Criminal Justice Act 2007
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Powers of detention for specified offences. |
50.— (1) This section applies to— | |
(a) murder involving the use of a firearm or an explosive, | ||
(b) murder to which section 3 of the Criminal Justice Act 1990 applies, | ||
(c) an offence under section 15 of the Act of 1925, or | ||
(d) an offence under section 15 of the Non-Fatal Offences against the Person Act 1997 involving the use of a firearm. | ||
(2) Where a member of the Garda Síochána arrests without warrant, whether in a Garda Síochána station or elsewhere, a person (in this section referred to as “the arrested person”) whom he or she, with reasonable cause, suspects of having committed an offence to which this section applies, the arrested person— | ||
(a) if not already in a Garda Síochána station, may be taken to and detained in a Garda Síochána station, or | ||
(b) if he or she is arrested in a Garda Síochána station, may be detained in the station, | ||
for such a period or periods authorised by subsection (3) if the member of the Garda Síochána in charge of the station concerned has at the time of the arrested person’s arrival at the station or his or her arrest in the station, as may be appropriate, reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence. | ||
(3) (a) The period for which a person may be detained pursuant to subsection (2) shall, subject to the provisions of this subsection, not exceed 6 hours from the time of his or her arrest. | ||
(b) A member of the Garda Síochána not below the rank of superintendent may direct that a person detained pursuant to subsection (2) be detained for a further period not exceeding 18 hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned. | ||
(c) A member of the Garda Síochána not below the rank of chief superintendent may direct that a person detained pursuant to a direction under paragraph (b) be detained for a further period not exceeding 24 hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned. | ||
(d) A direction pursuant to paragraph (b) or (c) may be given orally or in writing and, if given orally, shall be recorded in writing as soon as practicable. | ||
(e) Where a direction has been given pursuant to paragraph (b) or (c), the fact that the direction was given, the date and time when it was given and the name and rank of the member of the Garda Síochána who gave it shall be recorded. | ||
(f) The direction or, if it was given orally, the written record of it shall be signed by the member of the Garda Síochána giving it and— | ||
(i) shall state the date and time when it was given, the member’s name and rank and that he or she had reasonable grounds for believing that such further detention was necessary for the proper investigation of the offence concerned, and | ||
(ii) shall be attached to and form part of the custody record (within the meaning of the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 ( S.I. No. 119 of 1987 )) in respect of the person concerned. | ||
(g) (i) A member of the Garda Síochána not below the rank of chief superintendent may apply to a judge of the Circuit Court or District Court for a warrant authorising the detention of a person detained pursuant to a direction under paragraph (c) for a further period not exceeding 72 hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned. | ||
(ii) On an application pursuant to subparagraph (i) the judge concerned shall issue a warrant authorising the detention of the person to whom the application relates for a further period not exceeding 72 hours if, but only if, the judge is satisfied that such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously. | ||
(h) (i) A member of the Garda Síochána not below the rank of chief superintendent may apply to a judge of the Circuit Court or District Court for a warrant authorising the detention of a person detained under a warrant issued pursuant to paragraph (g)(ii) for a further period not exceeding 48 hours, if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned. | ||
(ii) On an application pursuant to subparagraph (i) the judge concerned shall issue a warrant authorising the detention of the person to whom the application relates for a further period not exceeding 48 hours if, but only if, the judge is satisfied that such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously. | ||
(4) On an application pursuant to subsection (3) the person to whom the application relates shall be produced before the judge concerned and the judge shall hear any submissions made and consider any evidence adduced by or on behalf of the person and the member of the Garda Síochána making the application. | ||
(5) When issuing a warrant pursuant to subsection (3) the judge concerned may order that the person concerned be brought before a judge of the Circuit Court or District Court at a specified time or times during the period of detention specified in the warrant and if, upon the person’s being so brought before such a judge, he or she is not satisfied that the person’s detention is justified, the judge shall revoke the warrant and order the immediate release from custody of the person. | ||
(6) If at any time during the detention of a person pursuant to this section there are no longer reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence to which the detention relates, he or she shall, subject to subsection (7), be released from custody forthwith unless he or she is charged or caused to be charged with an offence and is brought before a court as soon as may be in connection with such charge or his or her detention is authorised apart from this Act. | ||
(7) If at any time during the detention of a person pursuant to this section a member of the Garda Síochána, with reasonable cause, suspects that person of having committed an offence to which this section applies, other than the offence to which the detention relates and the member of the Garda Síochána then in charge of the Garda Síochána station has reasonable grounds for believing that the continued detention of the person is necessary for the proper investigation of that other offence, the person may continue to be detained in relation to the other offence as if that offence was the offence for which the person was originally detained. | ||
(8) A person shall not be detained pursuant to this section for more than 168 hours from the time of his or her arrest, not including any period which is to be excluded under subsection (8) or (8A) of section 4 of the Act of 1984 (as applied by section 52 ) in reckoning a period of detention. | ||
(9) Notwithstanding subsections (3) and (8), if— | ||
(a) an application is made under subsection (3) for a warrant authorising the detention for a further period of a person detained under that subsection, and | ||
(b) the period of detention pursuant to that subsection has not expired at the commencement of the hearing of the application but would, but for this paragraph, expire during the hearing, | ||
it shall be deemed not to expire until the determination of the application. | ||
(10) Nothing in this section shall affect the operation of section 30 of the Offences Against the State Act 1939 , section 4 of the Act of 1984 or section 2 of the Criminal Justice (Drug Trafficking) Act 1996 . |