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Amendment of section 6A of Act of 1984
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102. Section 6A of the Act of 1984 is amended—
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(a) by the substitution of the following subsection for subsection (1):
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“(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—
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(a) a person is detained under section 4, and
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(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,
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use such force as is reasonably considered necessary—
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(i) to take the photograph or fingerprints and palm prints, or
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(ii) to prevent them from being lost, damaged or otherwise being made imperfect,
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or both.”,
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(b) in subsection (3), by the substitution of “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” for “Where a member of the Garda Síochána intends to exercise a power conferred by subsection (1), he or she shall inform the person”,
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(c) in subsection (4), by the substitution of “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) ” for “a member of the Garda Síochána not below the rank of inspector”, and
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(d) in subsection (5), by the substitution of “recorded by electronic or similar means” for “video-recorded”.
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