.

Arrest of person in respect of whom section 15 applies may be authorised by District Court in certain circumstances.

16.—(1) A person in respect of whom section 15 applies may be arrested again for a relevant offence in respect of which he or she has been acquitted in accordance with, and only in accordance with, this section.

…

(6) Subsections (5) and (5A) of section 4 and section 10 of the Act of 1984 shall not apply to a person arrested and detained under this section.

…

Arrest in certain circumstances of person in respect of whom section 15 applies where person is in prison etc.

17.— (1) A person in respect of whom section 15 applies who is detained in a prison or a children detention school may be arrested again for a relevant offence in respect of which he or she has been acquitted in accordance with, and only in accordance with, this section.

…

(5) Subsections (4), (5) and (5A) of section 4 and section 10 of the Act of 1984 shall not apply to a person arrested and detained under this section.

…

C13
Application of section extended (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 52, S.I. No. 236 of 2007, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 23(4), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 108, S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

52. —[(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.

[(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.]

C14
Application of section extended (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 51(4), S.I. No. 236 of 2007.

Rearrest.

51. —…

(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.

C15
Certain references construed (9.05.2007) by Garda Síochána Act 2005 (20/2005), s. 98, S.I. No. 217 of 2007.

Powers of designated officers of Ombudsman Commission for purpose of investigating complaints that appear to involve offences.

98.— (1) If directed by the Ombudsman Commission under section 91(2)(b), 92(c), 94(8)(a) or 94(11)(b) to investigate a complaint under this section, a designated officer has, in relation to the member of the Garda Síochána under investigation, for the purposes of the investigation all the powers, immunities and privileges conferred and all the duties imposed on any member of the Garda Síochána by or under any enactment or the common law, including those relating to the following matters:

(a) the entry and search of any place (other than a Garda Síochána station) pursuant to a warrant issued in accordance with law and the seizure of things authorised by the warrant;

(b) the arrest, with or without a warrant, of a person;

(d) the issue of a summons to a person;

(e) the search of a person and the taking of his or her photograph, fingerprints and palmprints;

(f) the detention and questioning of a person;

(g) the taking of bodily samples or other things from a person for the purpose of forensic testing.

(2) For the purpose of subsection (1), an enactment conferring a power, immunity or privilege or imposing a duty on a member of the Garda Síochána in relation to any of the matters specified in that subsection applies with the following modifications and any other necessary modifications:

(a) subject to paragraph (c), a reference in the enactment to a member of the Garda Síochána is to be read as a reference to a designated officer of the Ombudsman Commission;

(b) a reference in section 4 of the Criminal Justice Act 1984 or in the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 (S.I. No. 119 of 1987) to a member in charge of a Garda Síochána station is to be read as a reference to a designated officer of the Ombudsman Commission;

(c) a reference in the enactment to a member of the Garda Síochána not below the rank of inspector is to be read as a reference to a member of the Ombudsman Commission.

…

C16
Application of section restricted (1.10.1999) by Criminal Justice Act 1999 (10/1999), s. 42, S.I. No. 302 of 1999, as amended (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 11, S.I. No. 390 of 2006.

Arrest and detention of prisoners in connection with investigation of other offences.

42.—…

[(2) A member of an Garda Síochána may arrest a prisoner on the authority of a judge of 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 the following conditions are fulfilled:

(a) there are reasonable grounds for suspecting that the prisoner has committed an offence or offences other than the offence or offences in connection with which he or she is imprisoned;

(b) the arrest of the prisoner is necessary for the proper investigation of the offence or offences that he or she is suspected of having committed; and

(c) where the prisoner has previously been arrested for the same offence or offences, whether prior to his or her imprisonment or under this section, further information has come to the knowledge of the Garda Síochána since that arrest as to the prisoner’s suspected participation in the offence or offences for which his or her arrest is sought.]

(3) A person arrested under this section—

(a) shall be taken forthwith to a Garda Station and may, subject to subsection (5), be detained there for such period as is authorised under section 4 of the Act of 1984, and

(b) shall, subject to this section, be dealt with as though he or she had been detained under that section.

(4) Section 4(4), (5), (5A) and 10 of the Act of 1984 shall not apply to a person arrested and detained under this section.

…

C17
Application of section extended (9.09.1996) by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), ss. 4(4) and 5, S.I. No. 257 of 1996, s. 5 as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 22(3), commenced on enactment; and s. 5 as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 106, S.I. No. 508 of 2015.

Rearrest.

4. — …

(4) A person arrested in connection with an offence other than one to which section 2 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.

…

Application of certain provisions of Act of 1984.

5.—[(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 2 as they apply to persons detained under section 4 of the Act of 1984.

[(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 2 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 a drug trafficking offence; 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 2.]

Editorial Notes:

E3
Prospective affecting provision: subs. (6) deleted by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 47(a), not commenced as of date of revision. Section 47(a) of the Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009) was repealed by Criminal Justice Act 2011 (22/2011), s. 5 but this repeal has not been commenced as of date of revision. Subs. (6) was also substituted by Criminal Justice Act 2011 (22/2011), s. 7(c) but this substitution has not been commenced as of date of revision.

E4
Form of notice for purposes of subss. (3B)(d), (3C) and (3D) and procedures for service of such notices prescribed (28.08.2017) by Criminal Justice Act 1984 (Suspension of Detention under Section 4(3A)) (Persons under 18 years of age) Regulations 2017 (S.I. No. 380 of 2017), in effect as per reg. 1(2).

E5
Power granted to court to issue a warrant authorising the detention of certain persons detained under section for further period for the purpose of having an intimate sample taken from that person (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), ss. 16(7) and 17(7), S.I. No. 508 of 2014.

E6
Destruction of samples taken in custody procedure under section provided (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), ss. 76-80, 84 and 85, S.I. No. 508 of 2015.

E7
Power granted to take intimate sample or a non-intimate sample or more than one sample from person detained under section (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 9, S.I. No. 508 of 2015.

E8
Power granted to certain authorised officers to attend at and participate in the questioning of persons detained under section (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 37(5), S.I. No. 366 of 2014.

E9
Form of notice for purposes of subss. (3B)(d), (3C) and (3D) and procedures for service of such notices prescribed (9.08.2011) by Criminal Justice Act 1984 (Suspension of Detention under section 4(3A)) Regulations 2011 (S.I. No. 416 of 2011), in effect as per reg. 1(2).

E10
Power granted to certain authorised officers to attend at and participate in the questioning of persons detained under section by Taxes Consolidation Act 1997 (39/1997), s. 912B(3), as inserted (13.03.2008) by Finance Act 2008 (3/2008), s. 134, commenced on enactment.

E11
Power granted to certain bureau officers to attend at and participate in the questioning of persons detained under section by Criminal Assets Bureau Act 1996 (31/1996), s. 8(6A), as inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 58, S.I. No. 236 of 2007.

E12
Provision made for the electronic recording of interviews with suspects detained under section (1.03.1997) by Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 (S.I. No. 74 of 1997).

E13
Matters to be recorded in custody record in respect of persons detained under section prescribed (16.05.1987) by Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 (S.I. No. 119 of 1987), regs. 7 and 12, in effect as per reg. 1(2).

E14
Previous affecting provision: application of section extended (15.05.2014) by European Union (Identification of Equidae) Regulations 2014 (S.I. No. 207 of 2014), reg. 41(2); revoked (1.01.2016) by European Union (Identification of Equidae) Regulations 2015 (S.I. No. 62 of 2015), reg. 47(a), in effect as per reg. 1(2).

E15
Previous affecting provision: subs. (9) amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 24(2), commenced on enactment; superseded as per F-note above.

E16
Previous affecting provision: subs. (9) amended by Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 47(b), not commenced; superseded as per F-note above. Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 47(b) was repealed by Criminal Justice Act 2011 (22/2011), s. 5 but this repeal has not been commenced as of date of revision.

E17
Previous affecting provision: subs. (9) amended (4.03.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4/1997), s. 2(d), commenced on enactment; superseded as per F-note above.

E18
Previous affecting provision: subs. (2) amended (4.03.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4/1997), s. 2(a), commenced on enactment; superseded as per F-note above.

E19
Previous affecting provision: power granted to members of an Garda Síochána to take, or cause to be taken, certain bodily samples from persons detained under section for purposes of forensic testing (5.06.1992) by Criminal Justice (Forensic Evidence) Act 1990 (34/1990), s. 2, S.I. No. 129 of 1992; 1990 Act repealed (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 6(1), S.I. No. 508 of 2015.

F16[

Power to arrest and return person for purpose of continuation of detention.

4A.— (1) Notwithstanding section 10, where a member of the Garda Síochána reasonably suspects that a person has failed to return in accordance with section 4(3B) to a Garda Síochána station for the continuation of his or her detention, the member may, for the purpose of the continuation of the detention—

(a) arrest the person without warrant, and

(b) return him or her to the Garda Síochána station specified for the continuation of the detention concerned.

(2) A person who is arrested under this section shall, as soon as practicable, be returned to the Garda Síochána station which is specified for the continuation of his or her detention.

(3) Where a person is returned to a Garda Síochána station under subsection (2), the period of time commencing on his or her arrest and ending on his or her arrival to the Garda Síochána station concerned shall be excluded in reckoning a period of detention permitted under section 4.]

Annotations

Amendments:

F16
Inserted (9.08.2011) by Criminal Justice Act 2011 (22/2011), s. 8, S.I. No. 411 of 2011.

F17[

Offence of failing to return to Garda Síochána station.

4B.— (1) If a person whose detention has been suspended under section 4(3A) fails, without reasonable excuse, to return to the Garda Síochána station concerned in accordance with subsection (3B) of section 4, he or she shall be guilty of an offence and shall be liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 12 months or to both.

(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this section may be instituted within 2 years from the date on which the offence was committed.

(3) The provisions of this section are in addition to, and not in substitution for, the provisions of section 4A.]

Annotations

Amendments:

F17
Inserted (9.08.2011) by Criminal Justice Act 2011 (22/2011), s. 8, S.I. No. 411 of 2011. A class A fine means a fine not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1) and table ref. no. 1, S.I. No. 662 of 2010.

F18[Regulations regarding suspension of person’s detention under section 4(3A).

4C.— (1) Without prejudice to section 7 and to the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 (S.I. No. 119 of 1987), the Minister shall make regulations in relation to the procedures that are to apply where a person’s detention is suspended under section 4(3A) and, without prejudice to the generality of the foregoing, such regulations may make provision for—

(a) the form of notices for the purposes of subsections (3B), (3C) and (3D) of section 4, and

(b) the notice period for the purpose of section 4(3D)(b).

(2) 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.

(3) 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 person 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.

(4) A failure on the part of any member of the Garda Síochána to observe any provision of the regulations shall render him or her liable to disciplinary proceedings.

(5) Every regulation 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.]

Annotations

Amendments:

F18
Inserted (9.08.2011) by Criminal Justice Act 2011 (22/2011), s. 8, S.I. No. 411 of 2011.

Editorial Notes:

E20
Power pursuant to section exercised (28.08.2017) by Criminal Justice Act 1984 (Suspension of Detention under Section 4(3A)) (Persons under 18 years of age) Regulations 2017 (S.I. No. 380 of 2017), in effect as per reg. 1(2).

E21
Power pursuant to section exercised (9.08.2011) by Criminal Justice Act 1984 (Suspension of Detention under section 4(3A)) Regulations 2011 (S.I. No. 416 of 2011), in effect as per reg. 1(2).

Access to solicitor and notification of detention.

5.—(1) Where a person not below the age of F19[eighteen years] is detained in a Garda Síochána station pursuant to section 4, the member of the Garda Síochána in charge of the station shall inform him or cause him to be informed without delay that he is entitled to consult a solicitor and to have notification of his detention and of the station where he is being detained sent to one other person reasonably named by him and shall, on request, cause the solicitor and the named person to be notified accordingly as soon as practicable.

(2) F20[…]

(3) If and for so long as the member of the Garda Síochána in charge of a Garda Síochána station in which a person is detained pursuant to section 4 has reasonable grounds for believing that the person is not below the age of F19[eighteen years], the provisions of subsection (1) shall apply as if he were of that age.

Annotations

Amendments:

F19
Substituted (1.05.2002) by Children Act 2001 (24/2001), s. 67, S.I. No. 151 of 2002.

F20
Deleted (1.05.2002) by Children Act 2001 (24/2001), s. 67, S. I. No. 151 of 2002.

Modifications (not altering text):

C18
Application of section extended (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 52, S.I. No. 236 of 2007, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 23(4), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 108, S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

(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.]

C19
Application of section extended (9.09.1996) by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 5, S.I. No. 257 of 1996, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 22(3), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 106, S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

[(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 2 as they apply to fingerprints, palm prints and photographs taken from or of a person detained under section 4 of the Act of 1984:

(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 2.]

F21[ Questioning of persons detained under section 4 not generally permitted pending access to legal advice.

5A.—…]

Annotations

Amendments:

F21
Inserted by Criminal Justice Act 2011 (22/2011), s. 9(a), not commenced as of date of revision.

Modifications (not altering text):

C20
Prospective amending provision: section inserted by Criminal Justice Act 2011 (22/2011), s. 9(a), not commenced as of date of revision:

F21[5A.— (1) Subject to subsections (4) and (5), no questioning of a person detained pursuant to section 4 shall take place until such time as the person has had an opportunity to consult with a solicitor and, the period of time commencing from the time the detained person makes the request to consult a solicitor and ending upon the commencement of such a consultation, shall be excluded in reckoning a period of detention permitted by section 4.

(2) The period that may be excluded under subsection (1) shall not—

(a) in the case of a person who is detained in a Garda Síochána station between the hours of midnight and 8 a.m. where section 4(6)(c) applies, exceed 6 hours or such other shorter period as the Minister may prescribe by regulations under section 5B, or

(b) in any other case, exceed 3 hours or such other shorter period as the Minister may prescribe by regulations under section 5B.

(3) A detained person who refuses to consult with a solicitor who has made himself or herself available for the purpose of consulting with the detained person shall, in so refusing to consult with the solicitor, be deemed to have waived his or her right to consult a solicitor.

(4) Where a person detained pursuant to section 4 waives or is deemed under subsection (3) to have waived his or her right to consult a solicitor the questioning of that person may commence.

(5) A member of the Garda Síochána in charge of a Garda Síochána station may authorise the questioning of a person who is being detained pursuant to section 4 and who has not yet consulted with a solicitor where the member concerned has reasonable grounds for believing that to delay the questioning would involve a risk of—

(a) interference with, or injury to, other persons,

(b) serious loss of, or damage to, property,

(d) accomplices being alerted or the securing of their apprehension being made more difficult, or

(e) hindering the recovery of property obtained as a result of an offence or the recovery of the value of any proceeds of an offence.

(6) Where an authorisation is given under subsection (5), the member in charge shall give a notice in writing in the prescribed form to the detained person which shall—

(a) state that an authorisation has been given,

(b) specify the time at which the authorisation was given together with the time at which the notice was given,

and that member shall explain to the person orally the effect of the notice so given.

(7) An authorisation under subsection (5) may be given orally or in writing and if given orally shall be recorded in writing as soon as practicable.

(8) In this section and in section 5B—

“consultation” means a consultation in private and includes consultation by means of a telephone;

“consultation in private” includes consultation within sight of a member of the Garda Síochána but not within hearing distance of the member concerned.]

F22[Regulations regarding access to solicitor during detention.

5B.— …]

Annotations

Amendments:

F22
Inserted by Criminal Justice Act 2011 (22/2011), s. 9(a), not commenced as of date of revision.

Modifications (not altering text):

C21
Prospective amending provision: section inserted by Criminal Justice Act 2011 (22/2011), s. 9(a), not commenced as of date of revision:

F22[5B.— (1) Without prejudice to section 7 and to the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 (S.I. No. 119 of 1987), the Minister shall make regulations in relation to access to a solicitor by persons detained in Garda Síochána stations and, without prejudice to the generality of the foregoing, such regulations may make provision for—

(a) the periods for the purpose of section 5A(2),

(b) the procedures that are to apply in circumstances where a person nominates a solicitor of his or her choice for the purpose of consulting with that solicitor, including the procedures that are to apply in circumstances where the solicitor nominated by the detained person is unable to undertake to make himself or herself available within a specified period,

(c) the procedures that are to apply for the nomination by the member of the Garda Síochána in charge of the Garda Síochána station of another solicitor who can undertake to make himself or herself available within a specified period,

(d) the procedures that are to apply where a detained person refuses to consider whether or not he or she wishes to nominate a solicitor for the purpose of consulting with that solicitor, including the procedures for the nomination, by the member of the Garda Síochána in charge of the Garda Síochána station, of a solicitor who can undertake to make himself or herself available within a specified period,

(e) the periods for the purposes of paragraphs (b), (c) and (d),

(f) the procedures that are to apply in circumstances where a solicitor nominated by the Garda Síochána makes himself or herself available for the purpose of consulting with that person,

(g) the procedures that are to apply in circumstances where a person refuses to consult with the solicitor who makes himself or herself available for the purpose of consulting with that person, including the provision for informing the detained person of the effect under section 5A(3) of such refusal,

(h) the procedures that are to apply in circumstances where—

(i) a person waives his or her right to consult a solicitor, including the form of such waiver, and

(ii) a person is deemed under section 5A(3) to have waived his or her right to consult a solicitor, including the form of such waiver,

(i) the procedures that are to apply in circumstances where a person withdraws his or her waiver, including the form of such withdrawal of waiver,

(j) provision of consultation facilities including facilities to enable a detained person to consult in private with a solicitor in person or by means of a telephone, and

(k) the form for the purpose of section 5A(6).

(2) Regulations under this section may—

(a) make different provisions in relation to different classes of persons detained in Garda Síochána stations, or

(b) for the purpose of the periods under section 5A(2), fix different periods in relation to different areas.

(3) 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.

(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 person 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.

(5) A failure on the part of any member of the Garda Síochána to observe any provision of the regulations shall render him or her liable to disciplinary proceedings.

(6) Every regulation 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.]

Powers of Garda Síochána in relation to detained person.

6.—(1) Where a person is detained pursuant to section 4, a member of the Garda Síochána may—

(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) F23[…]

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

F24[(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.]

F25[(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.]

(3) Subsection (1) (b) does not empower a member of the Garda Síochána to require a person to remove his underclothing, except where such member, with reasonable cause, suspects that he has concealed on his person a controlled drug (within the meaning of section 2 of the Misuse of Drugs Act, 1977) or an explosive substance and a member of the Garda Síochána not below the rank of superintendent so authorises.

(4) 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) 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 on summary conviction to F26[a class A fine] or to imprisonment for a term not exceeding 12 months or to both.

(5) Section 7 (2) of the Criminal Law Act, 1976, is hereby amended by the substitution in paragraph (a), for “£500”, of “£1,000” and by the deletion of paragraph (b).

Annotations

Amendments:

F23
Repealed (5.06.1992) by Criminal Justice (Forensic Evidence) Act 1990 (34/1990), s. 6, S. I. No. 129 of 1992.

F24
Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 48(a)(i), S.I. No. 236 of 2007.

F25
Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 48(a)(ii), S.I. No. 236 of 2007.

F26
Substituted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 171, S.I. No. 508 of 2015. A class A fine means a fine not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1) and table ref. no. 1, S.I. No. 662 of 2010.

Modifications (not altering text):

C22
Application of subs. (1A) extended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 100(3), S.I. No. 508 of 2015.

Power of Garda Síochána to take fingerprints and palm prints of persons arrested for purpose of charge

100. …

(3) The provisions of subsection (1A) of section 6 and section 6A of the Act of 1984 shall apply to fingerprints and palm prints taken pursuant to this section as they apply to fingerprints and palm prints taken pursuant to the said section 6.

…

C23
Application of section extended (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 52, S.I. No. 236 of 2007, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 23(4), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 108, S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

(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.]

C24
Application of section extended (9.09.1996) by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 5, S.I. No. 257 of 1996, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 22(3), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 106, S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

[(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 2 as they apply to fingerprints, palm prints and photographs taken from or of a person detained under section 4 of the Act of 1984:

(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 2.]

F27[

Use of reasonable force in certain circumstances.

6A.—F28[(1) Without prejudice to the generality of section 6, a member of the Garda Síochána and the member or members of the Garda Síochána assisting that member 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 is reasonably considered necessary—

(i) to take the photograph or fingerprints and palm prints, or

(ii) to prevent them from being lost, damaged or otherwise being made imperfect,

or both.]

(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) F28[Where it is intended to exercise the power conferred by subsection (1), one of the members of the Garda Síochána concerned 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 F28[a member of the Garda Síochána not below the rank of inspector and that member shall determine the number of members of the Garda Síochána that is reasonably necessary for the purposes of subsection (1)].

(5) The taking of such photographs and fingerprints and palm prints shall be F28[recorded by electronic or similar means].]

Annotations

Amendments:

F27
Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 48(b), S.I. No. 236 of 2007.

F28
Substituted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 102, S.I. No. 508 of 2015.

Modifications (not altering text):

C25
Application of section extended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 100(3), S.I. No. 508 of 2015.

Power of Garda Síochána to take fingerprints and palm prints of persons arrested for purpose of charge

100.— …

…

C26
Application of section extended (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 52, S.I. No. 236 of 2007, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 23(4), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 108, S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

(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.]

C27
Application of section extended (9.09.1996) by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s.5, S.I. No. 257 of 1996, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 22(3), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 106, S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

[(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 2 as they apply to fingerprints, palm prints and photographs taken from or of a person detained under section 4 of the Act of 1984:

(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 2.]

Regulations regarding treatment of persons in custody.

7.—(1) The Minister shall make regulations providing for the treatment of persons in custody in Garda Síochána stations.

(2) The regulations shall include provision for the assignment to the member of the Garda Síochána in charge of a Garda Síochána station, or to some other member, of responsibility for overseeing the application of the regulations at that station, without prejudice to the responsibilities and duties of any other member of the Garda Síochána.

(4) A failure on the part of any member of the Garda Síochána to observe any provision of the regulations shall render him liable to disciplinary proceedings.

(5) A draft of every regulation proposed to be made under this section shall be laid before each House of the Oireachtas and the regulation shall not be made until a resolution approving the draft has been passed by each such House.

Annotations

Modifications (not altering text):

C28
Application of section and regulations made thereunder extended (9.09.1996) by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 2(9)(b), S.I. No. 257 of 1996.

Powers of detention.

2.— …

(9) …

(b) Section 7 of the Act of 1984 and any regulations made thereunder shall, with any necessary modifications, apply in relation to places of detention as they apply in relation to Garda Síochána stations.

Editorial Notes:

E22
Power pursuant to section exercised (31.03.2023) by Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) (Amendment) Regulations 2023 (S.I. No. 151 of 2023).

E23
Power pursuant to section exercised (14.12.2006) by Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) (Amendment) Regulations 2006 (S.I. No. 641 of 2006).

E24
Power pursuant to section exercised (16.05.1987) by Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 (S.I. No. 119 of 1987), in effect as per reg. 1(2).

F29[

Destruction of fingerprints, palm prints and photographs

8.— (1) A fingerprint, palm print or photograph of a person taken in pursuance of the powers conferred by section 6 or 6A shall, if not previously destroyed, be destroyed in accordance with this section and sections 8A to 8I.

(2) Subject to section 8A, a fingerprint, palm print or photograph of a person referred to in subsection (1) shall, if not previously destroyed, be destroyed in any of the following circumstances not later than the expiration of the period of 3 months from the date on which such circumstances first apply to the person:

(a) where proceedings for an offence to which section 4 applies—

(i) are not instituted against the person within the period of 12 months from the date of the taking of the fingerprint, palm print or photograph concerned, 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

(ii) have been instituted and—

(I) the person is acquitted of the offence,

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

(III) the proceedings for the offence are discontinued;

(b) the person is the subject of an order under section 1(1) of the Probation of Offenders Act 1907 in respect of the offence concerned in connection with which the fingerprint, palm print or photograph concerned was taken and he or she has not been convicted of an offence to which section 4 applies during the period of 3 years from the making of the order under that Act;

(c) subject to subsection (3), the person is the subject of an order under section 1(2) of the Probation of Offenders Act 1907 in respect of the offence concerned in connection with which the fingerprint, palm print or photograph concerned was taken and he or she has not been convicted of an offence to which section 4 applies during the period of 3 years from the making of the order under that Act;

(d) the person’s conviction for the offence concerned in connection with which the fingerprint, palm print or photograph concerned was taken is quashed;

(e) the person’s conviction for the offence concerned in connection with which the fingerprint, palm print or photograph concerned was taken is declared to be a miscarriage of justice under section 2 of the Criminal Procedure Act 1993.

(3) Subsection (2)(c) shall not apply to an order under section 1(2) of the Probation of Offenders Act 1907 discharged on the appeal of a person against conviction for the offence concerned if on appeal his or her conviction is affirmed.

(4) For the purposes of this section the “retention period”, in relation to a fingerprint, palm print or photograph, means the period from the taking of the fingerprint, palm print or photograph, as the case may be, from a person to the latest date for the destruction of that fingerprint, palm print or photograph under subsection (2).]

Annotations

Amendments:

F29
Substituted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 103, S.I. No. 508 of 2015.

Modifications (not altering text):

C29
Application of section extended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 100(6), S.I. No. 508 of 2015.

Power of Garda Síochána to take fingerprints and palm prints of persons arrested for purpose of charge

100.—…

(6) Sections 8 to 8I of the Act of 1984 shall, with the following and any other necessary modifications, apply to fingerprints and palm prints taken from a person pursuant to this section as they apply to fingerprints and palm prints taken from a person pursuant to section 6 or 6A of that Act:

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

(b) references to section 6 or 6A of the Act of 1984 shall be construed as references to this section; and

(c) references to the detention of the person under section 4 of the Act of 1984 shall be construed as references to the person being arrested for the purposes of being charged with a relevant offence under this section.

C30
Application of section extended (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 52, S.I. No. 236 of 2007, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 23(4), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 108, S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

(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.]

C31
Application of section extended (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 12(4), S.I. No. 390 of 2006, as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 107, S.I. No. 508 of 2015.

Power of Garda Síochána to photograph arrested persons.

12.— …

[(4) Sections 8 to 8I of the Act of 1984 shall, with the following and any other necessary modifications, apply to photographs taken of a person pursuant to this section as they apply to photographs taken of a person pursuant to section 6 or 6A 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 in respect of which a person may be arrested by a member of the Garda Síochána under any power conferred on him or her by law;

(b) references to section 6 or 6A of the Act of 1984 shall be construed as references to this section; and

(c) references to the detention of the person under section 4 of the Act of 1984 shall be construed as references to the arrest of the person by a member of the Garda Síochána under any power conferred on him or her by law.]

C32
Application of section extended (9.09.1996) by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 5, S.I. No. 257 of 1996, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 22(3), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 106, S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

[(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 2 as they apply to fingerprints, palm prints and photographs taken from or of a person detained under section 4 of the Act of 1984:

(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 2.]

Editorial Notes:

E25
Previous affecting provision: section substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 49, S.I. No. 236 of 2007; section substituted as per F-note above.

E26
Previous affecting provision: subss. (2) and (7) amended, subs. (3) substituted and subs. (3A) inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 13(b), S.I. No. 309 of 2006; section substituted as per F-note above.

F30[

Extension of retention period under section 8 for fingerprints, palm prints and photographs in certain circumstances.

8A.— (1) A fingerprint, palm print or photograph taken from or of a person shall not be destroyed under section 8 in any case in which the Commissioner determines that any of the following circumstances apply:

(a) a decision has not been taken whether or not to institute proceedings against the person for the offence concerned in connection with which the fingerprint, palm print or photograph concerned was taken;

(b) the investigation of that offence has not been concluded;

(c) the fingerprint, palm print or photograph concerned, and the results of any examination or analysis of it, are likely to be required for the prosecution of an offence connected with the event, incident or circumstances the subject of the offence concerned—

(i) for use as evidence in such proceedings,

(ii) for disclosure to, or use by, a defendant in such proceedings, or

(iii) to support the admissibility of any evidence on which the prosecution may seek to rely in such proceedings;

(d) having regard to the matters specified in subsection (2), the Commissioner believes it is necessary to retain the fingerprint, palm print or photograph concerned in connection with the investigation of the offence concerned taking account of all the circumstances of the case and the reasons why—

(i) proceedings for that offence have not been instituted against the person, or

(ii) if such proceedings have been instituted against the person, they were determined without he or she being convicted of the offence concerned or he or she being the subject of an order under section 1(1) of the Probation of Offenders Act 1907;

F31[(da) the person is subject to the requirements of Part 2 of the Sex Offenders Act 2001 and there are reasonable grounds for believing that the fingerprint, palm print or photograph of the person may be required for the purposes of establishing or verifying the identity of the person;]

(e) there are reasonable grounds for believing that the fingerprint, palm print or photograph of the person may be required in connection with the investigation of an offence to which section 4 applies, other than the offence in connection with which the fingerprint, palm print or photograph was taken, which the person is suspected of having committed.

(2) The matters referred to in subsection (1)(d) to which the Commissioner shall have regard are the following:

(a) whether the person concerned has any previous conviction for an offence similar in nature or gravity to the offence concerned in connection with which the fingerprint, palm print or photograph concerned was taken from or of him or her;

(b) the nature and seriousness of that offence;

(i) a child,

(ii) a vulnerable person, or

(iii) associated with the person,

at the time of the commission, or alleged commission, of that offence; and

(d) any other matter that the Commissioner considers appropriate for the purposes of the determination.

(3) If, in relation to a fingerprint, palm print or photograph taken from or of a person, the Commissioner determines that one of the paragraphs of subsection (1) applies, then, he or she may, during the retention period referred to in section 8, give an authorisation to extend that period by a period of 12 months.

(4) The Commissioner may, while an authorisation under subsection (3) or this subsection, as may be appropriate, is still in force, give an authorisation under this subsection to extend the retention period on a second or further occasion for a period of 12 months commencing on the expiration of the period of 12 months to which the authorisation previously given relates if he or she determines that one of the paragraphs of subsection (1) applies.

(5) Whenever the Commissioner gives an authorisation under subsection (3) or (4), he or she shall, in relation to a fingerprint, palm print or photograph taken from or of a person that is the subject of the authorisation, cause the person to be informed by notice in writing that the authorisation has been given under subsection (3) or (4), as may be appropriate, the date on which that authorisation was given and of the right of appeal under subsection (6).

(6) The person to whom the authorisation concerned relates (in this section called “the appellant”) may, within the period of 3 months from the date of the notice under subsection (5) concerned, appeal to the District Court against that authorisation.

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

(a) be on notice to the Commissioner, and

(b) be heard otherwise than in public.

(8) If, on an appeal under subsection (6), the District Court—

(a) confirms the authorisation concerned, or

(b) allows the appeal,

the Commissioner shall give effect to the decision of the Court.

(9) The jurisdiction conferred on the District Court by this section shall be exercised by a judge of the District Court who is assigned to the district court district in which the appellant ordinarily resides or, if the appellant does not ordinarily reside in the State, by a judge of the District Court who is assigned to the district court district in which the fingerprint, palm print or photograph concerned was taken.

(10) The District Court may make such order as to costs as it considers appropriate on an appeal under subsection (6).

(11) In this section—

“child” means a person who has not attained the age of 18 years;

“civil partner” has the meaning it has in section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

“cohabitant”, in relation to a person, means another person who is neither married to the person nor a civil partner of the person who is living with the person as a husband or wife, or as a civil partner, of the person;

“vulnerable person” means a person, other than a child, whose capacity to guard himself or herself against violence, exploitation or abuse, whether physical, sexual or emotional, by another person is significantly impaired through—

(a) a physical disability, illness or injury,

(b) a disorder of the mind, whether as a result of mental illness or dementia, or

(12) For the purposes of this section a person shall be regarded as associated with another person if—

(a) he or she is a spouse or a former spouse of the person,

(b) he or she is a civil partner or a former civil partner of the person,

(d) he or she is a relative of the person, or

(e) he or she has or has had an intimate personal relationship with the person for a significant period of time.

(13) Nothing in this section shall—

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

(b) pending the conclusion of proceedings under this section, prevent or restrict the use of the fingerprint, palm print or photograph concerned for the purposes of—

(i) this Act,

(ii) a criminal investigation, or

(iii) other proceedings.]

Annotations

Amendments:

F30
Inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 103, S.I. 508 of 2015.

F31
Inserted (13.11.2023) by Sex Offenders (Amendment) Act 2023 (9/2023), s. 29, S.I. No. 539 of 2023.

Modifications (not altering text):

C33
Application of section extended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 100(6), S.I. No. 508 of 2015.

Power of Garda Síochána to take fingerprints and palm prints of persons arrested for purpose of charge

100.— …

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

(b) references to section 6 or 6A of the Act of 1984 shall be construed as references to this section; and

C34
Application of section extended by Criminal Justice Act 2007 (29/2007), s. 52(2), as 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.

Application of certain provisions of Act of 1984.

52.—…

(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.]

C35
Application of section extended by Criminal Justice Act 2006 (26/2006), s. 12(4), as substituted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 107, S.I. No. 508 of 2015.

Power of Garda Síochána to photograph arrested persons.

12.— …

(b) references to section 6 or 6A of the Act of 1984 shall be construed as references to this section; and

…

C36
Application of section extended by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 5(2), as inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 106(c), S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

5.—…

[(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 2 as they apply to fingerprints, palm prints and photographs taken from or of a person detained under section 4 of the Act of 1984:

(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 2.]

F32[

Destruction of fingerprints, palm prints and photographs in exceptional circumstances

8B.— (1) Notwithstanding sections 8 and 8A, if the Commissioner is satisfied that exceptional circumstances exist that justify the destruction of a fingerprint, palm print or photograph of a person, the fingerprint, palm print or photograph concerned shall be destroyed as soon as practicable after the application of those circumstances in relation to that fingerprint, palm print or photograph becomes known.

(2) The exceptional circumstances referred to in subsection (1) are the following:

(a) it is established, at any time after the detention of the person concerned under section 4 for the purposes of the investigation of an offence to which that section applies during which the fingerprint, palm print or photograph concerned was taken, that no such offence was committed;

(b) it is established that the detention of the person concerned under section 4 for the purposes of the investigation of an offence to which that section applies during which the fingerprint, palm print or photograph concerned was taken was on the basis of the mistaken identity of the person concerned as the perpetrator of that offence; or

(c) it is determined by a court that the detention of the person concerned under section 4 for the purposes of the investigation of an offence to which that section applies during which the fingerprint, palm print or photograph concerned was taken was unlawful.]

Annotations

Amendments:

F32
Inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 103, S.I. No. 508 of 2015.

Modifications (not altering text):

C37
Application of section extended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 100(6), S.I. No. 508 of 2015.

Power of Garda Síochána to take fingerprints and palm prints of persons arrested for purpose of charge

100.— …

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

(b) references to section 6 or 6A of the Act of 1984 shall be construed as references to this section; and

C38
Application of section extended by Criminal Justice Act 2007 (29/2007), s. 52(2), as 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.

Application of certain provisions of Act of 1984.

52.—…

(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.]

C39
Application of section extended by Criminal Justice Act 2006 (26/2006), s. 12(4), as substituted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 107, S.I. No. 508 of 2015.

Power of Garda Síochána to photograph arrested persons.

12.— …

(b) references to section 6 or 6A of the Act of 1984 shall be construed as references to this section; and

…

C40
Application of section extended by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 5(2), as inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 106(c), S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

5.—…

[(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 2 as they apply to fingerprints, palm prints and photographs taken from or of a person detained under section 4 of the Act of 1984:

(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 2.]

F33[

Dismissal of charges, quashing of convictions and determination of proceedings.

8C.— (1) For the purposes of section 8, a charge against a person in respect of an offence to which section 4 applies 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

(2) In sections 8 and 8A, references to a conviction of a person for an offence to which section 4 applies shall be construed as including references to a conviction of the person for such an offence after a re-trial for that offence.

(3) In section 8, a reference to a conviction of a person for an offence to which section 4 applies being quashed shall, subject to subsection (4), be construed as a reference to where a court hearing an appeal against the conviction makes an order quashing the conviction and, if the court is the Court of Criminal Appeal, either—

(a) it does not order the person to be re-tried for the offence concerned, or

(b) it does not substitute for the verdict a verdict of guilty of another offence that is an offence to which section 4 applies.

(4) A conviction of a person for an offence to which section 4 applies shall not be regarded as quashed for the purposes of section 8 if an appeal is contemplated, or taken, under section 23 of the Criminal Procedure Act 2010 or, on hearing the appeal, the Supreme Court quashes the acquittal of the person or reverses the decision of the Court of Criminal Appeal, as the case may be, and orders the person to be re-tried for the offence.

(5) In section 8A, references to the proceedings in respect of an offence being determined shall be construed as references to where those proceedings are finally determined (including any appeal, whether by way of case stated or otherwise, rehearing or retrial).]

Annotations

Amendments:

F33
Inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 103, S.I. No. 508 of 2015.

Modifications (not altering text):

C41
Application of section extended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 100(6), S.I. No. 508 of 2015.

Power of Garda Síochána to take fingerprints and palm prints of persons arrested for purpose of charge

100.— …

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

(b) references to section 6 or 6A of the Act of 1984 shall be construed as references to this section; and

C42
Application of section extended by Criminal Justice Act 2007 (29/2007), s. 52(2), as 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.

Application of certain provisions of Act of 1984.

52.—…

(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.]

C43
Application of section extended by Criminal Justice Act 2006 (26/2006), s. 12(4), as substituted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 107, S.I. No. 508 of 2015.

Power of Garda Síochána to photograph arrested persons.

12.— …

(b) references to section 6 or 6A of the Act of 1984 shall be construed as references to this section; and

…

C44
Application of section extended by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 5(2), as inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 106(c), S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

5.—…

[(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 2 as they apply to fingerprints, palm prints and photographs taken from or of a person detained under section 4 of the Act of 1984:

(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 2.]

F34[Circumstances in which person to be informed of destruction of fingerprint, palm print or photograph.

8D.— If, in relation to a fingerprint, palm print or photograph taken from or of a person under section 6 or 6A, the retention period under section 8 is extended on one or more occasions under section 8A, the Commissioner shall, upon the expiration of that period (as so extended), cause the person from or of whom the fingerprint, palm print or photograph was taken to be informed by notice in writing as soon as may be after the fingerprint, palm print or photograph has been destroyed of its destruction.]

Annotations

Amendments:

F34
Inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 103, S.I. No. 508 of 2015.

Modifications (not altering text):

C45
Application of section extended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 100(6), S.I. No. 508 of 2015.

Power of Garda Síochána to take fingerprints and palm prints of persons arrested for purpose of charge

100.— …

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

(b) references to section 6 or 6A of the Act of 1984 shall be construed as references to this section; and

C46
Application of section extended by Criminal Justice Act 2007 (29/2007), s. 52(2), as 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.

Application of certain provisions of Act of 1984.

52.—…

(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.]

C47
Application of section extended by Criminal Justice Act 2006 (26/2006), s. 12(4), as substituted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 107, S.I. No. 508 of 2015.

Power of Garda Síochána to photograph arrested persons.

12.— …

(b) references to section 6 or 6A of the Act of 1984 shall be construed as references to this section; and

…

C48
Application of section extended by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 5(2), as inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 106(c), S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

5.— …

[(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 2 as they apply to fingerprints, palm prints and photographs taken from or of a person detained under section 4 of the Act of 1984:

(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 2.]

F35[

Application of certain sections to Garda Síochána Ombudsman Commission.

8E.— The references in sections 8A, 8B, 8D and 8H to the Commissioner shall, for the purposes of the application of those sections to the Garda Síochána Ombudsman Commission, be construed as references to the Garda Síochána Ombudsman Commission.]

Annotations

Amendments:

F35
Inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 103, S.I. No. 508 of 2015.

Modifications (not altering text):

C49
Application of section extended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 100(6), S.I. No. 508 of 2015.

Power of Garda Síochána to take fingerprints and palm prints of persons arrested for purpose of charge

100.— …

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

(b) references to section 6 or 6A of the Act of 1984 shall be construed as references to this section; and

C50
Application of section extended by Criminal Justice Act 2007 (29/2007), s. 52(2), as 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.

Application of certain provisions of Act of 1984.

52.—…

(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.]

C51
Application of section extended by Criminal Justice Act 2006 (26/2006), s. 12(4), as substituted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 107, S.I. No. 508 of 2015.

Power of Garda Síochána to photograph arrested persons.

12.— …

(b) references to section 6 or 6A of the Act of 1984 shall be construed as references to this section; and

…

C52
Application of section extended by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 5(2), as inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 106(c), S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

5.—…

[(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 2 as they apply to fingerprints, palm prints and photographs taken from or of a person detained under section 4 of the Act of 1984:

(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 2.]

F36[

Delegation of functions of Commissioner under certain sections.

8F.— (1) The Commissioner may, in writing, delegate any of his or her functions under sections 8A, 8B, 8D and 8H to—

(a) members of the Garda Síochána specified by rank or name, or

(b) members of the civilian staff of the Garda Síochána by grade, position, name or otherwise.

(2) A delegation under this section may—

(a) relate to the performance of a function either generally or in a particular case or class of case or in respect of a particular matter,

(b) be made subject to conditions or restrictions, and

(3) The delegation of a function under this section does not preclude the Commissioner from performing the function.

(4) Where the functions of the Commissioner under a provision of sections 8A, 8B, 8D and 8H are delegated to a person, any references in that provision to the Commissioner shall be construed as references to that person.

(5) An act or thing done by a person pursuant to a delegation under this section has the same force and effect as if done by the Commissioner.]

Annotations

Amendments:

F36
Inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 103, S.I. No. 508 of 2015.

Modifications (not altering text):

C53
Application of section extended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 100(6), S.I. No. 508 of 2015.

Power of Garda Síochána to take fingerprints and palm prints of persons arrested for purpose of charge

100.— …

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

(b) references to section 6 or 6A of the Act of 1984 shall be construed as references to this section; and

C54
Application of section extended by Criminal Justice Act 2007 (29/2007), s. 52(2), as 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.

Application of certain provisions of Act of 1984.

52.—…

(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.]

C55
Application of section extended by Criminal Justice Act 2006 (26/2006), s. 12(4), as substituted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 107, S.I. No. 508 of 2015.

Power of Garda Síochána to photograph arrested persons.

12.— …

(b) references to section 6 or 6A of the Act of 1984 shall be construed as references to this section; and

…

C56
Application of section extended by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 5(2), as inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 106(c), S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

5.—…

[(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 2 as they apply to fingerprints, palm prints and photographs taken from or of a person detained under section 4 of the Act of 1984:

(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 2.]

F37[

Service of notices.

8G.— A notice that is required to be sent or given to a person under section 8A or 8D may be sent or given to the person in one of the following ways:

(a) by delivering it to the person or his or her solicitor;

(b) by addressing it to the person and leaving it at the address at which he or she ordinarily resides or, in a case in which an address for service has been furnished, at that address or by addressing it to his or her solicitor and leaving it at the solicitor’s office;

(c) by sending it to the person by post in a prepaid registered letter to the address at which he or she ordinarily resides or, in a case in which an address for service has been furnished, to that address or to his or her solicitor at the solicitor’s office.]

Annotations

Amendments:

F37
Inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 103, S.I. No. 508 of 2015.

Modifications (not altering text):

C57
Application of section extended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 100(6), S.I. No. 508 of 2015.

Power of Garda Síochána to take fingerprints and palm prints of persons arrested for purpose of charge

100.— …

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

(b) references to section 6 or 6A of the Act of 1984 shall be construed as references to this section; and

C58
Application of section extended by Criminal Justice Act 2007 (29/2007), s. 52(2), as 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.

Application of certain provisions of Act of 1984.

52.—…

(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.]

C59
Application of section extended by Criminal Justice Act 2006 (26/2006), s. 12(4), as substituted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 107, S.I. No. 508 of 2015.

Power of Garda Síochána to photograph arrested persons.

12.— …

(b) references to section 6 or 6A of the Act of 1984 shall be construed as references to this section; and

…

C60
Application of section extended by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 5(2), as inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 106(c), S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

5.—…

[(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 2 as they apply to fingerprints, palm prints and photographs taken from or of a person detained under section 4 of the Act of 1984:

(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 2.]

F38[

Records.

8H.— (1) Subject to subsection (2), a person who is required under sections 8 to 8B to destroy, or cause to be destroyed, a fingerprint, palm print or photograph shall ensure that the fingerprint, palm print or photograph, every copy thereof and every record relating to the fingerprint, palm print or photograph insofar as it identifies the person from or of whom the fingerprint, palm print or photograph has been taken, are destroyed.

(2) Subsection (1) shall operate in a manner that permits the Commissioner to retain such records as may be required by him or her to show that section 8D has been complied with.

(3) In this section “record”, in relation to a fingerprint, palm print or photograph, includes a copy of a record.]

Annotations

Amendments:

F38
Inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 103, S.I. No. 508 of 2015.

Modifications (not altering text):

C61
Application of section extended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 100(6), S.I. No. 508 of 2015.

Power of Garda Síochána to take fingerprints and palm prints of persons arrested for purpose of charge

100.— …

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

(b) references to section 6 or 6A of the Act of 1984 shall be construed as references to this section; and

C62
Application of section extended by Criminal Justice (Mutual Assistance) Act 2008 (7/2008), s. 79(9D), as inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 132(f), S.I. No. 508 of 2015.

Action on request

79.— …

[(9D) The provisions of section 8H of the Criminal Justice Act 1984 insofar as they apply to the destruction of fingerprints, palm prints or photographs of persons shall apply, with any necessary modifications, in relation to the destruction of fingerprints, palm prints or photographs of persons under subsection (9B).]

…

C63
Application of section extended by International Criminal Court Act 2006 (30/2006), s. 50(11C), as inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 139(g), S.I. No. 508 of 2015.

Identification evidence

50.—…

(11C) The provisions of section 8H of the Criminal Justice Act 1984 insofar as they apply to the destruction of fingerprints, palm prints or photographs of persons shall apply, with any necessary modifications, in relation to the destruction of fingerprints, palm prints, iris identifications or photographs of persons under subsection (11A).

…

C64
Application of section extended by Criminal Justice Act 2007 (29/2007), s. 52(2), as 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.

Application of certain provisions of Act of 1984.

52.—…

(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.]

C65
Application of section extended by Criminal Justice Act 2006 (26/2006), s. 12(4), as substituted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 107, S.I. No. 508 of 2015.

Power of Garda Síochána to photograph arrested persons.

12.— …

(b) references to section 6 or 6A of the Act of 1984 shall be construed as references to this section; and

…

C66
Application of section extended by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 5(2), as inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 106(c), S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

5.—…

[(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 2 as they apply to fingerprints, palm prints and photographs taken from or of a person detained under section 4 of the Act of 1984:

(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 2.]

F39[

Application of sections 8 to 8H.

8I.— Sections 8 to 8H shall apply to a fingerprint, palm print or photograph of a person taken in pursuance of the powers conferred by section 6 or 6A whether taken before or after the commencement of this section.]

Annotations

Amendments:

F39
Inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 103, S.I. No. 508 of 2015.

Modifications (not altering text):

C67
Application of section extended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 100(6), S.I. No. 508 of 2015.

Power of Garda Síochána to take fingerprints and palm prints of persons arrested for purpose of charge

100.— …

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

(b) references to section 6 or 6A of the Act of 1984 shall be construed as references to this section; and

C68
Application of section extended by Criminal Justice Act 2007 (29/2007), s. 52(2), as 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.

Application of certain provisions of Act of 1984.

52.—…

(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:

(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.

C69
Application of section extended by Criminal Justice Act 2006 (26/2006), s. 12(4), as substituted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 107, S.I. No. 508 of 2015.

Power of Garda Síochána to photograph arrested persons.

12.— …

(4) Sections 8 to 8I of the Act of 1984 shall, with the following and any other necessary modifications, apply to photographs taken of a person pursuant to this section as they apply to photographs taken of a person pursuant to section 6 or 6A of the Act of 1984:

(b) references to section 6 or 6A of the Act of 1984 shall be construed as references to this section; and

…

C70
Application of section extended by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 5(2), as inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 106(c), S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

5.—…

(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 2 as they apply to fingerprints, palm prints and photographs taken from or of a person detained under section 4 of the Act of 1984:

(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 2.

Application to persons in custody under section 30 of Offences against the State Act, 1939.

9.—F40[(1)] F40[Sections 5, 6A, 18, 19 and 19A, subsections (8), (8A) and (8B) of section 4 and subsections (1A), (2) and (3) of section 6] shall apply, with the necessary modifications, in relation to persons in custody under section 30 of the Act of 1939 and to the powers conferred by section 7 of the Criminal Law Act, 1976, as they apply to persons detained pursuant to section 4 of this Act.

F40[(2) Sections 8 to 8I shall, with the following and any other necessary modifications, apply to fingerprints, palm prints and photographs, as may be appropriate, taken from or of a person pursuant to section 30 of the Act of 1939 or section 7 of the Criminal Law Act 1976 as they apply to fingerprints, palm prints and photographs taken from or of a person pursuant to section 6 or 6A:

(a) references to an offence to which section 4 applies shall be construed as references to an offence to which section 4 applies or an offence in connection with which a person may be arrested and detained under section 30 of the Act of 1939;

(b) references to section 6 or 6A shall be construed as references to section 30 of the Act of 1939 and section 7 of the Criminal Law Act 1976; and

(c) references to the detention of the person under section 4 shall be construed as references to the detention of the person under section 30 of the Act of 1939.]

Annotations

Amendments:

F40
Inserted and substituted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 104(a)-(c), S.I. No. 508 of 2015.

F41
Substituted by Criminal Justice Act 2017 (14/2017), s. 2, not commenced as of date of revision.

Modifications (not altering text):

C71
Prospective affecting provision: subs. (1) amended by Criminal Justice Act 2017 (14/2017), s. 2, not commenced as of date of revision.

9.—F40[(1)] F40[F41[Sections 5, 5A, 6A], 18, 19 and 19A, subsections (8), (8A) and (8B) of section 4 and subsections (1A), (2) and (3) of section 6] shall apply, with the necessary modifications, in relation to persons in custody under section 30 of the Act of 1939 and to the powers conferred by section 7 of the Criminal Law Act, 1976, as they apply to persons detained pursuant to section 4 of this Act.

…

Editorial Notes:

E27
Previous affecting provision: section amended by Criminal Justice Act 2011 (22/2011), s. 9(c), not commenced; superseded as per F-note above.

E28
Previous affecting provision: section amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 24(2), commenced on enactment; superseded as per F-note above.

E29
Previous affecting provision: section amended (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 55, S.I. No. 236 of 2007; superseded as per F-note above.

Rearrest.

10.—F42[(1) Where a person arrested on suspicion of having committed an offence is detained pursuant to section 4 and is released without any charge having been made against him, he 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 was arrested suspected, or ought reasonably to have suspected him of having committed,

except on the authority of a warrant issued by a judge of 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 suspected participation in the offence for which his arrest is sought, or

(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 arrest is sought, the questioning of the person in relation to that offence, prior to his release, would not have been in the interests of the proper investigation of the offence.

A person arrested under that authority shall be dealt with pursuant to section 4.

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

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

(3) Where a person who has been arrested under section 30 of the Act of 1939 in connection with an offence is released without any charge having been made against him, he shall not be detained pursuant to section 4—

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

(b) in connection with any other offence of which, at the time of his arrest for the first-mentioned offence, the member of the Garda Síochána by whom he was arrested suspected him or ought reasonably to have suspected him.

Annotations

Amendments:

F42
Substituted and inserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 24(3), commenced on enactment.

Modifications (not altering text):

C72
Reference to “a member of the Garda Síochána not below the rank of superintendent” construed (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 166, S.I. No. 508 of 2015.

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. 22 of 1984

Criminal Justice Act 1984

Section 10(1).

…

C73
Application of section restricted (1.09.2010) by Criminal Procedure Act 2010 (27/2010), ss. 16(6) and 17(5), S.I. No. 414 of 2010.

Arrest of person in respect of whom section 15 applies may be authorised by District Court in certain circumstances.

…

(6) Subsections (5) and (5A) of section 4 and section 10 of the Act of 1984 shall not apply to a person arrested and detained under this section.

…

Arrest in certain circumstances of person in respect of whom section 15 applies where person is in prison etc.

…

(5) Subsections (4), (5) and (5A) of section 4 and section 10 of the Act of 1984 shall not apply to a person arrested and detained under this section.

…

C74
Application of section restricted (1.10.1999) by Criminal Justice Act 1999 (10/1999), s. 42, S.I. No. 302 of 1999, as amended (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 11, S.I. No. 390 of 2006.

Arrest and detention of prisoners in connection with investigation of other offences.

42.—…

(2) A member of an Garda Síochána may arrest a prisoner on the authority of a judge of 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 the following conditions are fulfilled:

(a) there are reasonable grounds for suspecting that the prisoner has committed an offence or offences other than the offence or offences in connection with which he or she is imprisoned;

(b) the arrest of the prisoner is necessary for the proper investigation of the offence or offences that he or she is suspected of having committed; and

(3) A person arrested under this section—

(a) shall be taken forthwith to a Garda Station and may, subject to subsection (5), be detained there for such period as is authorised under section 4 of the Act of 1984, and

(b) shall, subject to this section, be dealt with as though he or she had been detained under that section.

(4) Section 4(4), (5), (5A) and 10 of the Act of 1984 shall not apply to a person arrested and detained under this section.

…

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

F49[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.]

Annotations

Amendments:

F49
Substituted (1.07.2007) by Criminal Justice Act 2007 (29/2007), s. 28(1), S.I. 236 of 2007, subject to transitional provisions in subss. (2) and (3).

F50
Substituted by Criminal Justice Act 2011 (22/2011), s. 9(c), not commenced as of date of revision.

Modifications (not altering text):

C75
Prospective affecting provision: subs. (3)(b) substituted by Criminal Justice Act 2011 (22/2011), s. 9(c), not commenced as of date of revision.

F50[(b) the accused was informed before such failure or refusal occurred that he or she had the right to consult a solicitor and, other than where he or she waived that right, the accused was afforded an opportunity to so consult before such failure or refusal occurred.]

C76
Application of section extended (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 52, S.I. No. 236 of 2007, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 23(4), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 108, S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

…

C77
Application of section extended (9.09.1996) by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 5, S.I. No. 257 of 1996, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 22(3), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 106, S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

…

Editorial Notes:

E31
Previous affecting provision: subss. (1) and (2) amended (1.10.2001) by Criminal Justice Act 1999 (10/1999), s. 16(1) and (2), S.I. No. 193 of 2001; substituted as per F-note above.

Inferences from accused’s presence at a particular place.

F51[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.]

Annotations

Amendments:

F51
Substituted (1.07.2007) by Criminal Justice Act 2007 (29/2007), s. 29(1), S.I. No. 236 of 2007; subject to transitional provisions in s. 29(2) and (3).

F52
Substituted by Criminal Justice Act 2011 (22/2011), s. 9(d), not commenced as of date of revision.

Modifications (not altering text):

C78
Prospective amending provision: subs. (3)(b) substituted by Criminal Justice Act 2011 (22/2011), s. 9(d), not commenced as of date of revision.

F52[(b) the accused was informed before such failure or refusal occurred that he or she had the right to consult a solicitor and, other than where he or she waived that right, the accused was afforded an opportunity to so consult before such failure or refusal occurred.]

C79
Application of section extended (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 52, S.I. No. 236 of 2007, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 23(4), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 108, S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

…

C80
Application of section extended (9.09.1996) by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 5, S.I. No. 257 of 1996, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 22(3), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 106, S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

…

Editorial Notes:

E32
Previous affecting provision: subss. (1) and (2) amended (1.10.2001) by Criminal Justice Act 1999 (10/1999), s. 16(1) and (2), S.I. No. 193 of 2001; substituted as per F-note above.

F53

[

Inferences from failure of accused to mention particular facts.

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.]

Annotations

Amendments:

F53
Inserted (1.07.2007) by Criminal Justice Act 2007 (29/2007), s. 30, S.I. No. 236 of 2007.

F54
Substituted by Criminal Justice Act 2011 (22/2011), s. 9(e), not commenced as of date of revision.

Modifications (not altering text):

C81
Prospective amending provision: subs. (3)(b) substituted by Criminal Justice Act 2011 (22/2011), s. 9(e), not commenced as of date of revision.

F54[(b) the accused was informed before such failure occurred that he or she had the right to consult a solicitor and, other than where he or she waived that right, the accused was afforded an opportunity to so consult before such failure occurred.]

C82
Application of section extended (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 52, S.I. No. 236 of 2007, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 23(4), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 108, S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

…

C83
Application of section extended (9.09.1996) by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 5, S.I. No. 257 of 1996, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 22(3), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 106, S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

…

Trial Procedure

Notice of alibi in trials on indictment.

20.—(1) On a trial on indictment for an offence committed after the commencement of this section the accused shall not without the leave of the court adduce evidence in support of an alibi unless, before the end of the prescribed period, he gives notice of particulars of the alibi.

(2) Without prejudice to subsection (1), on any such trial the accused shall not without the leave of the court call any other person (in this section referred to as the witness) to give such evidence unless—

(a) the notice under that subsection includes the name and address of the witness or, if the name or address is not known to the accused at the time he gives the notice, any information in his possession which might be of material assistance in finding the witness,

(b) if the name or the address is not included in that notice, the court is satisfied that the accused, before giving the notice, took and thereafter continued to take all reasonable steps to secure that the name or address would be ascertained,

(c) if the name or the address is not included in that notice, but the accused subsequently discovers the name or address or receives other information which might be of material assistance in finding the witness, he gives notice forthwith of the name, address or other information, as the case may be, and

(d) if the accused is notified by or on behalf of the prosecution that the witness has not been traced by the name or at the address given, he gives notice forthwith of any such information which is then in his possession or, on subsequently receiving any such information, gives notice of it forthwith.

(3) The court shall not refuse leave under this section if it appears to the court that the accused was not informed of the requirements of this section—

(a) by the District Court when he was sent forward for trial, or

(b) by the trial court when, on being sent forward by the District Court for sentence, he changed his plea to one of not guilty, or

(c) where he was brought before a Special Criminal Court for trial under section 47 of the Act of 1939, by the Court when it fixed the date of trial.

(4) Any evidence tendered to disprove an alibi may, subject to any directions by the court as to the time it is to be given, be given before or after evidence is given in support of the alibi.

(5) Any notice purporting to be given under this section on behalf of the accused by his solicitor shall, unless the contrary is proved, be deemed to be given with the authority of the accused.

F55[(6) A notice under subsection (1) or under paragraph (c) or (d) of subsection (2) shall be given in writing to the solicitor for the prosecution.]

(7) A notice required by this section to be given to the solicitor for the prosecution may be given by delivering it to him or by leaving it at his office or by sending it to him by registered post at his office.

(8) In this section—

“evidence in support of an alibi” means evidence tending to show that by reason of the presence of the accused at a particular place or in a particular area at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission;

“the prescribed period” means—

F55[(a) the period of fourteen days after the date the accused is, in accordance with section 4B(1) of the Criminal Procedure Act, 1967, served with the documents referred to in that section, or]

(b) F56[…]

F55[(c) where the accused, on being sent forward for sentence, changes his plea to not guilty, the period of fourteen days after the accused is, in accordance with section 13(4)(b) of the Criminal Procedure Act, 1967, served with the documents referred to in section 4B(1) of that Act, or]

(d) where the accused is brought before a Special Criminal Court for trial under section 47 of the Act of 1939, such period as is fixed by the Court when the Court fixes the date of trial.

Annotations

Amendments:

F55
Substituted (1.10.2001) by Criminal Justice Act 1999 (10/1999), s. 16(3), S.I. No. 193 of 2001.

F56
Deleted (1.10.2001) by Criminal Justice Act 1999 (10/1999), s. 16(3)(c), S.I. No. 193 of 2001.

Proof by written statement.

21.—(1) In any proceedings against a person for an offence F57[, other than the hearing of an application under Part IA of the Criminal Procedure Act, 1967, for the dismissal of a charge,] a written statement by any person shall, if such of the conditions mentioned in subsection (2) as are applicable are satisfied, be admissible as evidence to the like extent as oral evidence to the like effect by that person.

(2) The said conditions are:

(a) the statement purports to be signed by the person who made it;

(b) the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it were tendered in evidence, he would be liable to prosecution if he stated in it anything which he knew to be false or did not believe to be true;

(c) a copy of the statement is served, by or on behalf of the party proposing to tender it in evidence, on each of the other parties to the proceedings; and

(d) none of the other parties or their solicitors, within twenty-one days from the service of the copy of the statement, serves on the party so proposing a notice objecting to the statement being tendered in evidence under this section.

(3) The conditions mentioned in paragraphs (c) and (d) of subsection (2) shall not apply if the parties agree at the hearing or the parties or their solicitors agree before the hearing that the statement shall be so tendered.

F58[(3A) Where a party (“the first-mentioned party”) serves a notice pursuant to paragraph (d) of subsection (2) objecting to a statement being tendered in evidence under this section, the court may, at the hearing of the matter, on the application of the party who served, pursuant to paragraph (c) of that subsection, the copy of the statement to which the notice relates—

(a) require the first-mentioned party to provide an explanation to the court of the reasons for serving that notice, and

(b) where the court is satisfied, having taken into account the explanation provided in accordance with paragraph (a), that it is not contrary to the interests of justice to do so, direct that the statement be so tendered.]

(4) The following provisions shall also have effect in relation to any written statement tendered in evidence under this section:

(a) if the statement is made by a person under the age of twenty-one years, it shall give his age;

(b) if it is made by a person who cannot read it, it shall be read to him before he signs it and shall be accompanied by a declaration by the person who so read the statement to the effect that it was so read; and

(c) if it refers to any other document as an exhibit, the copy served on any other party to the proceedings under subsection (2) (c) shall be accompanied by a copy of that document or by such information as may be necessary in order to enable the party on whom it is served to inspect that document or a copy thereof.

(5) Notwithstanding that a written statement made by any person may be admissible as evidence by virtue of this section—

(a) the party by whom or on whose behalf a copy of the statement was served may call that person to give evidence, and

(b) the court may, of its own motion or on the application of any party to the proceedings, require that person to attend before the court and F59[give evidence, including for the purposes of cross-examination].

(6) An application under subsection (5) (b) may be made before the hearing in a case in which the proceedings are in the Central Criminal Court, the Circuit Court or the Special Criminal Court and, for this purpose, the powers of the Central Criminal Court shall be exercisable by any judge of the High Court and the powers of the Circuit Court shall be exercisable by any judge of that court.

(7) So much of any statement as is admitted as evidence by virtue of this section shall, unless the court otherwise directs, be read aloud at the hearing.

(8) Any document or object referred to as an exhibit and identified in a written statement tendered in evidence under this section shall be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.

(9) A document required by this section to be served on any person may, subject to subsection (10), be served—

(a) by delivering it to him or to his solicitor,

(b) by addressing it to him and leaving it at his usual or last known residence or place of business or by addressing it to his solicitor and leaving it at the solicitor’s office,

(c) by sending it by registered post to him at his usual or last known residence or place of business or to his solicitor at the solicitor’s office, or

(d) in the case of a body corporate, by delivering it to the secretary or clerk of the body at its registered or principal office or sending it by registered post to the secretary or clerk of that body at that office.

(10) A document required by this section to be served on an accused shall, if the accused is not represented by a solicitor, be served personally on the accused.

(11) Where—

(a) a statement is tendered in evidence by virtue of this section, and

(b) the person by whom the statement was made has stated in it anything which he knew to be false or did not believe to be true,

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding twelve months or to both, or on conviction on indictment to a fine not exceeding £2,000 or to imprisonment for a term not exceeding five years or to both.

(12) This section shall also apply to a written statement made outside the State with the omission from subsection (2) (b) of the words from “and that he made the statement” to the end of the paragraph, and the omission of subsection (11).

Annotations

Amendments:

F57
Substituted (1.10.2001) by Criminal Justice Act 1999 (10/1999), s. 16(4), S.I. No. 193 of 2001.

F58
Inserted (28.02.2022) by Criminal Procedure Act 2021 (7/2021), s. 16(a), S.I. No. 79 of 2022.

F59
Substituted (28.02.2022) by Criminal Procedure Act 2021 (7/2021), s. 16(b), S.I. No. 79 of 2022.

Editorial Notes:

E33
A fine of £1,000 converted (1.01.1999) to €1,269.74. This translates into a class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 3, S.I. No. 662 of 2010. A fine of £2,000 converted (1.01.1999) to €2,539.48. This translates into a class A fine, not exceeding €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(2) and table ref. no. 3, S.I. No. 662 of 2010.

Proof by formal admission.

22.—(1) Subject to the provisions of this section, any fact of which oral evidence may be given in any criminal proceedings may be admitted for the purpose of those proceedings by or on behalf of the prosecution or the accused, and the admission by any party of any such fact under this section shall be against that party be conclusive evidence in those proceedings of the fact admitted.

(2) An admission under this section—

(a) may be made before or at the hearing,

(b) if made otherwise than in court, shall be in writing,

(c) if made in writing by an individual, shall be signed by the person making it and, if so made by a body corporate, shall be signed by a director or manager, or the secretary or clerk or some other similar officer of the body corporate,

(d) if made on behalf of an accused who is an individual, shall be made by his counsel or solicitor,

(e) if made at any stage before the hearing by an accused who is an individual, must be approved by his counsel or solicitor either at the time it was made or subsequently,

and any signature referred to in paragraph (c) shall be taken to be that of the person whose signature it appears to be unless the contrary is shown.

(3) An admission under this section for the purpose of proceedings relating to any matter shall be treated as an admission for the purpose of any subsequent criminal proceedings relating to that matter (including any appeal or retrial).

(4) An admission under this section may with the leave of the court be withdrawn in the proceedings for the purpose of which it is made or any subsequent criminal proceedings relating to the same matter.

Abolition of right of accused to make unsworn statement.

23.—(1) In any proceedings against a person for an offence the accused shall not be entitled to make a statement without being sworn and, accordingly, if he gives evidence, he shall do so on oath and be liable to cross-examination, but this shall not—

(a) affect the right of the accused, if not represented by counsel or a solicitor, to address the court or jury otherwise than on oath on any matter on which, if he were so represented, his counsel or solicitor could address the court or jury on his behalf,

(b) affect any trial, or the preliminary examination of any indictable offence, commenced before the commencement of this section.

(2) Nothing in subsection (1) shall prevent the accused from making a statement without being sworn—

(a) if it is one which he is required by law to make personally, or

(b) if he makes it by way of mitigation before the court passes sentence upon him.

(3) The following provisions are hereby repealed:

(a) paragraph (h) of the proviso to section 1 of the Criminal Justice (Evidence) Act, 1924, and

(b) section 7 (4) of the Criminal Procedure Act, 1967, and, in section 8 (2) of that Act, the words from “proceed in accordance with” to “paragraph (a),”.

Order of closing speeches.

24.—(1) Notwithstanding any rule of law or practice, and notwithstanding anything contained in section 2 of the Criminal Procedure Act, 1865, the procedure at a trial on indictment as to the closing speeches for the prosecution and for the defence shall be as follows:

(a) the prosecution shall have the right to a closing speech in all cases except where the accused is not represented by counsel or a solicitor and does not call any witness (other than a witness to character only), and the defence shall have the right to a closing speech in all cases, and

(b) the closing speech for the defence shall be made after that for the prosecution.

(2) Section 3 of the Criminal Justice (Evidence) Act, 1924, is hereby repealed.

Majority verdicts.

25.—(1) The verdict of a jury in criminal proceedings need not be unanimous in a case where there are not fewer than eleven jurors if ten of them agree on the verdict.

(2) The court shall not accept a verdict of guilty unless the foreman of the jury has stated in open court whether the verdict is unanimous or is by a majority in accordance with subsection (1) and, in the latter event, the number of jurors who agreed to the verdict.

(3) The court shall not accept a verdict by virtue of subsection (1) unless it appears to the court that the jury have had such period of time for deliberation as the court thinks reasonable having regard to the nature and complexity of the case; and the court shall not in any event accept such a verdict unless it appears to the court that the jury have had at least two hours for deliberation.

(4) The court shall cause the verdict of the jury to be taken in such a way that, where the verdict is one of not guilty, it shall not be indicated whether the verdict was unanimous or by a majority.

(5) This section shall not affect the trial of any offence for which the court is required, upon the conviction of the accused, to sentence him to death or any trial commenced before the commencement of this section.

Miscellaneous

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.”.

Electronic recording of questioning.

27. —(1) The Minister for Justice may by regulations provide for the recording by electronic or other similar means of the questioning of persons by members of the Garda Síochána at Garda Síochána stations or elsewhere in connection with the investigation of offences.

(2) The regulations may be made so as to apply generally or to questioning at such places, to such extent, in relation to such offences or in such circumstances, as may be prescribed therein.

(3) The regulations shall include provision for the preservation, for such time and in such manner as may be prescribed therein, of every recording made in accordance with the regulations.

(4) Any failure to comply with a provision of the regulations shall not by itself render a person liable to civil or criminal proceedings, and (without prejudice to the power of the court to exclude evidence at its discretion) shall not by itself render inadmissible in evidence anything said during such questioning.

Annotations

Editorial Notes:

E34
Power pursuant to section exercised (25.11.2010) by Criminal Justice Act 1984 (Electronic Recording of Interviews) (Amendment) Regulations 2010 (S.I. No. 560 of 2010).

E35
Power pursuant to section exercised (29.04.2009) by Criminal Justice Act 1984 (Electronic Recording of Interviews) (Amendment) Regulations 2009 (S.I. No. 168 of 2009).

E36
Power pursuant to section exercised (1.03.1997) by Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 (S.I. No. 74 of 1997), in effect as per reg. 1(2).

F60[

Taking of fingerprints, palmprints or photographs of person dealt with under Probation of Offenders Act, 1907, or convicted.

28.—(1) Where a person, on being prosecuted for an indictable offence, is the subject of an order under subsection (1) or (2) of section 1 of the Probation of Offenders Act, 1907, or is convicted and otherwise dealt with, a member of the Garda Síochána may—

(a) at any convenient place, take the fingerprints, palmprints or photograph of that person, within 7 days of the making of such order or his being convicted, or

(b) require, in writing, that person to attend, within 7 days of the making of such order or his being convicted, at a named Garda Síochána station for the purpose of having his fingerprints, palmprints or photograph taken:

Provided that where a person has made it impracticable for his fingerprints, palmprints or photograph to be taken within the said period of 7 days, a member of the Garda Síochána may require (or in the case of a person attending a Garda Síochána station pursuant to a requirement under this section, further require) in writing, that person to attend at a named Garda Síochána station on a specified day for the purpose of having his fingerprints, palmprints or photograph taken.

A member of the Garda Síochána may take the fingerprints, palmprints or photograph of a person on his attendance at a Garda Síochána station pursuant to a requirement under this section.

F61[(3) Sections 8 to 8I shall, with the following and any other necessary modifications, apply to fingerprints, palm prints or photographs taken from or of a person pursuant to this section as they apply to fingerprints, palm prints or photographs taken from or of a person pursuant to section 6 or 6A:

(a) references to an offence to which section 4 applies shall be construed as references to an indictable offence;

(b) references to section 6 or 6A shall be construed as references to this section; and

(c) references to the detention of the person under section 4 shall be construed as references to the person being at a place, or attending at a Garda Síochána station, for the purpose of having his or her fingerprints, palm prints or photograph taken by a member of the Garda Síochána.]

(4) Any person who refuses to comply with a requirement under this section or to allow his fingerprints, palmprints or photograph to be taken pursuant to this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F62[€3,000] or to imprisonment for a term not exceeding 12 months or to both.]

Annotations

Amendments:

F60
Substituted (4.04.1997) by Criminal Justice Miscellaneous Provisions Act 1997 (4/1997), s. 12, commenced as per s. 21.

F61
Substituted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 105, S.I. No. 508 of 2015.

F62
Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 13(c), S.I. No. 390 of 2006. A fine of €3,000 translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 5(3), table ref. no. 1, S.I. No. 662 of 2010.

Application of Act to courts-martial.

29.—The provisions of this Act relating to criminal proceedings shall not apply in relation to a trial by court-martial except so far as any such provision is so applied by regulations made by the Minister for Defence, with such modifications, if any, as may be prescribed by the regulations.

Laying of regulations before Houses of Oireachtas.

30.—Every regulation made under this Act (other than a regulation under section 7) shall be laid before each House of the Oireachtas as soon as may be after such regulation is made and, if a resolution annulling such regulation is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat after such regulation has been laid before it, such regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under such regulation.

Expenses.

31.—The expenses incurred by the Minister for Justice in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Short title.

32.—This Act may be cited as the Criminal Justice Act, 1984.

S.I. No. 119/1987 –

Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987.

CONTENTS.

Preliminary and General

1. Title and commencement.

2. Interpretation.

3. General.

4. Member in charge.

5. Duties of member in charge.

6. Custody record.

Arrested persons

7. Record of arrest and detention.

8. Information to be given to an arrested person.

9. Notification to solicitor or other persons.

10. Enquiries.

11. Visits and communications.

12. Interviews (general).

13. Interviews (persons under seventeen years).

14. Foreign nationals.

15. Charge sheets.

Persons other than arrested persons

16. Provisions relating to persons other than arrested persons.

Provisions applicable generally

17. Searches.

18. Fingerprints, etc.

19. Conditions of custody.

20. Persons in custody not to be ill-treated.

21. Medical treatment.

22. Mentally handicapped persons.

23. Other matters to be recorded.

24. Preservation of custody records.

S.I. No. 119 of 1987.

CRIMINAL JUSTICE ACT, 1984 (TREATMENT OF PERSONS IN CUSTODY IN GARDA SÍOCHÁNA STATIONS) REGULATIONS. 1987.

Preliminary and General

I, GERARD COLLINS, Minister for Justice, in exercise of the powers conferred on me by section 7 of the Criminal Justice Act, 1984 (No. 22 of 1984), hereby make the following Regulations with respect to which, pursuant to that section, a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House:

1 Title and commencement.

1. (1) These Regulations may be cited as the Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987.

(2) These Regulations shall come into operation one month after the date on which they are made.

2 Interpretation.

2. (1) In these Regulations:—

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

“adult” means a person not below the age of eighteen years and

“adult relative” shall be construed accordingly;

“arrested person” means a person who is taken on arrest to, or arrested in, a station;

“custody” means custody in a Garda Síochána station;

“custody record” means a record kept under Regulation 6;

“district” means a Garda Síochána district;

“doctor” means a registered medical practitioner;

“member” means a member of the Garda Síochána;

“member in charge” has the meaning assigned to it by Regulation 4(1);

“station” means a Garda Síochána station;

“superintendent” means a superintendent of the Garda Síochána and, in relation to a district, means a superintendent who is in charge of the district and includes an inspector of the Garda Síochána who is in charge of the district in the superintendent’s absence.

(2) In these Regulations a reference to a person signing a document shall include, in the case of a person unable to write, a reference to the person making his mark.

(3) In Regulations 12(8) and 18(1) “appropriate adult”, in relation to a person in custody, means—

(a) in case the person is married and his spouse is an adult and is readily available, his spouse, and

(b) in any other case, his parent or guardian or, where a parent or guardian is not readily available, an adult relative or some other responsible adult, as may be appropriate, in attendance at the station pursuant to subparagraph (b) or (c) of Regulation 13(2).

(4) If and for so long as the member in charge of a station in which a person is in custody has reasonable grounds for believing that the person is not below the age of seventeen years, the provisions of these Regulations shall apply as if he had attained that age.

(5) In these Regulations a reference to a Regulation is a reference to a regulation of these Regulations and a reference to a paragraph or subparagraph is a reference to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other Regulation or provision, as may be appropriate, is intended.

3 General.

3. (1) In carrying out their functions under these Regulations members shall act with due respect for the personal rights of persons in custody and their dignity as human persons, and shall have regard for the special needs of any of them who may be under a physical or mental disability, while complying with the obligation to prevent escapes from custody and continuing to act with diligence and determination in the investigation of crime and the protection and vindication of the personal rights of other persons.

(2) There shall be no unnecessary delay in dealing with persons in custody.

4 Member in charge.

4. (1) In these Regulations “member in charge” means the member who is in charge of a station at a time when the member in charge of a station is required to do anything or cause anything to be done pursuant to these Regulations.

(2) The superintendent in charge of a district shall issue instructions in writing from time to time, either generally or by reference to particular members or members of particular ranks or to particular circumstances, as to who is to be the member in charge of each station in the district.

(3) As far as practicable, the member in charge shall not be a member who was involved in the arrest of a person for the offence in respect of which he is in custody in the station or in the investigation of that offence.

(4) The superintendent in charge of a district shall ensure that a written record is maintained in each station in his district containing the name and rank of the member in charge at any given time.

5 Duties of member in charge.

5. (1) The member in charge shall be responsible for overseeing the application of these Regulations in relation to persons in custody in the station and for that purpose shall visit them from time to time and make any necessary enquiries.

(2) Paragraph (1) is without prejudice to the responsibilities and duties of any other member in relation to persons in custody.

(3) Where it appears to the member in charge that a direction given or action taken by a member of higher rank is inconsistent with the proper application of these Regulations, he shall inform that member accordingly and, unless the matter is resolved, report it without delay to another member of or above the rank of superintendent.

(4) (a) Where, by reason of the number of persons in custody or other circumstances, the member in charge is unable to carry out adequately the duty imposed on him by paragraph (1) in relation to visiting persons in custody and making any necessary enquiries, he may authorise in writing another member to carry out that duty.

(b) The authorisation shall specify the reasons for giving it and shall terminate when these reasons no longer apply.

(c) In the case of the Bridewell Station, Dublin, the member with particular responsibility for the cell area shall be deemed to have been authorised under subparagraph (a) by the member in charge and subparagraph (b) shall not apply.

6 Custody record.

6. (1) A record (in these Regulations referred to as the custody record) shall be kept in respect of each person in custody.

(2) The member in charge shall record or cause to be recorded in the custody record as soon as practicable such information as is required to be recorded by these Regulations. Each entry in the record shall be signed or initialled by the member making it.

(3) Where a person in custody is transferred to another station, the member in charge of the station from which he is transferred shall send with him the custody record relating to him, or a copy of it, to the member in charge of that other station.

(4) Without prejudice to the responsibility of any other member for the accuracy and completeness of any entry which he has made in a custody record, the member in charge shall be responsible for the accuracy and completeness of all entries made in the custody record while he is the member in charge.

(5) Paragraph (2) does not apply to a record referred to in Regulation 10(5) or paragraph ( 10) or (11) of Regulation 12.

Arrested persons

7 Record of arrest and detention

7. (1) in relation to an arrested person, a record shall be made of—

(a) the date, time and place of arrest and the identity of the arresting member (or other person effecting the arrest),

(b) the time of arrival at the station,

(d) any relevant particulars relating to his physical or mental condition.

(2) In the case of a person who is being detained in a station pursuant to section 4 of the Act the member in charge at the time of the person’s arrival at the station shall, when authorising the detention, enter in the custody record and sign the following statement:

“I have reasonable grounds for believing that the detention of (insert here the name of the person detained) is necessary for the proper investigation of the offence(s) in respect of which he/she has been arrested.”

(3) (a) Where a direction has been given by an officer of the Garda Síochána under section 4(3)(b) of the Act that a person be detained for a further period not exceeding six hours, the fact that the direction was given, the date and time when it was given and the name and rank of the officer who gave it shall be recorded.

(b) The direction or (if it was given orally) the written record of it shall be signed by the officer giving it and—

(i) shall state the date and time when it was given and the officer’s name and rank and that the officer 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.

(4) Where a direction has been given under section 30 of the Offences against the State Act, 1939 (No. 13 of 1939), that a person be detained for a further period not exceeding twenty-four hours, the fact that the direction was given, the date and time when it was given and the name and rank of the officer who gave it shall be recorded.

8 Information to be given to an arrested person.

8. (1) The member in charge shall without delay inform an arrested person or cause him to be informed—

(a) in ordinary language of the offence or other matter in respect of which he has been arrested,

(b) that he is entitled to consult a solicitor, and

(c) (i) in the case of a person not below the age of seventeen years, that he is entitled to have notification of his being in custody in the station concerned sent to another person reasonably named by him, or

(ii) in the case of a person under the age of seventeen years, that a parent or guardian (or, if he is married, his spouse) is being given the information required by Regulation 9(1)(a)(i) and is being requested to attend at the station without delay.

The information shall be given orally. The member in charge shall also explain or cause to be explained to the arrested person that, if he does not wish to exercise a right specified in subparagraph (b) or (c)(i) immediately, he will not be precluded thereby from doing so later.

(2) The member in charge shall without delay give the arrested person or cause him to be given a notice containing the information specified in subparagraphs (b) and (c) of paragraph (1) and such other information as the Commissioner of the Garda Síochána, with the approval of the Minister for Justice, may from time to time direct.

(3) Paragraphs (1) and (2) apply only in relation to the member in charge of the station to which an arrested person is taken on arrest or in which he is arrested.

(4) The time of the giving of the information specified in paragraph (1) and the notice specified in paragraph (2) shall be recorded. The member in charge shall ask the arrested person or cause him to be asked to sign the custody record in acknowledgement of receipt of the notice. If he refuses to sign, the refusal shall be recorded.

9 Notification to solicitor or other persons.

9. (1) (a) Where an arrested person is under the age of seventeen years, the member in charge of the station concerned shall as soon as practicable—

(i) inform or cause to be informed a parent or guardian of the person—

(I) of his being in custody in the station,

(II) in ordinary language of the offence or other matter in respect of which he has been arrested, and

(III) of his entitlement to consult a solicitor, and

(ii) request the parent or guardian to attend at the station without delay.

(b) If the member in charge is unable to communicate with a parent or guardian, he shall inform the arrested person or cause him to be informed without delay of that fact and of his entitlement to have notification of his being in custody in the station concerned sent to another person reasonably named by him.

(c) If the arrested person is married, this paragraph shall have effect with the substitution of references to his spouse for the references to a parent or guardian.

(2) (a) Where an arrested person has asked for a solicitor or has asked that a person reasonably named by him should be notified of his being in custody in the station concerned—

(i) the member in charge shall notify or cause to be notified the solicitor or that person accordingly as soon as practicable, and

(ii) if the solicitor or the named person cannot be contacted within a reasonable time or if the solicitor is unable or unwilling to attend at the station, the person shall be given an opportunity to ask for another solicitor or that another person reasonably named by him should be notified as aforesaid and, if the person asks for another solicitor or asks that another person reasonably named by him should be notified as aforesaid, the member in charge shall notify or cause to be notified that other solicitor or person accordingly as soon as practicable.

(b) If the arrested person is under the age of seventeen years, subparagraph (a) shall also apply in relation to a request for a solicitor by a parent of his or his guardian or spouse or by an adult who is present during the questioning of the arrested person in accordance with subparagraph (b) or (c) of Regulation 13(2) with the substitution of references to a parent of his, his guardian or spouse or such an adult for the references to an arrested person.

(3) Where an arrested person is being transferred to another station, the member in charge of the station from which he is being transferred shall inform any person who has been notified or informed under this Regulation, or cause him to be informed, of the transfer as soon as practicable.

(4) Any request made by a person under this Regulation and the time at which it was made and complied with and any action taken by a member under this Regulation and the time at which it was taken shall be recorded.

10 Enquiries.

10. (1) Information as to the station where an arrested person is in custody shall be given—

(a) if the arrested person consents, in response to an enquiry by a solicitor whose presence has not been requested by him;

(b) if the arrested person consents and the member in charge is satisfied that giving the information will not hinder or delay the investigation of crime, in response to an enquiry by any other person.

(2) As soon as practicable after a person is taken on arrest to, or arrested in, a station other than a district headquarters, the member in charge of the station shall notify the district headquarters for the district or cause it to be notified accordingly and shall also, as soon as practicable, notify the district headquarters for the district or cause it to be notified if the person is transferred to another station or ceases to be in the custody of the Garda Síochána.

(3) Where a person is in custody in a district other than that in which he resides, the member in charge shall also, as soon as practicable, notify or cause to be notified the district headquarters for the district in which the person resides.

(4) A notification to a district headquarters under this Regulation and the time of the notification shall be recorded.

(5) A record shall be kept in each district headquarters of persons whose whereabouts have been notified to it under this Regulation and of the times of the notifications.

(6) The Commissioner of the Garda Síochána may from time to time designate a station or stations in the Dublin Metropolitan Area for the purpose of receiving notifications under this Regulation and, if and for so long as a station or stations is or are so designated, then notwithstanding anything in this Regulation, as respects a district in that Area—

(a) the said notifications shall be made to the station, or one of the stations, so designated and, in case the person in custody resides in a district outside that Area, to the district headquarters for that district, and

(b) paragraphs (4) and (5) shall have effect as if the reference in paragraph (4) to a district headquarters were a reference to a station so designated and as if the reference in paragraph (5) to each district headquarters were a reference to the station or, as the case may be, each of the stations so designated.

(7) In this Regulation “district headquarters” means the Garda Síochána headquarters for a district.

11 Visits and communications.

11. (1) An arrested person shall have reasonable access to a solicitor of his choice and be enabled to communicate with him privately.

(2) Where an arrested person has not had access to a solicitor in accordance with paragraph (1) and a solicitor whose presence has not been requested by the arrested person presents himself at the station and informs the member in charge that he wishes to visit that person, the person shall be asked if he wishes to consult the solicitor and, if he does so wish, the said paragraph (1) shall apply accordingly.

(3) A consultation with a solicitor may take place in the sight but out of hearing of a member.

(4) An arrested person may receive a visit from a relative, friend or other person with an interest in his welfare provided that he so wishes and the member in charge is satisfied that the visit can be adequately supervised and that it will not hinder or delay the investigation of crime.

(5) (a) An arrested person may make a telephone call of reasonable duration free of charge to a person reasonably named by him or send a letter (for which purpose writing materials and, where necessary, postage stamps shall be supplied on request) provided that the member in charge is satisfied that it will not hinder or delay the investigation of crime. A member may listen to any such telephone call and may terminate it if he is not so satisfied and may read any such letter and decline to send it if he is not so satisfied.

(b) Subparagraph (a) is without prejudice to the provision of paragraph (1).

(6) Before an arrested person has a supervised visit or communicates with a person other than his solicitor, he shall be informed that anything he says during the visit or in the communication may be given in evidence.

12 Interviews (general).

12. (1) Before an arrested person is interviewed, the member conducting the interview shall identify himself and any other member present by name and rank to the arrested person.

(2) The interview shall be conducted in a fair and humane manner.

(3) Not more than two members shall question the arrested person at any one time and not more than four members shall be present at any one time during the interview.

(4) If an interview has lasted for four hours, it shall be either terminated or adjourned for a reasonable time.

(5) As far as practicable interviews shall take place in rooms set aside for that purpose.

(6) Where an arrested person asks for a solicitor, he shall not be asked to make a written statement in relation to an offence until a reasonable time for the attendance of the solicitor has elapsed.

(7) (a) Except with the authority of the member in charge, an arrested person shall not be questioned between midnight and 8 a.m. in relation to an offence, which authority shall not be given unless—

(i) he has been taken to the station during that period,

(ii) in the case of a person detained under section 4 of the Act, he has not consented in writing to the suspension of questioning in accordance with subsection (6) of that section, or

(iii) the member in charge has reasonable grounds for believing that to delay questioning the person would involve a risk of injury to persons, serious loss of or damage to property, destruction of or interference with evidence or escape of accomplices.

(b) Subparagraph (a) (i) is subject to the provisions of Regulation 19 (2).

(8) (a) Where an arrested person is deaf or there is doubt about his hearing ability, he shall not be questioned in relation to an offence in the absence of an interpreter, if one is reasonably available, without his written consent (and, where he is under the age of seventeen years, the written consent of an appropriate adult) or in the circumstances specified in paragraph (7) (a) (iii).

(b) A consent shall be signed by the arrested person and be recorded in the custody record or a separate document.

(c) Where an arrested person has requested the presence of an interpreter under subparagraph (a) and one is not reasonably available, any questions shall be put to him in writing.

(9) An arrested person who is under the influence of intoxicating liquor or drugs to the extent that he is unable to appreciate the significance of questions put to him or his answers shall not be questioned in relation to an offence while he is in that condition except with the authority of the member in charge, which authority shall not be given except in the circumstances specified in paragraph (7) (a) (iii).

(10) If, while being interviewed, an arrested person makes a complaint to a member in relation to his treatment while in custody, the member shall bring it to the attention of the member in charge, if he is not present at the interview, and record it or cause it to be recorded in the record of the interview.

(11) (a) A record shall be made of each interview either by the member conducting it or by another member who is present. It shall include particulars of the time the interview began and ended, any breaks in it, the place of the interview and the names and ranks of the members present.

(b) Where an interview is not recorded by electronic or other similar means, the record shall—

(i) be made in the notebook of the member concerned or in a separate document and shall be as complete as practicable,

(ii) if it is practicable to do so and the member concerned is of opinion that it will not interfere with the conduct of the interview, be made while the interview is in progress or otherwise as soon as practicable afterwards, and

(iii) be signed by the member making it and include the date and time of signature.

(12) (a) A record shall be made of the times during which an arrested person is interviewed and the members present at each interview.

(b) Where an authority is given pursuant to this Regulation, the fact that it was given, the name and rank of the member giving the authority and the reasons for doing so shall be recorded.

(c) The fact that an arrested person has consented in writing under section 4 (6) of the Act to the suspension of questioning between midnight and 8 a.m. shall be recorded and the consent shall be attached to and form part of the custody record.

(d) The particulars specified in section 4 (6) (d) of the Act shall be recorded.

13 Interviews (persons under seventeen years).

13. (1) Except with the authority of the member in charge, an arrested person who is under the age of seventeen years shall not be questioned in relation to an offence or asked to make a written statement unless a parent or guardian is present, which authority shall not be given unless—

(a) it has not been possible to communicate with a parent or guardian in accordance with Regulation 9 (1) (a),

(b) no parent or guardian has attended at the station concerned within a reasonable time of being informed that the person was in custody and of being requested so to attend,

(d) the member in charge has reasonable grounds for believing that to delay questioning the person would involve a risk of injury to persons or serious loss of or damage to property, destruction of or interference with evidence or escape of accomplices:

Provided that a parent or guardian may be excluded from the questioning with the authority of the member in charge which authority shall not be given unless—

(i) the parent or guardian concerned is the victim of, or has been arrested in respect of, the offence being investigated,

(ii) the member in charge has reasonable grounds—

(I) for suspecting him of complicity in the offence, or

(II) for believing that he would, if present during the questioning, be likely to obstruct the course of justice, or

(III) while so present, his conduct has been such as to amount to an obstruction of the course of justice.

(2) Where an arrested person who is under the age of seventeen years is to be questioned in relation to an offence in the absence of a parent or guardian, the member in charge shall, unless it is not practicable to do so, arrange for the presence during the questioning of—

(a) the other parent or another guardian,

(b) if the other parent or another guardian is not readily available or his presence, having regard to the proviso to paragraph (1), is not appropriate, an adult relative, or

(c) if the other parent or another guardian or an adult relative is not readily available or the presence of the other parent or another guardian is, having regard to the said proviso, not appropriate, some other responsible adult other than a member.

(3) Where a request for the attendance of a solicitor is made during the questioning by the parent or guardian, spouse, adult relative or other adult present, Regulation 12(6) shall apply as if the request had been made by the arrested person.

(4) Where an authority is given to a member to question an arrested person in the absence of a parent or guardian, or to exclude a parent, guardian or other person from the questioning pursuant to paragraph (1) or (2), the fact that the authority was given, the name and rank of the member giving it, the reasons for doing so and the act ion taken in compliance with the said paragraph (2) shall be recorded.

(5) (a) This Regulation is without prejudice to the provisions of Regulation 12.

(b) This Regulation (other than paragraph (3)), in its application to a person under the age of seventeen years who is married to an adult, shall have effect with the substitution of references to the person’s spouse for the references (other than those in subparagraphs (a), (b) and (c) of paragraph (2)) to a parent or guardian and as if “a parent or guardian” were substituted for “the other parent or another guardian” in each place where it occurs in those subparagraphs.

14 Foreign nationals.

14. (1) The member in charge shall without delay inform or cause to be informed any arrested person who is a foreign national that he may communicate with his consul and that, if he so wishes, the consul will be notified of his arrest. The member in charge shall, on request, cause the consul to be notified as soon as practicable. Any communication addressed to him shall be forwarded as soon as practicable.

(2) Consular officers shall be entitled to visit one of their nationals, or a national of another State for whom, by formal or informal arrangement, they offer consular assistance, who is an arrested person and to converse and correspond with him and to arrange for his legal representation.

(3) This Regulation is without prejudice to the application to a national of a foreign country of the provisions of a consular convention or arrangement between the State and that country.

(4) If the member in charge has reasonable grounds for believing that an arrested person who is a foreign national is a political refugee or is seeking political asylum, a consular officer shall not be notified of his arrest or given access to or information about him except at the express request of the foreign national.

(5) A record shall be made of the time when a foreign national was informed or notified in accordance with this Regulation, when any request was made, when the request was complied with and when any communication was forwarded to a consul.

(6) In this Regulation “consul” means, in relation to a foreign national, the diplomatic or consular representative of that person’s own country either in the State or accredited to the State on a non- residential basis, or a diplomatic or consular representative of a third country which may formally or informally offer consular assistance to a national of a country which has no resident representative in the State.

15 Charge sheets.

15. (1) Where a person in custody is charged with an offence, a copy of the charge sheet containing particulars of the offence shall be given to him as soon as practicable. Where the person charged is under the age of seventeen years, a copy of the charge sheet shall also be given to the person’s parent or guardian or (where the person is married to an adult) to the spouse if present when the person is charged or, if not present, shall be forwarded as soon as practicable.

(2) A record shall be made of the time when the person was charged with an offence. The charge sheet number (or numbers) shall also be recorded. Where a copy of a charge sheet is given to a person in the station, he shall be asked to sign the custody record in acknowledgement of its receipt. If he refuses to sign it, the refusal shall be recorded.

Persons other than arrested persons

16 Provisions relating to persons other than arrested persons.

16. (1) This Regulation applies to a person in custody other than an arrested person.

(2) Information as to the station where a person to whom this Regulation applies is in custody shall be given in response to an enquiry by—

(a) his solicitor,

(b) if the person consents, another solicitor,

(c) if the person consents and the member in charge is satisfied that giving the information will not prejudice the person’s safe custody, any other person.

(3) Regulation 10, except paragraph (1), shall have effect in relation to a person to whom this Regulation applies and who is expected to remain in custody overnight.

(4) (a) Where a person to whom this Regulation applies has asked for a solicitor, the member in charge shall notify the solicitor or cause him to be notified accordingly.

(b) If the solicitor cannot be contacted within a reasonable time or if he is unable or unwilling to attend at the station, the person shall be given an opportunity to ask for another solicitor.

(5) (a) Paragraphs (1) and (2) of Regulation 11 shall have effect in relation to a person to whom this Regulation applies.

(b) Such a person may receive a visit from a relative, friend or other person with an interest in his welfare provided that he so wishes and the member in charge is satisfied that the visit can be adequately supervised and that it will not be prejudicial to the interests of justice.

(6) Regulation 14, except paragraph (1), shall have effect in relation to a foreign national to whom this Regulation applies.

Provisions Applicable Generally

17 Searches.

17. (1) A member conducting a search of a person in custody shall ensure, so far as practicable, that the person understands the reason for the search and that it is conducted with due respect for the person being searched.

(2) A person in custody shall not be searched by a person (other than a doctor) of the opposite sex.

(3) Where a search of a person in custody involves removal of clothing, other than headgear or a coat, jacket, glove or similar article of clothing, no person of the opposite sex shall be present unless either that person is a doctor or the member in charge considers that the presence of that person is necessary by reason of the violent conduct of the person to be searched.

(4) A search of a person in custody involving removal of underclothing shall, where practicable, be carried out by a doctor.

(5) Where clothing or footwear of a person is retained, replacements of a reasonable standard shall be provided.

(6) A record shall be made of a search of a person in custody including the name of the person conducting the search and the names of those present.

(7) Particulars of any property taken from or handed over by a person in custody shall be recorded. The person shall be asked to sign the record of such property as being correct. If he refuses to do so, the refusal shall be recorded at the time of refusal.

18 Fingerprints, etc.

18. (1) (a) Fingerprints, palm prints or photographs shall not be taken of, or swabs or samples taken from, a person in custody ( otherwise than pursuant to a power conferred on a member by law) except with his written consent and, where he is under the age of seventeen years, the written consent of an appropriate adult.

(b) A consent shall be signed and be recorded in the custody record or a separate document.

(2) The fact that fingerprints, palm prints, photographs, swabs or samples have been taken of or from a person in custody shall be recorded.

(3) Where the authority of a member of the Garda Síochána of a specified rank is required for the taking of fingerprints, palm prints or photographs of a person in custody, the name and rank of the member giving the authority shall be recorded.

19 Conditions of custody.

19. (1) A person shall be kept in custody only in a station which has facilities to enable him to be treated in accordance with these Regulations for the period during which he is expected to be in custody in that station.

(2) A person in custody shall be allowed such reasonable time for rest as is nencessary.

(3) A person in custody shall be provided with such meals as are nencessary and, in any case, at least two light meals and one main meal in any twenty-four hour period. He may have meals supplied at his own expense where it is practicable for the member in charge to arrange this.

(4) Access to toilet facilities shall be provided for a person in custody.

(5) Where it is necessary to place persons in custody in cells, as far as practicable not more than one person shall be kept in each cell. Persons of the opposite sex shall not be placed in a cell together. A violent person shall not be placed in a cell with other persons if this can be avoided.

(6) Where a person is kept in a cell, a member shall visit him at intervals of approximately half an hour. A drunken person or a person under the influence of drugs shall be visited and spoken to and if necessary roused for this purpose at intervals of approximately a quarter of an hour for a period of two hours or longer if his condition warrants it.

(7) A member shall be accompanied when visiting a person in custody of the opposite sex who is alone in a cell.

(8) A person in custody under the age of seventeen years shall not be kept in a cell unless there is no other secure accommodation available and where practicable shall not be placed in a cell with an adult other than an adult relative.

20 Persons in custody not to be ill-treated.

20. (1) No member shall subject a person in custody to ill-treatment of any kind or the threat of ill-treatment(whether against the person himself, his family or any other person connected with him) or permit any other person to do so.

(2) No member shall use force against a person in custody except such reasonable force as is necessary—

(a) in self-defence,

(b) to secure compliance with lawful directions,

(d) to restrain him from injuring himself or others, damaging property or destroying or interfering with evidence.

(3) If a member uses force which causes injury to a person in custody, he shall, if he is not the member in charge, report the circumstances to that member, who shall report the matter to the superintendent in charge of the district. If the force is used by the member in charge, he shall report the circumstances to that superintendent.

(4) If it comes to the notice of a member that there has been a contravention of paragraph (1), (2) or (3) by another member—

(a) he shall report the matter to the member in charge or (in case the contravention is by the member in charge) to the superintendent in charge of the district, and

(b) unless the matter has already been reported to that superintendent, the member in charge shall report it to him.

(5) The action taken in accordance with paragraph (3) or (4) shall be recorded.

(6) On receiptof a report under paragraph (3) or (4) by a superintendent, he shall investigate the matter without delay or cause it to be so investigated.

(7) If a person in custody makes a complaint concerning the conduct of a member (whether before or after his arrest) or, if such a complaint is made on his behalf, the fact that a complaint was made shall be recorded. Particulars of the complaint shall be recorded in a separate document, a copy of which shall be attached to and form part of the custody record. If the complaint alleges physical ill-treatment, the member in charge shall arrange for the person to be medically examined as soon as practicable unless, in a case where the allegation relates to another member, he considers the complaint to be frivolous or vexatious.

21 Medical treatment.

21. (1) If a person in custody—

(a) is injured,

(b) is under the influence of intoxicating liquor or drugs and cannot be roused,

(c) fails to respond normally to questions or conversation (otherwise than owing to the influence of intoxicating liquor alone),

(d) appears to the member in charge to be suffering from a mental illness, or

(e) otherwise appears to the member in charge to need medical attention,

The member in charge shall summon a doctor or cause him to be summoned, unless the person’s condition appears to the member in charge to be such as to necessitate immediate removal to a hospital or other suitable place. The member in charge shall ensure that any instructions given by a doctor in relation to the medical care of a person in custody are complied with.

(2) Notwithstanding that paragraph (1) may not apply, medical advice shall be sought if the person in custody claims to need medication relating to a heart condition, diabetes, epilepsy or other potentially serious condition or the member in charge considers it necessary because the person has in his possession any such medication.

(3) The removal of a person in custody to a hospital or other suitable place and the time of removal shall be recorded. Any instructions given by a doctor regarding the medical care of a person in custody and the steps taken to comply with them shall also be recorded.

(4) If a person in custody asks to be examined by a doctor of his choice at his own expense, the member in charge shall, if and as soon as practicable, make arrangements accordingly. This shall not preclude his examination by another doctor summoned by the member in charge provided that the person in custody consents to the examination.

(5) A record shall be made of any medical examination sought by the member in charge or person in custody, the time the examination was sought and the time it was carried out. If it is not practicable to accede to a request by a person in custody for medical examination by the doctor of his choice at his own expense, the relevant circumstances shall also be recorded.

(16) Where a person in custody has been removed to a hospital or other suitable place, an immediate relative and any other person required to be notified under Regulation 9 of the person’s detention shall be so informed as soon as practicable. The time at which the relative and other person were informed shall be recorded.

22 Mentally handicapped persons.

22. (1) The provisions of these Regulations relating to persons under the age of seventeen years shall apply, in addition to any other applicable provisions, in relation to a person in custody not below that age whom the member in charge suspects or knows to be mentally handicapped.

(2) In the application of Regulation 13(2)(c) to such a person, the responsible adult referred to in that provision shall, where practicable, be a person who has experience in dealing with the mentally handicapped.

23 Other matters to be recorded.

23. Particulars relating to any of the following matters (including the relevant time and the act ion, if any, taken by a member in relation thereto) shall also be recorded:

(a) visits to persons in custody by the member in charge or other members,

(b) any other visits to them,

(d) telephone calls made or letters sent by them,

(e) any requests made by them or by persons attending at the station and seeking to visit them,

(f) meals supplied to them,

(g) the ending of their custody (release, station bail, etc.).

24 Preservation of custody records.

24. (1) Custody records shall be preserved for at least twelve months or, if any proceedings to which a custody record would be relevant are instituted or any complaint is made in respect of the conduct of a member while a person was in custody, until the final determination of the proceedings or complaint, whichever is the later.

(2) When a person ceases to be in custody, he or his legal representative shall, on request made within twelve months thereafter, be supplied as soon as practicable with a copy of the custody record relating to him or of such entries in it as he may specify.

GIVEN under my Official Seal, this 16th day of April, 1987.

GERARD COLLINS,

Minister for Justice.

EXPLANATORY NOTE.

The regulations contain detailed provisions regarding the treatment of persons in custody in Garda stations.

S.I. No. 74/1997 –

Criminal Justice Act, 1984 (Electronic Recording of Interviews) Regulations, 1997.

S.I. No. 74 of 1997.

CRIMINAL JUSTICE ACT, 1984 (ELECTRONIC RECORDING OF INTERVIEWS) REGULATIONS, 1997.

I, NORA OWEN, Minister for Justice, in exercise of the powers conferred on me by section 27 of the Criminal Justice Act, 1984 (No. 22 of 1984), hereby make the following Regulations:

1 Citation and Commencement.

1. (1) These Regulations may be cited as the Criminal Justice Act, 1984 (Electronic Recording of Interviews) Regulations, 1997.

(2) These Regulations shall come into operation on the 1st day of March, 1997.

2 Definitions.

2. (1) In these Regulations, unless the context otherwise requires—

“the Act of 1939” means the Offences Against the State Act, 1939 (No. 13 of 1939);

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

“the Act of 1996” means the Criminal Justice (Drug Trafficking) Act, 1996 (No. 29 of 1996);

“custody record” means a record kept under regulation 6 of the Custody Regulations;

“the Custody Regulations” means the Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987 ( S.I. No. 119 of 1987 );

“electronic recording” includes—

( a ) a record of an oral communication made on tape, and

( b ) a record, made on tape, of a series of visual images appearing as a moving picture whether or not including an accompanying soundtrack;

“equipment” means electronic recording equipment that has been provided to and installed in Garda Síochána stations for the purpose of recording interviews to which these Regulations apply;

“master tape” means the tape of an interview to which these Regulations apply on which the interview is recorded and which is sealed in accordance with these Regulations before it leaves the presence of the person being interviewed and is any one of the tapes used in the equipment;

“member” means a member of the Garda Síochána:

“member in charge” has the meaning assigned to it by regulation 4 of the Custody Regulations;

“station” means a Garda Síochána station to which these Regulations apply;

“tape” means any magnetic tape or other recording medium on which an electronic recording may be made or copied:

“working copy” means any tape, that is not the master tape, used in the equipment.

(2) Where provision is made in these Regulations for any matter to be recorded, then such matter shall be recorded—

( a ) on the tapes of the interview that is being recorded, or

( b ) in writing in the custody record of the person being interviewed where, because of the circumstances, recording on those tapes is not practicable.

(3) In these Regulations unless otherwise indicated—

( a ) a reference to a regulation is to a regulation of these Regulations, and

( b ) a reference to a paragraph or subparagraph is to the paragraph or subparagraph in which the reference occurs.

(4) A work or expression used in these Regulations and also used in the custody Regulations has, unless the context otherwise requires, the same meaning in these Regulations as in the custody Regulations.

3 Application.

3. (1) These Regulations shall apply to stations where the equipment has been provided and installed.

(2) These Regulations shall apply to interviews, including the taking and reading back of statements, that take place in a station with persons who have been detained under—

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

( b ) section 30 of the Act of 1939, or

( c ) section 2 of the Act of 1996, or

( d ) section 2 of the Act of 1996 as modified by section 4 (3) of that Act.

4 Electronic Recording of Interviews

4. (1) Subject to paragraph (3), interviews with persons to whom these Regulations apply shall be electronically recorded.

(2) The equipment used in a station shall be the equipment provided to and installed at the station for that purpose and no other equipment shall be used.

(3) An interview or part of an interview is not required to be electronically recorded:

( a ) where—

(i) the equipment is unavailable due to a functional fault, or

(ii) the equipment is already in use at the time the interview is to commence, and the member in charge considers on reasonable grounds that the interview should not be delayed until the fault is rectified or the equipment becomes available;

( b ) where otherwise the electronic recording of the interview is not practicable.

(4) Where an interview or part of an interview is not recorded for any of the reasons referred to in paragraph (3), the member in charge shall enter or cause to be entered in the custody record of the person to be interviewed a note setting out the fact that the interview was not electronically recorded and the reason.

(5) Notwithstanding that an interview is electronically recorded in accordance with these Regulations, regulation 12 (11) (b) (i), (ii) and (iii) of the Custody Regulations shall apply as if the interview were not electronically recorded.

5 ..

5. (1) The member in charge shall, before an interview is commenced, in addition to the information to be provided pursuant to regulation 8 of the Custody Regulations, inform or cause to be informed, orally and in ordinary language, the person to be interviewed that—

( a ) the interview with him or her may be electronically recorded, and

( b ) where that interview is electronically recorded he or she is entitled to receive a notice as to what is to happen to the tapes of that interview.

(2) The member in charge shall give or cause to be given to the person the notice referred to in paragraph (1) (b).

6 ..

6. (1) The member conducting an interview to which these Regulations apply shall, before commencing the electronic recording of the interview, and in the sight of the person to be interviewed—

( a ) unwrap the required number of unused blank tapes.

( b ) load the equipment with the tapes, and

( c ) set the equipment to record.

(2) While the equipment is recording, the member conducting the interview shall—

( a ) caution the person being interviewed in the following terms:

“You are not obliged to say anything unless you wish to do so but whatever you say will be taken down in writing and may be given in evidence. As you are aware this interview is being taped and the tape may be used in evidence”,

and,

( b ) state all of the following:

(i) the name and rank of that member and the name and rank of any other member or members then present;

(ii) the name and status of any other person present;

(iii) the name of the person being interviewed;

(iv) the date, time of commencement of the recording and the location of the station; and

(v) that the person being interviewed has been given a notice pursuant to regulation 5 (2).

7 Interruption or Discontinuance of Electronic Recording of Interviews.

7. The electronic recording or an interview may be interrupted—

( a ) where a tape requires to be replaced with a further unused blank tape,

( b ) where the equipment requires attention in order for the electronic recording of the interview to continue,

( c ) where a break is to be taken in the interview, or

( d ) where a person being interviewed objects, at any time after the procedures specified in regulation 6 have been completed, to the electronic recording of the interview.

8 ..

8. (1) Where the electronic recording of an interview is or is proposed to be interrupted for the reason referred to in regulation 7 (a), the member conducting the interview shall—

( a ) subject to paragraph (3), when the equipment indicates that a tape has only a short time left to record, inform the person being interviewed that the tape is coming to an end and record the time and reason for the interruption.

( b ) switch off the equipment,

( c ) remove the tapes,

( d ) seal one of the tapes with a master tape label and give it an identification number,

( e ) sign the master tape label and ask the person being interviewed to sign it also, and

( f ) before recommencing the interview, follow the procedure specified in regulation 6 (1) and remind the person being interviewed that he or she has been cautioned.

(2) If the person being interviewed refuses to sign the master tape label, the member in charge shall be called to the interview room and be asked to sign it.

(3) Where the application of the procedure specified in paragraph (1) (a) is not practicable, the member conducting the interview shall, before recommencing that interview—

( a ) follow the procedure specified in regulation 6 (1),

( b ) remind the person being interviewed that he or she has been cautioned, and

( c ) record—

(i) the reason for the interruption,

(ii) the duration of the interruption, and

(iii) the time at which the interview recommenced.

9 ..

9. (1) Where the electronic recording of an interview is interrupted for the reason referred to in regulation 7 (b), the member conducting the interview shall—

( a ) subject to paragraph (3), record on the tape the time and the reason for the interruption, if practicable,

( b ) switch off the equipment if it is still recording,

( c ) remove the tapes,

( d ) seal one of the tapes with a master tape label and give it an identification number,

( e ) sign the master tape label and ask the person being interviewed to sign it also, and

( f ) before recommencing the interview, follow the procedure specified in regulation 6 (1) and remind the person being interviewed that he or she has been cautioned.

(2) If the person being interviewed refuses to sign the master tape label, the member in charge shall be called to the interview room and be asked to sign it.

(3) Where the application of the procedure specified in paragraph (1) (a) is not practicable, the member conducting the interview shall, before recommencing that interview—

( a ) follow the procedure specified in regulation 6 (1),

( b ) remind the person being interviewed that he or she has been cautioned, and

( c ) record—

(i) the reason for the interruption,

(ii) the duration of the interruption, and

(iii) the time at which the interview recommenced.

(4) Where the application of the procedure specified in paragraph (1) (a) is not practicable, and it is not practicable to recommence the electronic recording of the interview in accordance with paragraph (3), the member conducting the interview—

( a ) shall cause to be entered in the custody record of the person being interviewed, a note setting out the reason for the interruption of that interview and as to why those procedures are not practicable, and

( b ) may proceed with the interview without the electronic recording thereof.

10 ..

10. (1) Where the electronic recording of an interview is or is proposed to be interrupted for the reason referred to in regulation 7 (c) and the person being interviewed is to vacate the interview room, the member conducting the interview shall—

( a ) record that a break is to be taken and the reason for the break,

( b ) record the time,

( c ) switch off the equipment,

( d ) remove the tapes,

( e ) seal one of the tapes with a master tape label and give it an identification number,

( f ) sign the master tape label and ask the person interviewed to sign it also, and

(g) before recommencing the interview, follow the procedure specified in regulation 6 (1) and remind the person being interviewed that he or she has been cautioned.

(2) If the person being interviewed refuses to sign the master tape label, the member in charge shall be called to the interview room and be asked to sign it.

(3) Where the member conducting the interview and the person being interviewed are to remain in the interview room during the break, the member shall—

( a ) record that a break is to be taken and the reason for the break,

( b ) record the time, and

( c ) switch off the equipment,

and the member conducting the interview shall, before recommencing that interview—

(i) set the equipment to record,

(ii) remind the person being interviewed that he or she has been cautioned, and

(iii) record the time at which the interview recommenced.

11 ..

11. (1) Where the electronic recording of an interview is discontinued for the reason referred to in regulation 7 (d), the member conducting the interview shall—

( a ) subject to paragraph (3), record the time and the reason for the discontinuance,

( b ) switch off the equipment if it is still recording,

( c ) remove the tapes,

( d ) seal one of the tapes with a master tape label and give it an identification number, and

( e ) sign the master tape label and ask the person being interviewed to sign it also.

(2) If the person being interviewed refuses to sign the master tape label, the member in charge shall be called to the interview room and be asked to sign it.

(3) Notwithstanding paragraphs (1) and (2) and regulation 7 (d), the member conducting an interview may, as he or she sees fit, continue the electronic recording of the interview.

12 Conclusion of Interview.

12. (1) At the conclusion of the interview, the member conducting that interview shall—

( a ) enquire of the person interviewed if there is anything further he or she wishes to say or to clarify,

( b ) read back any notes and memoranda taken in that interview and enquire of the person interviewed if he or she wishes to make any alterations or additions,

( c ) record the time,

( d ) switch off the equipment,

( e ) remove the tapes,

( f ) seal one of the tapes with a master tape label and give it an identification number, and

( g ) sign the master tape label and ask the person interviewed to sign it also.

(2) If the person interviewed refuses or is unable to sign the master tape label, the member in charge shall be called to the interview room and be asked to sign it.

13 Tape Security.

13. The member who conducted an interview to which these Regulations apply shall as soon as practicable after the conclusion of the interview give the sealed master tape to the member in charge who shall enter or cause to be entered in the custody record of the person interviewed a note of the following:

( a ) that the interview has taken place;

( b ) the date of the interview;

( c ) that he or she has received the master tape;

( d ) the date and time of receipt of that tape, and

( e ) the identification number of that tape.

14 Destruction of Tapes.

14. (1) A person interviewed pursuant to these Regulations may apply, to the Superintendent of the District in which the interview took place, after the expiration of six months from the date of that interview, for the destruction of the master tape and any working copies of that interview in the possession of the Garda Síochána and those tapes shall be destroyed as provided by this Regulation where—

( a ) proceedings for an offence in respect of which those tapes may be used in evidence are not instituted against the person interviewed within the period of six months from the date of that interview 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 ) such proceedings have been so instituted within that period and the person interviewed is acquitted or discharged or those proceedings are discontinued.

(2) The person interviewed, his or her legal representative or some other person authorised by him or her in writing to act on his or her behalf shall be entitled, on request, to witness the destruction of the tapes.

(3) Destruction of the tapes shall be carried out by the effective removal of the electronic recording on those tapes.

(4) Where civil proceedings are instituted, before a particular tape in respect of which a request has been made for its destruction under this regulation is destroyed, and a party to the proceedings serves notice on the Commissioner of the Garda Síochána that the tape may be required in connection with the proceedings, then, notwithstanding anything in this regulation, that tape shall be preserved until six months from the conclusion of the proceedings or until the conclusion of any proceedings on appeal, whichever is the later.

(5) Notwithstanding paragraph (1), the Superintendent of the District in which the interview took place may authorise the preservation of a tape, in respect of which a request has been made for its destruction, for a further period not exceeding six months on being satisfied that it may be required for the purpose of proceedings, including further proceedings, in relation to an offence referred to in paragraph (1) (a).

15 ..

15. (1) The seal on the master tape shall not be broken by any person except—

( a ) at the request, in writing, of the person interviewed or his or her legal representative,

( b ) pursuant to a direction given by a court,

( c ) pursuant to a direction given by the Garda Síochána Complaints Board, or

( d ) a member not below the rank of chief superintendent in the case of disciplinary proceedings.

(2) ( a ) Whenever the seal on a master tape is to be broken pursuant to paragraph (1), either the person interviewed or his or her legal representative, or both that person and his or her representative, shall be given the opportunity to be present when that seal is broken and throughout the period when the master tape remains unsealed.

( b ) If the person interviewed and his or her legal representative are not present, the seal shall be broken by a member in the presence of a member not below the rank of superintendent.

(3) ( a ) The master tape shall then be resealed with a master tape label by the member in charge and either the person interviewed or his or her legal representative, or both that person and his or her representative, shall be invited to sign the master tape label when that tape is resealed.

( b ) If the person interviewed, or his or her legal representative, refuses to sign the master tape label, when that tape is resealed, the master tape label shall be signed by a member not below the rank of superintendent.

16 Provision of Tapes to Persons Interviewed

16. A working copy shall be provided to the person interviewed or to his or her legal representative on receipt of a request in writing, from that person or his or her representative, to the Superintendent of the District in which the interview took place, unless that Superintendent believes, on reasonable grounds, that to do so would prejudice an ongoing investigation or endanger the safety, security and well being of another person.

17 Photographs

17. A tape of an interview that has been electronically recorded shall not be made available for the purposes of—

( a ) producing a photograph, or

(b) otherwise for the identification.

of the person interviewed except with the written consent of that person.

GIVEN under my Official Seal, this 11th day of February, 1997.

NORA OWEN,

Minister for Justice.

EXPLANATORY NOTE.

The Regulations provide for the electronic recording of interviews with suspects detained under section 4 of the Criminal Justice Act, 1984 , section 30 of the Offences Against the State Act, 1939 , section 2 of the Criminal Justice (Drug Trafficking) Act, 1996 , or section 2 of that Act as modified by section 4 (3), in Garda stations where equipment has been provided and installed for this purpose.

S.I. No. 641/2006 –

Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) (Amendment) Regulations 2006

S.I. No. 641 of 2006

CRIMINAL JUSTICE ACT 1984 (TREATMENT OF PERSONS IN CUSTODY IN GARDA SÍOCHÁNA STATIONS) (AMENDMENT) REGULATIONS 2006

I, MICHAEL MCDOWELL, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 7 of the Criminal Justice Act 1984 (No. 22 of 1984), hereby make the following regulations with respect to which, pursuant to that section, a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House:

Citation

1. These Regulations may be cited as the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) (Amendment) Regulations 2006.

Definitions

2. In these Regulations—

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

“chief superintendent” means a chief superintendent of the Garda Síochána;

“1984 Regulations” means the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 ( S.I. No. 119 of 1987 ).

Amendment of 1984 Regulations

3. The 1984 Regulations are amended by—

(a) the substitution of “eighteen” for “seventeen”, wherever it occurs in the Regulations,

(b) the insertion in Regulation 5(3) of “or, in the case of a direction given under section 4(3)(bb) of the Act, to another member of or above the rank of chief superintendent” after “superintendent”,

“(aa) Where a direction has been given by a member of the Garda Síochána under section 4(3)(bb) of the Act that a person be detained for a further period not exceeding twelve hours, the fact that the direction was given, the date and time when it was given and the name and rank of the member who gave it shall be recorded.”, and

(d) the substitution in Regulation 7(3)(b) of “A direction given under section 4(3)(b) or 4(3) (bb) of the Act” for “The direction”.

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GIVEN under my Official Seal,

14 December 2006

MICHAEL MCDOWELL

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the Criminal Justice Act 1984 (Treatment of persons in Custody in Garda Síochána Stations) Regulations 1987 to reflect section 9 of the Criminal Justice Act 2006 , which provides for an increase in the period of detention permitted under the Criminal Justice Act 1984 , and section 70 of the Children Act 2001 , which raises from seventeen to eighteen the age limit for the purposes of certain provisions of the 1987 regulations.

S.I. No. 168/2009 –

Criminal Justice Act 1984 (Electronic Recording of Interviews) (Amendment) Regulations 2009

S.I. No. 168 of 2009

CRIMINAL JUSTICE ACT 1984 (ELECTRONIC RECORDING OF INTERVIEWS) (AMENDMENT) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th May, 2009.

I, DERMOT AHERN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 27 of the Criminal Justice Act 1984 (No. 22 of 1984) (as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 298 of 1997 )), hereby make the following regulations:

1. These Regulations may be cited as the Criminal Justice Act 1984 (Electronic Recording of Interviews) (Amendment) Regulations 2009.

2. Regulation 2 of the Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 ( S.I. No. 74 of 1997 ) is amended by the insertion of the following after the definition of “the Act of 1996”:

“ ‘the Act of 2007’ means the Criminal Justice Act 2007 (No. 29 of 2007);”.

3. Regulation 3 of the Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 is amended by the substitution of the following paragraph for paragraph (2):

“(2) These Regulations shall apply to interviews, including the taking and reading back of statements, that take place in a station with persons who have been detained under—

(a) section 30 or 30A (inserted by section 11 of the Offences against the State (Amendment) Act 1998 (No. 39 of 1998)) of the Act of 1939,

(b) section 4 of the Act of 1984,

(d) section 2 of the Act of 1996 as modified by section 4(3) of that Act,

(e) section 50 of the Act of 2007, or

(f) section 50 of the Act of 2007 as modified by section 51(3) of that Act.”.

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GIVEN under my Official Seal,

29 April 2009

DERMOT AHERN,

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations amend the Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997.

S.I. No. 560/2010 –

Criminal Justice Act 1984 (Electronic Recording of Interviews) (Amendment) Regulations 2010.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th November, 2010.

I, DERMOT AHERN, Minister for Justice and Law Reform, in exercise of the powers conferred on me by section 27 of the Criminal Justice Act 1984 (No. 22 of 1984) (as adapted by the Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 ( S.I. No. 216 of 2010 )), hereby make the following regulations:

1. These Regulations may be cited as the Criminal Justice Act 1984 (Electronic Recording of Interviews) (Amendment) Regulations 2010.

2. In these Regulations “Principal Regulations” means the Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 ( S.I. No. 74 of 1997 ).

3. Regulation 2(1) of the Principal Regulations is amended by—

(a) substituting the following definition for the definition of “electronic recording”:

“ ‘electronic 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;”,

and

(b) substituting the following definition for the definition of “tape”:

“ ‘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;”.

4. Regulation 3 of the Principal Regulations is amended by substituting the following paragraphs for paragraph (2):

“(2) These Regulations shall apply to interviews, including the taking and reading back of statements, that take place in a station with persons who have been detained under any of the following provisions:

(a) section 30 of the Act of 1939;

(b) section 4 of the Act of 1984;

(d) section 42 of the Criminal Justice Act 1999 (No. 10 of 1999);

(e) section 50 of the Act of 2007;

(f) section 16 or 17 of the Criminal Procedure Act 2010 (No. 27 of 2010).

(3) For the avoidance of doubt it is hereby declared that a reference to any statutory provision specified in a subparagraph of paragraph (2) under which a person may be detained shall include a reference to any other statutory provision pursuant to which a person may be arrested again and detained and which applies the first-mentioned statutory provision or another of the statutory provisions specified in paragraph (2) with or without modification in relation to such detention.”.

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GIVEN under my Official Seal,

25 November 2010.

DERMOT AHERN,

Minister for Justice and Law Reform.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These regulations amend the Criminal Justice Act, 1984 (Electronic Recording of Interviews) Regulations, 1997.

S.I. No. 416/2011 –

Criminal Justice Act 1984 (Suspension of Detention under section 4(3A)) Regulations 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th August, 2011.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by section 4C (inserted by section 8 of the Criminal Justice Act 2011 (No. 22 of 2011)) of the Criminal Justice Act 1984 (No. 22 of 1984), hereby make the following regulations:

Title and commencement

1. (1) These Regulations may be cited as the Criminal Justice Act 1984 (Suspension of Detention under section 4(3A)) Regulations 2011.

(2) These Regulations shall come into operation on 9th August 2011.

Interpretation

2. (1) In these Regulations—

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

“custody record” means a record kept under Regulation 6 of the 1987 Regulations;

“member in charge” has the meaning it has in Regulation 4(1) of the 1987 Regulations;

“1987 Regulations” means the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 ( S.I. No. 119 of 1987 ).

(2) A reference in these Regulations to the signing of a document shall include, in the case of a person who is unable to write, a reference to the person making his or her mark.

Application of Regulations

3. These Regulations apply to a person aged 18 years or more—

(a) who has been detained pursuant to section 4 of the Act of 1984 in respect of a relevant offence, and

(b) whose detention is being suspended under section 4(3A) of that Act.

Form of notice for purpose of section 4(3C)

4. (1) The form of notice specified in Schedule 1 is prescribed for the purpose of section 4(3C) of the Act of 1984.

(2) The member in charge shall, without delay—

(a) give the person whose detention is being suspended pursuant to section 4(3A) the notice referred to in paragraph (1), and

(b) when so giving the notice to the person concerned, explain to him or her orally the effect of the notice.

(3) The member in charge shall ask the person whose detention is being suspended pursuant to section 4(3A) to acknowledge receipt of the notice and, in the event that he or she refuses to do so, the refusal shall be duly recorded on that notice.

(4) A copy of the notice referred to in paragraph (1) shall, as soon as practicable, be appended to the custody record relating to the person concerned.

Form of notice for purpose of section 4(3D)

5. (1) The form of notice specified in Schedule 2 is prescribed for the purpose of section 4(3D) of the Act of 1984.

(2) The notice shall be addressed to the person concerned by name and may be served on the person in one of the following ways:

(a) by giving it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address,

and, a statutory declaration of service of the notice shall be completed by the person who effected the service concerned.

(3) A copy of the notice referred to in paragraph (1) shall, as soon as practicable, be appended to the custody record relating to the person concerned.

Form of notice for purpose of section 4(3B)(d)

6. (1) The form of notice specified in Schedule 3 is prescribed for the purpose of section 4(3B)(d) of the Act of 1984.

(2) The notice shall be addressed to the person concerned by name and may be served on the person in one of the following ways:

(a) by giving it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address,

and, a statutory declaration of service of the notice shall be completed by the person who effected the service concerned.

(3) A copy of the notice referred to in paragraph (1) shall, as soon as practicable, be appended to the custody record relating to the person concerned.

Notice period for purpose of section 4(3D)(b)

7. A period of not less than 7 days notice from the date of the serving of the notice under section 4(3D)(a) of the new date or time or Garda Síochána station appointed pursuant to section 4(3D) is prescribed for the purposes of section 4(3D)(b) of the Act of 1984.

SCHEDULE 1Criminal Justice Act 1984, section 4(3C), inserted by section 7 of the Criminal Justice Act 2011

Notice of Suspension of a period of Detention

I …………………………………….. being for the time being the member in charge of .. Garda Síochána station, having reasonable grounds for believing that it is necessary for the purpose of permitting enquiries or investigations to be made for the further and proper investigation of the offence(s) for which you

…………..

of …………..

have been detained, do hereby give you notice that your detention is being suspended on the ………. day of ……………………. 20……. at ………. hours in accordance with section 4(3A) of the Criminal Justice Act 1984 , inserted by section 7 of the Criminal Justice Act 2011 .

You are also hereby given notice, in accordance with section 4(3C) of the Criminal Justice Act 1984 as inserted by section 7 of the Criminal Justice Act 2011 that you are required to return to …………………………………….. Garda Síochána station on the ……………… day of ……………………………………………………….. 20 …….. at ………………………………………… hours, for the continuation of your detention.

Failure to return to the said Garda Síochána station on the date and at the time aforesaid is an offence and you are liable to be arrested without warrant and returned for continuation of detention to that Garda Síochána station and you shall be liable on conviction to a class A fine or to imprisonment for a term of 12 months or both.

Signed …………………………………….. Member in charge …………………………………….. Garda Síochána station.

*I …………………………………….. hereby acknowledge that I understand that my period of detention is being suspended and that it is an offence for me not to return for the continuation of the period of detention as outlined in this notice.

Signed …………………………………………………..

Dated this …………………….. day of …………………….. 20……………. at ……….. hours

Witness …………………………………………………………………………….

Dated this …………………….. day of …………………….. 20……………. at ……….. hours

*I…………….being for the time being the member in charge of …………………………Garda Síochána station hereby record that ………… having been requested to sign this notice has refused to do so.

Signed:

Dated this ……………. day of 20………………. at ……….. hours

Witness:

Dated this ……………. day of ………………….. at …………… hours ……………..

*delete if inapplicable

SCHEDULE 2Criminal Justice Act 1984, section 4(3D), inserted by section 7 of the Criminal Justice Act 2011

Notice of alteration of details of return for continuation of detention period

I ……………………………………………….. a member of the Garda Síochána not below the rank of Inspector,

*(a) believing that it is necessary for the proper investigation of the offence in respect of which your detention has been suspended

or,

*(b) at your request, and being satisfied that there is good and sufficient reason to change the return date or time or the Garda Síochána station concerned,

do hereby give you ………………………………………… of ………….. ………….. notice in accordance with section 4(3D) of the Criminal Justice Act 1984 as inserted by section 7 of the Criminal Justice Act 2011 , of the appointment of a new date or time or Garda Síochána station for your return for the continuation of your period of detention.

You are now required to return to …………………………………… Garda Síochána station on the …………………………….. day of ……………………….. 20 …………….. at …………………….. hours for the continuation of your detention.

Failure to return to the said Garda Síochána station on the date and time aforesaid is an offence and you are liable to be arrested without warrant and returned for the continuation of detention to that Garda Síochána station and you shall be liable on conviction to a class A fine or to imprisonment for a term of 12 months or both.

Signed ………………………….. Rank ………………………………………

Dated this …………………….. day of ………………………………… 20

*delete if inapplicable

DECLARATION OF SERVICE

I, ______________, of ______________

* Garda Station do solemnly and sincerely declare that I duly served this notice in accordance with Regulation 5 (2) of the Criminal Justice Act 1984 (Suspension of Detention under section 4(3A)) Regulations 2011 ( S.I. No. 416 of 2011 ) at

______________

on the ______________ day of ______________ 20 ______________, by handing a copy thereof

* to the person to whom the notice was addressed in person

* by leaving it at

______________

Being the address at which the person ordinarily resides

* by leaving it at

______________

Being the address which has been furnished for service

I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .

Signed ______________

* Delete inapplicable words

SCHEDULE 3Criminal Justice Act 1984, Section 4(3B)(d), inserted by section 7 of the Criminal Justice Act 2011

Withdrawal of Notice of Suspension of Detention or Notice of Alteration of Details of Return

I …………………………………. being for the time being the member in charge of …………………………………… Garda Síochána station, do hereby give you …………………………. of ……………………………………………….. notice in accordance with section 4(3B)(d) of the Criminal Justice Act 1984 , inserted by section 7 of the Criminal Justice Act 2011 that the total period of detention permissible under section 4(9) of the Criminal Justice Act 1984 has been reached and

* the Notice of Suspension of Detention issued to you in accordance with section 4(3A) of the Criminal Justice Act 1984 as inserted by section 7 of the Criminal Justice Act 2011 on the ……………………. day of ………………………………… 20 ……..

* the Notice of Alteration of details of return for continuation of detention period issued to you in accordance with section 4(3D) of the Criminal Justice Act 1984 as inserted by section 7 of the Criminal Justice Act 2011 on the …………………………. day of ……………………….. 20 …….

is deemed to be withdrawn and you are no longer required to return to the Garda Síochána station on the date and at the time specified in the said Notice.

Signed ……………………………… Member in charge …………………………………. Garda Síochána station.

*delete if inapplicable

DECLARATION OF SERVICE

I, ______________, of ______________

* Garda Station do solemnly and sincerely declare that I duly served this notice in accordance with Regulation 6(2) of the Criminal Justice Act 1984 (Suspension of Detention under section 4(3A)) Regulations 2011 ( S.I. No. 416 of 2011 ) at

______________

on the ______________ day of ______________ 20 ______________, by handing a copy thereof

* to the person to whom the notice was addressed in person

* by leaving it at

______________

Being the address at which the person ordinarily resides

* by leaving it at

______________

Being the address which has been furnished for service

I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .

Signed ______________

* Delete inapplicable words

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GIVEN under my Official Seal,

5 August 2011.

ALAN SHATTER,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These regulations contain provisions in relation to procedures that are to apply where a person’s detention is being suspended under section 4 of the Criminal Justice Act 1984 , as amended by section 7 of the Criminal Justice Act 2011 .

S.I. No. 380/2017 –

Criminal Justice Act 1984 (Suspension of Detention under Section 4(3A)) (Persons under 18 years of age) Regulations 2017.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 25th August, 2017.

I, CHARLES FLANAGAN, Minister for Justice and Equality, in exercise of the powers conferred on me by section 4C (inserted by section 8 of the Criminal Justice Act 2011 (No. 22 of 2011)) of the Criminal Justice Act 1984 (No. 22 of 1984), hereby make the following regulations:

Title and commencement

1. (1) These Regulations may be cited as the Criminal Justice Act 1984 (Suspension of Detention under Section 4(3A)) (Persons under 18 years of age) Regulations 2017.

(2) These Regulations shall come into operation on 28 August 2017.

Interpretation

2. (1) In these Regulations—

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

“Act of 2001” means the Children Act 2001 (No. 24 of 2001);

“adult” means a person not below the age of 18 years;

“custody record” means a record kept under Regulation 6 of the Regulations of 1987;

“guardian” has the same meaning as it has in the Act of 2001;

“member” means a member of the Garda Síochána;

“member in charge” has the same meaning as it has in Regulation 4(1) of the Regulations of 1987;

“parent” and “relative” have the same meanings respectively as they have in the Act of 2001;

“Regulations of 1987” means the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 ( S.I. No. 119 of 1987 );

“station” means a Garda Síochána station.

(2) In the application of these Regulations to a person under 18 years of age who is married—

(a) a reference to parent or guardian of the person shall be construed as a reference to his or her spouse, and

(b) a reference to an adult relative of the person shall be construed as including a reference to his or her parent or guardian.

(3) A reference in these Regulations to a person signing a document shall include, in the case of a person who is unable to write, a reference to the person making his or her mark.

Application of Regulations

3. These Regulations apply to a person under 18 years of age—

(a) who has been detained pursuant to section 4 of the Act of 1984 in respect of a relevant offence, and

(b) whose detention is being suspended under section 4(3A) of that Act.

Form of notice for purpose of section 4(3C)

4. (1) The form set out in Schedule 1 is the form of notice prescribed for the purpose of section 4(3C) of the Act of 1984.

(2) The member in charge shall, without delay—

(a) give the person whose detention is being suspended pursuant to section 4(3A) of the Act of 1984 the notice referred to in paragraph (1), and

(b) when so giving the notice to the person concerned, explain, or cause to be explained, to him or her orally, in a manner that is appropriate to the age and level of understanding of the person, the effect of the notice.

(3) Where a parent or guardian of the person concerned is present at the station, the member in charge shall ensure that a copy of the notice referred to in paragraph (1) is handed to the person’s parent or guardian, as the case may be, and the effect of the notice is explained to him or her.

(4) Where a parent or guardian of the person concerned is not present at the station, the member in charge shall—

(a) where the whereabouts of the person’s parent or guardian, as the case may be, is known, ensure that a copy of the notice referred to in paragraph (1) is sent to the parent or guardian concerned, and

(b) where an adult relative of the person concerned or other adult reasonably named by the person pursuant to section 58(2)(a) of the Act of 2001 or Regulation 9 of the Regulations of 1987 is present, ensure that a copy of the notice referred to in paragraph (1) is handed to the relative or other adult, as the case may be.

(5) Where neither the parent or guardian nor any adult relative or other adult reasonably named by the person concerned pursuant to section 58(2)(a) of the Act of 2001 or Regulation 9 of the Regulations of 1987 is present at the station and the whereabouts of the parent or guardian, as the case may be, is unknown, the member in charge may send a copy of the notice referred to in paragraph (1) to an adult relative or other adult reasonably named by the person pursuant to section 58(2)(a) of the Act of 2001 or Regulation 9 of the Regulations of 1987.

(6) The member in charge shall ask the person whose detention is being suspended pursuant to section 4(3A) of the Act of 1984 and any other person present at the station to whom a copy of the notice referred to in paragraph (1) is being given to acknowledge receipt of the notice, or copy of the notice as the case may be, and, in the event that he or she refuses, or they, as the case may be, refuse, to do so, the refusal shall be duly recorded on that notice.

(7) A copy of the notice referred to in paragraph (1) shall, as soon as practicable, be appended to the custody record relating to the person concerned.

Form of notice for purpose of section 4(3D)

5. (1) The form set out in Schedule 2 is the form of notice prescribed for the purpose of section 4(3D) of the Act of 1984.

(2) The notice referred to in paragraph (1) shall be addressed to the person concerned by name and may be served on the person in one of the following ways—

(a) by giving it to the person, or

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address,

and a statutory declaration of service of the notice shall be completed by the person who effected the service concerned.

(3) Where a notice referred to in paragraph (1) is issued, the member who issued the notice shall ensure that, subject to paragraph (5), a copy of the notice is served in the manner specified in paragraph (4) on the parent or guardian, as the case may be, of the person concerned.

(4) The copy of the notice referred to in paragraph (1) shall be addressed by name to the parent or guardian, as the case may be, of the person concerned, and may be served on the parent or guardian, as the case may be, in one of the following ways—

(a) by giving it to the parent or guardian, as the case may be, or

(b) by leaving it at the address at which the parent or guardian, as the case may be, ordinarily resides or, in a case in which an address for service has been furnished, at that address,

and a statutory declaration of service of the copy of the notice shall be completed by the person who effected the service concerned.

(5) Where the whereabouts of the parent or guardian, as the case may be, of the person concerned is unknown, a copy of the notice referred to in paragraph (1) shall be addressed by name to an adult relative or other adult reasonably named by the person (in this paragraph referred to as a “relevant adult”), whether or not the relevant adult attended at the station pursuant to section 58(2) of the Act of 2001 or Regulation 9 of the Regulations of 1987, and may be served on the relevant adult in one of the following ways—

(a) by giving it to the relevant adult, or

(b) by leaving it at the address at which the relevant adult ordinarily resides or, in a case in which an address for service has been furnished, at that address,

and a statutory declaration of service of the copy of the notice shall be completed by the person who effected the service concerned.

(6) A copy of the notice referred to in paragraph (1) shall, as soon as practicable, be appended to the custody record relating to the person concerned.

Form of notice for purpose of section 4(3B)(d)

6. (1) The form set out in Schedule 3 is the form of notice prescribed for the purpose of section 4(3B)(d) of the Act of 1984.

(2) The notice referred to in paragraph (1) shall be addressed to the person concerned by name and may be served on the person in one of the following ways—

(a) by giving it to the person, or

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address,

and a statutory declaration of service of the notice shall be completed by the person who effected the service concerned.

(4) The copy of the notice referred to in paragraph (1) shall be addressed by name to the parent or guardian, as the case may be, of the person concerned, and may, be served on the parent or guardian, as the case may be, in one of the following ways—

(a) by giving it to the parent or guardian, as the case may be, or

(b) by leaving it at the address at which the parent or guardian, as the case may be, ordinarily resides or, in a case in which an address for service has been furnished, at that address,

and a statutory declaration of service of the copy of the notice shall be completed by the person who effected the service concerned.

(a) by giving it to the relevant adult, or

(b) by leaving it at the address at which the relevant adult ordinarily resides or, in a case in which an address for service has been furnished, at that address,

and a statutory declaration of service of the copy of the notice shall be completed by the person who effected the service concerned.

(6) A copy of the notice referred to in paragraph (1) shall, as soon as practicable, be appended to the custody record relating to the person concerned.

Notice period for purpose of section 4(3D)(b)

7. A period of not less than 7 days’ notice from the date of the serving of the notice under section 4(3D)(a) of the new date and time or station appointed pursuant to section 4(3D) is prescribed for the purposes of section 4(3D)(b) of the Act of 1984.

SCHEDULE 1

Regulation 4

Criminal Justice Act 1984, section 4(3C), inserted by section 7 of the Criminal Justice Act 2011

Notice of Suspension of a period of Detention of person under 18 years of age

I ………………………………………………………….. being for the time being the member in charge of …………………………. Garda Síochána station, having reasonable grounds for believing that it is necessary for the purpose of permitting enquiries or investigations to be made for the further and proper investigation of the offence(s) for which you

…………..

of …………..

have been detained, do hereby give you notice that your detention is being suspended on the………. day of ……………………. 20……. at …………. hours in accordance with section 4 (3A) of the Criminal Justice Act 1984 , inserted by section 7 of the Criminal Justice Act 2011 .

You are also hereby given notice, in accordance with section 4 (3C) of the Criminal Justice Act 1984 , as inserted by section 7 of the Criminal Justice Act 2011 , that you are required to return to…………………………………….. Garda Síochána station on the ……………… day of ……………………………. 20…….. at …………… hours, for the continuation of your detention.

Signed …………………………………….. Member in charge …………………………………….. Garda Síochána station.

Signed …………………………………………………..

Dated this …………………….. day of …………………….. 20……………. at ……….. hours

Witness …………………………………………………………………………….

Dated this …………………….. day of …………………….. 20……………. at ……….. hours

*I ………………………………………………… being the parent/guardian/adult relative or other adult named pursuant to section 58 (2) of the Children Act 2001 or Regulation 9 of the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 hereby, in accordance with Regulation 4(6) of the Criminal Justice Act 1984 (Suspension of Detention under Section 4(3A))(Persons under 18 years of age) Regulations 2017, acknowledge receipt of this notice.

Signed …………………………………………………..

Dated this …………………….. day of …………………….. 20……………. at ……….. hours

Witness …………………………………………………………………………….

Dated this …………………….. day of …………………….. 20……………. at ……….. hours

*I …………………………………………………………… being for the time being the member in charge of ………………………… Garda Síochána station hereby record that ………………………………………………………………………………. having been requested to sign this notice has refused to do so.

Signed …………………………………………………..

Dated this …………………….. day of …………………….. 20……………. at ……….. hours

Witness …………………………………………………………………………….

Dated this …………………….. day of …………………….. 20……………. at ……….. hours

*I …………………………………………………………… being for the time being the member in charge of …………………………Garda Síochána station hereby record that, in accordance with Regulation 4(4)(a) of the Criminal Justice Act 1984 (Suspension of Detention under Section 4(3A))(Persons under 18 years of age) Regulations 2017, a copy of this notice has been sent to …………..[insert name and address] being the parent/guardian of …………..

*I ……………………………………………………………. being for the time being the member in charge of ………………………… Garda Síochána station hereby record that, in accordance with Regulation 4(5) of the Criminal Justice Act 1984 (Suspension of Detention under Section 4(3A))(Persons under 18 years of age) Regulations 2017, a copy of this notice has been sent to …………..[insert name and address] being an adult relative of, or other adult named pursuant to section 58 (2) of the Children Act 2001 or Regulation 9 of the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 by ………….. [insert name and address]

Signed …………………………………………………..

Dated this …………………….. day of …………………….. 20……………. at ……….. hours

Witness …………………………………………………………………………….

Dated this …………………….. day of …………………….. 20……………. at ……….. hours

*delete if inapplicable

SCHEDULE 2

Regulation 5

Criminal Justice Act 1984 , section 4(3D), inserted by section 7 of the Criminal Justice Act 2011

Notice of Alteration of Details of Return for Continuation of Detention period of person under 18 years of age

I ……………………………………………….. a member of the Garda Síochána not below the rank of Inspector,

*(a) believing that it is necessary for the proper investigation of the offence in respect of which your detention has been suspended,

*(b) at your request, and being satisfied that there is good and sufficient reason to change the return date or time or the Garda Síochána station concerned,

do hereby give you ………………. of ……………………………………….. notice in accordance with section 4 (3D) of the Criminal Justice Act 1984 , as inserted by section 7 of the Criminal Justice Act 2011 , of the appointment of a new date or time or Garda Síochána station for your return for the continuation of your period of detention.

You are now required to return to …………………………………… Garda Síochána station on the …………………………….. day of ……………………….. 20…………….. at …………………….. hours for the continuation of your detention.

Signed ………………………….. Rank ………………………………………

Dated this …………………….. day of ………………………………… 20….

*delete if inapplicable

DECLARATION OF SERVICE

I ………………………………………………. of …………………………………………………………….

Garda Síochána station do solemnly and sincerely declare that I duly served this notice in accordance with Regulation 5(2) of the Criminal Justice Act 1984 (Suspension of Detention under Section 4(3A))(Persons under 18 years of age) Regulations 2017, at

…………..

on the……………………………………….. day of …………………………… 20………….

* by handing a copy thereof to the person to whom the notice was addressed in person

* by leaving it at …………..

being the address at which the person ordinarily resides

* by leaving it at …………..

being the address which has been furnished for service

I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 .

Signed ______________

* Delete inapplicable words

DECLARATION OF SERVICE

I ………………………………………………. of …………………………………………………………….

Garda Síochána station do solemnly and sincerely declare that I duly served a copy of this notice in accordance with—

* paragraph (4) (where a copy of the notice is to be sent to the parent or guardian)

* paragraph (5) (where a copy of the notice is to be sent to an adult relative or other adult reasonably named by the person in detention)

of Regulation 5 of the Criminal Justice Act 1984 (Suspension of Detention under Section 4(3A))(Persons under 18 years of age) Regulations 2017, at

on the ……………………………………….. day of …………………………… 20………….

* by handing a copy thereof to the person concerned in person

* by leaving it at

being the address at which the person ordinarily resides

* by leaving it at

being the address which has been furnished for service

I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 .

Signed ______________

* Delete inapplicable words

SCHEDULE 3

Regulation 6

Criminal Justice Act 1984 , section 4(3B)(d), inserted by section 7 of the Criminal Justice Act 2011

Withdrawal of Notice of Suspension of a period of Detention or Notice of Alteration of Details of Return of person under 18 years of age

I …………………………………. being for the time being the member in charge of ……………………………………………….. Garda Síochána station, do hereby give you ……………………………………. of ……………………………………………………………. notice in accordance with section 4 (3B)(d) of the Criminal Justice Act 1984 , inserted by section 7 of the Criminal Justice Act 2011 , that the total period of detention permissible under section 4 (9) of the Criminal Justice Act 1984 has been reached and

* the Notice of Suspension of a period of Detention issued to you in accordance with section 4 (3A) of the Criminal Justice Act 1984 , inserted by section 7 of the Criminal Justice Act 2011 , on the ……………………. day of ………………………………… 20……..

* the Notice of Alteration of Details of Return for Continuation of Detention period issued to you in accordance with section 4 (3D) of the Criminal Justice Act 1984 , inserted by section 7 of the Criminal Justice Act 2011 , on the…………………………. day of……………………….. 20…….

is deemed to be withdrawn and you are no longer required to return to the Garda Síochána station on the date and at the time specified in the said Notice.

Signed……………………………… Member in charge…………………………………. Garda Síochána station.

*delete if inapplicable

DECLARATION OF SERVICE

I ………………………………………………. of …………………………………………………………….

Garda Síochána station do solemnly and sincerely declare that I duly served this notice in accordance with Regulation 6(2) of the Criminal Justice Act 1984 (Suspension of Detention under Section 4(3A))(Persons under 18 years of age) Regulations 2017, at

…………..

on the ……………………………………….. day of …………………………… 20………….

* by handing a copy thereof to the person to whom the notice was addressed in person

* by leaving it at

…………..

being the address at which the person ordinarily resides

* by leaving it at

…………..

being the address which has been furnished for service

I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 .

Signed ______________

* Delete inapplicable words

DECLARATION OF SERVICE

I ………………………………………………. of …………………………………………………………….

Garda Síochána station do solemnly and sincerely declare that I duly served a copy of this notice in accordance with—

* paragraph (4) (where a copy of the notice is to be sent to the parent or guardian)

* paragraph (5) (where a copy of the notice is to be sent to an adult relative or other adult reasonably named by the person in detention)

of Regulation 5 of the Criminal Justice Act 1984 (Suspension of Detention under Section 4(3A))(Persons under 18 years of age) Regulations 2017, at

…………..

on the ……………………………………….. day of …………………………… 20………….

* by handing a copy thereof to the person concerned in person

* by leaving it at

being the address at which the person ordinarily resides

* by leaving it at

being the address which has been furnished for service

I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 .

Signed ______________

* Delete inapplicable words

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GIVEN under my Official Seal,

22 August 2017.

CHARLES FLANAGAN,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These regulations contain provisions in relation to procedures that are to apply where the detention of a person under 18 years of age is being suspended under section 4 of the Criminal Justice Act 1984 , as amended by section 7 of the Criminal Justice Act 2011 .

S.I. No. 151/2023 –

Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) (Amendment) Regulations 2023

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th April, 2023.

I, SIMON HARRIS, Minister for Justice, in exercise of the powers conferred on me by section 7 of the Criminal Justice Act 1984 (No. 22 of 1984), hereby make the following regulations with respect to which, pursuant to that section, a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House:

1. These Regulations may be cited as the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) (Amendment) Regulations 2023.

2. In these Regulations, “Regulations of 1987” means the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 ( S.I. No. 119 of 1987 ).

3. Regulation 2(1) of the Regulations of 1987 is amended by the insertion of the following definitions:

“ ‘Act of 2014’ means the Competition and Consumer Protection Act 2014 (No. 29 of 2014);

‘authorised officer’ has the same meaning as it has in the Act of 2014;”.

4. Regulation 12 of the Regulations of 1987 is amended –

(a) by the substitution of the following paragraph for paragraph (1):

“(1) Before an arrested person is interviewed, the member conducting the interview shall –

(a) identify himself or herself and any other member present by name and rank to the arrested person, and

(b) where an authorised officer is present pursuant to section 37 of the Act of 2014, identify the officer by name and as such an authorised officer to the arrested person.”,

(b) by the substitution of the following paragraph for paragraph (3):

“(3) Not more than 2 persons, each being a member or, where applicable, one such person being a member and one such person being an authorised officer, shall question the arrested person at any one time.”,

“(3A) At any one time during the interview –

(a) subject to subparagraph (c), not more than 4 members shall be present,

(b) not more than 2 authorised officers shall be present, and

(c) where an authorised officer is present, not more than 4 persons who are authorised officers or members shall be present.”,

(d) in paragraph (11)(a), by the substitution of “the names and ranks of the members, and the name of any authorised officer, present” for “the names and ranks of the members present”,

and

(e) in paragraph (12)(a), by the substitution of “and the members and any authorised officer present” for “and the members present”.

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GIVEN under my Official Seal,

31 March, 2023.

SIMON HARRIS,

Minister for Justice.

S.I. No. 151/2023 –

Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) (Amendment) Regulations 2023

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th April, 2023.

1. These Regulations may be cited as the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) (Amendment) Regulations 2023.

2. In these Regulations, “Regulations of 1987” means the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 ( S.I. No. 119 of 1987 ).

3. Regulation 2(1) of the Regulations of 1987 is amended by the insertion of the following definitions:

“ ‘Act of 2014’ means the Competition and Consumer Protection Act 2014 (No. 29 of 2014);

‘authorised officer’ has the same meaning as it has in the Act of 2014;”.

4. Regulation 12 of the Regulations of 1987 is amended –

(a) by the substitution of the following paragraph for paragraph (1):

“(1) Before an arrested person is interviewed, the member conducting the interview shall –

(a) identify himself or herself and any other member present by name and rank to the arrested person, and

(b) where an authorised officer is present pursuant to section 37 of the Act of 2014, identify the officer by name and as such an authorised officer to the arrested person.”,

(b) by the substitution of the following paragraph for paragraph (3):

“(3A) At any one time during the interview –

(a) subject to subparagraph (c), not more than 4 members shall be present,

(b) not more than 2 authorised officers shall be present, and

(c) where an authorised officer is present, not more than 4 persons who are authorised officers or members shall be present.”,

(d) in paragraph (11)(a), by the substitution of “the names and ranks of the members, and the name of any authorised officer, present” for “the names and ranks of the members present”,

and

(e) in paragraph (12)(a), by the substitution of “and the members and any authorised officer present” for “and the members present”.

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GIVEN under my Official Seal,

31 March, 2023.

SIMON HARRIS,

Minister for Justice.

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,

(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—

(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

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

(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,

(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—

(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.

(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,

(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—

(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.

(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 thereunde

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,

(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—

(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

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

(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.”.

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,

(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—

(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.

(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.

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,

(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—

(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.

(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—

(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

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.

(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.

Detention for Questioning II

District Court Rules

Proceedings under Criminal Justice Act 1984, etc.

CRIMINAL JUSTICE ACT 1984

Duration of certain sections.

Interpretation.

Detention after arrest.

Power to arrest and return person for purpose of continuation of detention.

Offence of failing to return to Garda Síochána station.

Powers of Garda Síochána in relation to detained person.

Use of reasonable force in certain circumstances.

Regulations regarding treatment of persons in custody.

Destruction of fingerprints, palm prints and photographs

Extension of retention period under section 8 for fingerprints, palm prints and photographs in certain circumstances.

Destruction of fingerprints, palm prints and photographs in exceptional circumstances

Dismissal of charges, quashing of convictions and determination of proceedings.

Application of certain sections to Garda Síochána Ombudsman Commission.

Delegation of functions of Commissioner under certain sections.

Service of notices.

Records.

Application of sections 8 to 8H.

Application to persons in custody under section 30 of Offences against the State Act, 1939.

Rearrest.

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

Inferences from failure of accused to mention particular facts.

Trial Procedure

Notice of alibi in trials on indictment.

Proof by written statement.

Proof by formal admission.

Abolition of right of accused to make unsworn statement.

Order of closing speeches.

Majority verdicts.

Proceedings after arrest.

Electronic recording of questioning.

Taking of fingerprints, palmprints or photographs of person dealt with under Probation of Offenders Act, 1907, or convicted.

Application of Act to courts-martial.

Laying of regulations before Houses of Oireachtas.

Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987.

EXPLANATORY NOTE.

Criminal Justice Act, 1984 (Electronic Recording of Interviews) Regulations, 1997.

Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) (Amendment) Regulations 2006

EXPLANATORY NOTE.

Criminal Justice Act 1984 (Electronic Recording of Interviews) (Amendment) Regulations 2009

Criminal Justice Act 1984 (Electronic Recording of Interviews) (Amendment) Regulations 2010.

Criminal Justice Act 1984 (Suspension of Detention under section 4(3A)) Regulations 2011.

Criminal Justice Act 1984 (Suspension of Detention under Section 4(3A)) (Persons under 18 years of age) Regulations 2017.

Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) (Amendment) Regulations 2023

Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) (Amendment) Regulations 2023

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

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.

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