Public Safety (Powers of Arrest and Detention) Temporary Act, 1924

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Number 1 of 1924.

PUBLIC SAFETY (POWERS OF ARREST AND DETENTION) TEMPORARY ACT, 1924.

ARRANGEMENT OF SECTIONS

SCHEDULE

Number 1 of 1924.

PUBLIC SAFETY (POWERS OF ARREST AND DETENTION) TEMPORARY ACT, 1924.

AN ACT TO MAKE PROVISION FOR THE ARREST AND DETENTION OF CERTAIN PERSONS DURING A LIMITED PERIOD AND FOR OTHER MATTERS CONNECTED WITH THE PRESERVATION OF PUBLIC SAFETY AND THE PROTECTION OF PERSON AND PROPERTY. [31st January, 1924.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTAT EIREANN AS FOLLOWS:—

Executive Minister may cause arrest and detention of certain persons.

1.—It shall be lawful for an Executive Minister to cause the arrest and, subject to the provisions of this Act, to order the detention in custody in any place in Saorstát Eireann of any person in respect of whom such Minister shall certify in writing that he is satisfied that there is reasonable ground for suspecting such person of being or having been engaged or concerned in the commission of any of the offences mentioned in the schedule to this Act.

Responsible officer may arrest certain persons.

2.—(1) It shall be lawful for a responsible officer to arrest and to detain in custody for any period not exceeding one week any person found committing or attempting to commit or whom such officer suspects of having committed any of the offences mentioned in the schedule to this Act, and for the purpose of effecting any such arrest to enter on and search any premises in which any such person is known or reasonably believed to be.

(2) It shall be lawful for an Executive Minister subject to the provisions of this Act to order the detention in custody in any place in Saorstát Eireann of any person arrested under this section in respect of whom such Minister certifies in writing that he is satisfied that there is reasonable ground for suspecting such person of being or having been engaged or concerned in the commission of any of the offences mentioned in the schedule to this Act.

(3) Whenever any person is arrested under this section such person shall, not later than one week after his arrest unless an order for his detention is made by an Executive Minister under this section, either be released, or be charged with one or more of the offences mentioned in the schedule to this Act or with any other offence or offences and dealt with according to law, and shall for that purpose, if in military custody, be delivered into civil custody.

Entry of dwelling house to make arrest.

3.—In any case where a responsible officer of the Military Forces of Saorstát Eireann has reasonable ground for anticipating that it will be necessary to enter a dwelling-house for the purpose of effecting an arrest, to be made by him under this Act, it shall be the duty of such officer, wherever reasonably practicable, to arrange that an officer of the Dublin Metropolitan Police or the Gárda Síochána is present at such entry, and the Minister for Defence and the Minister for Home Affairs shall make such arrangements as may be necessary or desirable for this purpose.

Detention of persons now in military custody.

4.—Every person who is now detained in military custody or held as a military prisoner or captive and has not before the passing of this Act been sentenced to a term of imprisonment or penal servitude by any tribunal established by the military authorities, may be detained in custody under this Act under an order of an Executive Minister if such Minister is of opinion that the public safety would be endangered by such person being set at liberty.

Appeal Councils.

5.—(1) All existing Appeal Councils established under section 4 of the Public Safety (Emergency Powers) Act, 1923 (No. 28 of 1923) shall be continued for the purposes of this section, and such additional Appeal Councils as shall be necessary for the said purposes shall be established by an Executive Minister.

(2) Every Appeal Council continued or established under this section shall consist of not less than three members of whom one shall be a practising barrister or solicitor of not less than five years' standing or shall be or have been a judge of the Supreme Court of Judicature in Ireland, or a Recorder or County Court judge in Ireland, or a judge of the Dáil Supreme Court as defined in the Dáil Eireann Courts (Winding-Up) Act, 1923 (No. 36 of 1923), or a judge of the Supreme Court, High Court or Circuit Court.

(3) There may be paid out of moneys to be provided by the Oireachtas, to any member of an Appeal Council who is not in receipt of remuneration out of public funds such fees or remuneration as the Minister for Finance may determine.

(4) Any person detained in custody under this Act, whether under an order of an Executive Minister or by the military authorities, may in the prescribed manner request that an enquiry into the matter of his detention be made by an Appeal Council, and such Council shall thereupon with all convenient speed inquire in the prescribed manner into the case of such person and shall report in the prescribed form to such Executive Minister the result of such inquiry.

(5) At any inquiry under this section the Appeal Council shall be furnished with the reports or certificates in virtue of which the person whose case is being inquired into is being detained.

(6) When such an Executive Minister shall receive a report from an Appeal Council that there are no reasonable grounds for suspecting the person interned of having committed or being engaged or concerned in the commission of any of the offences mentioned in the schedule to this Act he shall, within fourteen days from the receipt of the report, order his release unless—

(a) he shall refer back the report to the Appeal Council for the consideration of further evidence, or

(b) the person be charged with any offence punishable by imprisonment.

(7) No person serving a sentence of imprisonment or penal servitude imposed by a tribunal established by the military authorities shall be entitled to appeal to an Appeal Council under this section,

(8) An Executive Minister shall make regulations for the execution by Appeal Councils of the functions imposed on them by this section, and may for that purpose by order continue in force any existing regulations made under section 4 of the Public Safety (Emergency Powers) Act, 1923 .

(9) All regulations made or continued under this section shall be laid before each House of the Oireachtas as soon as may be after they are made, and if either House of the Oireachtas shall pass a resolution annulling the regulations the regulations shall be annulled accordingly, but without prejudice to the validity of anything already done under them.

(10) In this section the word “prescribed” means prescribed by regulations made or continued under this section.

Recognizances may be taken from persons released.

6.—(1) Whenever an Executive Minister shall propose to release any person arrested or detained under this Act the Minister may require as a condition of such release that such person should enter into a recognizance with two solvent sureties before a District Justice in such amount as may be approved by the Minister, the condition of such recognizance being that the person aforesaid shall be of good behaviour and keep the peace for such period not exceeding three years as shall be fixed by the Minister aforesaid.

(2) The several enactments regulating the taking before a Divisional Magistrate of the City of Dublin of recognizances to be of good behaviour and to keep the peace and regulating the form and the mode of enforcing and estreating such recognizances shall apply to every recognizance entered into under this section before a Divisional Magistrate aforesaid and the provisions of section 34 of the Petty Sessions (Ireland) Act, 1851 , and section 10 of the Fines Act (Ireland), 1851 , as amended by the Summary Jurisdiction (Ireland) Act, 1918, in relation to recognizances to be of good behaviour and to keep the peace shall apply to every recognizance entered into under this section before a District Justice outside the Police District of the Dublin Metropolis.

Executive Minister may make regulations.

7.—(1) An Executive Minister may make regulations—

(a) prescribing the prisons, internment camps and other places in which persons detained in custody under this Act may be detained;

(b) providing for the efficient management, sanitation, control and guarding of such prisons, camps and other places;

(c) providing for the enforcement and preservation of discipline amongst the persons so detained;

(d) providing for the medical, surgical, and nursing care of the persons so detained;

(e) providing for the inspection of such prisons, camps and other places and the visiting of persons detained therein by responsible persons to be appointed by the Minister who shall discharge the functions aforesaid without remuneration;

(f) providing for the prevention of the escape of any such persons and authorizing the making of all searches and inquiries reasonably necessary for that purpose;

(g) prescribing or providing for any other matter or thing relating to the efficient detention of such persons under this Act.

(2) All existing regulations made under section 13 of the Public Safety (Emergency Powers) Act, 1923 (No. 28 of 1923), shall, in so far as they are not inconsistent with the powers conferred by the foregoing sub-section, continue in force to the same extent and with the same effect as if they had been made under this Act.

Preservation of powers of the military forces.

8.—Nothing in this Act shall be deemed to revoke, annul, derogate from or prejudice the exercise by the military forces of Saorstát Eireann of any of the powers or authorities exercisable by them by virtue of military necessity arising in the course of the performance of their duty to suppress rebellion.

Definitions.

9.—In this Act,

the expression “responsible officer” means an officer of a police force established by or under the control of the Minister for Home Affairs not below the rank of superintendent or any member of a police force particularly authorised by him or an officer of the military forces of Saorstát Eireann not being below the rank of commandant who may be specifically empowered in any particular case by the Minister for Defence to delegate his powers under this Act to any member of the military forces of Saorstát Eireann not below the rank of sergeant save and except in such cases where a military force has been detailed by the order of a person so empowered to arrest any person or persons in which case every member of such force shall be deemed to possess the powers granted by this Act;

the expression “District Justice” includes a Divisional Magistrate of the City of Dublin;

the expression “Executive Minister” means a Minister who is a member of the Executive Council.

Short title, commencement and duration.

10.—(1) This Act may be cited as the Public Safety (Powers of Arrest and Detention) Temporary Act, 1924.

(2) This Act shall come into force on the 1st day of February, 1924, and shall continue in force for one year from that date and shall then expire.

SCHEDULE.

1. Inciting persons to engage in an attempt to overthrow by violence the established form of Government of Saorstát Eireann or organising or otherwise assisting or encouraging any such attempt.

2. Unlawfully inducing or attempting to induce any officer of the Government of Saorstát Eireann to refuse, neglect or omit to discharge his duty as such officer.

3. Having possession without lawful authority of—

(a) any lethal firearm or other weapon of any description from which any shot, bullet or other missile can be discharged; or

(b) any ammunition for any such firearm or weapon; or

(c) any grenade, bomb or other similar missile, whether capable of being used with any such firearm or weapon or not; or

(d) any land mine or other similar explosive machine; or

(e) any dynamite, gelignite or other explosive substance; or

(f) any component part or ingredient of any such article or substance aforesaid.

4. Having possession without lawful authority of any article of clothing, equipment or accoutrement or any arms or ammunition belonging or issued to any member of the military or police forces of Saorstát Eireann.

5. Putting on or assuming without authority the uniform or any part of the uniform of any branch of the military or police forces of Saorstát Eireann.

6. Assuming the name, designation or description of any rank, or of any member, of the military or police forces of Saorstát Eireann for the purpose of doing or procuring to be done any act which the person assuming such name, designation or description would not by law be entitled to do or procure to be done of his own authority.

7. Wrongful entry on and retention of possession of land without colour or pretence of title or authority.

8. Robbery under arms; that is to say, robbing or attempting to rob while armed with any offensive or apparently offensive weapon or instrument.

9. Arson; that is to say, unlawfully setting fire or attempting to set fire to any house, factory, barn, haggard, workshop, or other building, or any agricultural property, food supplies for man or beast, or any other property of any nature or kind, movable or immovable, public or private, including standing trees and crops.

10. Unlawfully injuring or destroying or attempting to injure or destroy any house, factory, barn, haggard, workshop, or other building, or any agricultural property, food supplies for man or beast, or any other property of any nature or kind, movable or immovable, public or private, including standing trees and crops.

11. Unlawfully interfering with or preventing the lawful occupation, use or enjoyment of any land or premises.

12. Obstructing or attempting to obstruct the administration of justice.

13. Knowingly aiding, abetting, assisting in, or encouraging the commission of, or conspiring to commit, any of the offences mentioned in this schedule, or helping in the concealment or escape of any person guilty of any such offence.