Criminal Justice Act, 1984

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Detention of Arrested Persons in Garda Síochána Custody in Certain Circumstances

Detention after arrest.

4.—(1) This section applies to any offence for which a person of full age and capacity and not previously convicted may, under or by virtue of any enactment, be punished by imprisonment for a term of five years or by a more severe penalty and to an attempt to commit any such offence.

(2) Where a member of the Garda Síochána arrests without warrant a person whom he, with reasonable cause, suspects of having committed an offence to which this section applies, that person may be taken to and detained in a Garda Síochána station for such period as is authorised by this section if the member of the Garda Síochána in charge of the station to which he is taken on arrest has at the time of that person's arrival at the station reasonable grounds for believing that his detention is necessary for the proper investigation of the offence.

(3) (a) The period for which a person so arrested may be detained shall, subject to the provisions of this section, not exceed six hours from the time of his arrest.

(b) An officer 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 six hours if he has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence.

(c) A direction under paragraph (b) may be given orally or in writing and if given orally shall be recorded in writing as soon as practicable.

(4) If at any time during the detention of a person pursuant to this section there are no longer reasonable grounds for suspecting that he has committed an offence to which this section applies, he shall be released from custody forthwith unless his detention is authorised apart from this Act.

(5) Where a member of the Garda Síochána has enough evidence to prefer a charge for an offence against a person detained in a Garda Síochána station pursuant to this section, he shall without delay charge that person or cause him to be charged unless that person is, with reasonable cause, suspected of another offence to which this section applies and the member of the Garda Síochána then in charge of the station has reasonable grounds for believing that the continuance of his detention pursuant to this section is necessary for the proper investigation of that offence.

(6) (a) If a person is being detained pursuant to this section in a Garda Síochána station between midnight and 8 a.m. and the member in charge of the station is of opinion that any questioning of that person for the purpose of the investigation should be suspended in order to afford him reasonable time to rest, and that person consents in writing to such suspension, the member may give him a notice in writing (which shall specify the time at which it is given) that the investigation (so far as it involves questioning of him) is suspended until such time as is specified in the notice and shall ask him to sign the notice as an acknowledgement that he has received it; and, if the notice is given, the period between the giving thereof and the time specified therein (not being a time later than 8 a.m.) shall be excluded in reckoning a period of detention permitted by this section and the powers conferred by section 6 shall not be exercised during the period so excluded:

Provided that not more than one notice under this paragraph shall be given to a person during any period between midnight and 8 a.m.

(b) A notice under paragraph (a) may, for serious reasons, be withdrawn by a subsequent notice given in like manner, and in that event any time subsequent to the giving of the second notice shall not be excluded under that paragraph.

(c) A member of the Garda Síochána when giving a notice to any person under paragraph (a) or (b) shall explain to him orally the effect of the notice.

(d) The following particulars shall be entered in the records of the Garda Síochána station without delay—

(i) the time of the giving of a notice under paragraph (a) and the time specified therein as the time up to which the questioning is being suspended,

(ii) whether the person being detained acknowledged that he received the notice, and

(iii) the time of the giving of any notice under paragraph (b).

(e) Records kept in pursuance of paragraph (d) shall be preserved for at least twelve months and, if any proceedings are taken against the person in question for the offence in respect of which he was detained, until the conclusion of the proceedings (including any appeal or retrial).

(7) (a) Subject to paragraph (b), subsection (2) shall not apply to a person below the age of twelve years.

(b) If the member in charge of the Garda Síochána station in which a person is detained has reasonable grounds for believing that the person is not below the age of twelve years the subsection shall apply to him as if he were of that age, provided that, where such member ascertains or has reasonable grounds for believing that the person is below that age, he shall be released from custody forthwith unless his detention is authorised apart from this Act.

(8) Where it appears to a member of the Garda Síochána that a person arrested in the circumstances mentioned in subsection (2) is in need of medical attention, or where during his detention it comes to notice that he is in need of such attention, and he is taken for that purpose to a hospital or other suitable place, the time before his arrival at the station or the time during which he is absent from the station, as the case may be, shall be excluded in reckoning a period of detention permitted by this section.

(9) To avoid doubt, it is hereby declared that a person who is being detained pursuant to subsection (2) in connection with an offence shall in no case be held in detention (whether for the investigation of that or any other offence) for longer than twelve hours from the time of his arrest, not including any period which is to be excluded under subsection (6) or (8) in reckoning a period of detention.

(10) Nothing in this section shall affect the operation of section 30 of the Act of 1939.

(11) The powers conferred by this section are without prejudice to any powers exercisable by a member of the Garda Síochána in relation to offences other than offences to which this section applies.