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Chapter XII.
Apprehension of Suspected Deserters and Absentees.
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Apprehension of suspected deserters and absentees.
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251.—(1) Where an officer or man or a member of the Garda Síochána has reasonable grounds for suspecting that any person is a deserter or an absentee, he may without warrant arrest such person and thereupon the following provisions shall have effect, that is to say:—
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(a) such person (in this subsection referred to as the arrested person) may demand that an inquiry into his arrest be made under the next following paragraph, and the person making the arrest shall inform the arrested person of his right under this paragraph;
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(b) if the arrested person so demands, then—
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(i) the arrested person shall be brought before a Justice of the District Court or a Peace Commissioner and may in the meantime be detained in any Garda Síochána station;
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(ii) the Justice of the District Court or the Peace Commissioner before whom the arrested person is brought shall inquire into the arrest, and
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(I) if satisfied that the arrested person is a deserter or an absentee, shall forthwith cause the arrested person to be delivered into service custody or, until he can be so delivered, to be committed to some prison or Garda Síochána station for such time as appears to him reasonably necessary for the taking of steps to receive the arrested person into service custody,
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(II) if not so satisfied, shall order the release of the arrested person;
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(iii) the Justice of the District Court or Peace Commissioner before whom the arrested person is brought may from time to time adjourn the inquiry, and, if he so does, shall order that the arrested person be detained, during any such adjournment, in a prison or a Garda Síochána station;
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(c) if the arrested person does not so demand, the person making the arrest may deliver him into service custody and pending such delivery the arrested person may, on the requisition in writing of the person making the arrest, be detained in any prison or Garda Síochána station.
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(2) Where a person surrenders himself to an officer or man or a member of the Garda Síochána and alleges that he is a deserter or an absentee, such officer, man or member of the Garda Síochána may deliver such person into service custody and pending such delivery such person may, on the requisition in writing of such officer, man or member of the Garda Síochána, be detained in any prison or Garda Síochána station.
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