Defence Forces (Temporary Provisions) (No. 2) Act, 1940

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Apprehension of suspected deserters and absentees.

54.—(1) Where an officer or a soldier or a member of the Gárda Síochána has reasonable grounds for suspecting that any person is a deserter or absentee without leave from the Defence Forces, he may, without warrant, arrest such person and bring him to a Gárda Síochána station.

(2) Where—

(a) a person is brought to a Gárda Síochána station under sub-section (1) of this section, or

(b) a person surrenders himself to a member of the Gárda Síochána at a Gárda Síochána station and alleges that he is a deserter or absentee without leave from the Defence Forces,

such person shall be detained at such station and thereupon a Justice of the District Court or a Peace Commissioner shall, as soon as may be, inquire into the case and if it appears to him that such person is a deserter or absentee without leave from the Defence Forces, he shall cause such person to be delivered into military custody, but otherwise shall direct the release of such person.