|
|
Amendment of Act of 1984.
|
48.— The Act of 1984 is amended—
|
|
| |
(a) in section 6—
|
|
| |
(i) by the insertion of the following subsection after subsection (1):
|
|
| |
“(1A) Where photographs or fingerprints and palm prints, taken pursuant to subsection (1), are lost or damaged or are otherwise imperfect, they may be taken on a second or further occasion.”,
|
|
| |
and
|
|
| |
(ii) by the substitution of the following subsection for subsection (2):
|
|
| |
“(2) The powers conferred by subsections (1)(c), (1)(d) or (1A) shall not be exercised except on the authority of a member of the Garda Síochána not below the rank of inspector.”,
|
|
| |
and
|
|
| |
(b) by the insertion of the following section after section 6:
|
|
| |
“Use of reasonable force in certain circumstances.
|
|
| |
6A.— (1) Without prejudice to the generality of section 6, a member of the Garda Síochána may, where—
|
|
| |
(a) a person is detained under section 4, and
|
|
| |
(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,
|
|
| |
use such force as he or she reasonably considers to be necessary to take the photograph or fingerprints and palm prints.
|
|
| |
(2) (a) Such a power shall not be exercised except on the authority of a member of the Garda Síochána not below the rank of superintendent.
|
|
| |
(b) An authorisation pursuant to paragraph (a) may be given orally or in writing and if given orally shall be confirmed in writing as soon as practicable.
|
|
| |
(3) Where a member of the Garda Síochána intends to exercise a power conferred by subsection (1), he or she shall inform the person—
|
|
| |
(a) of that intention, and
|
|
| |
(b) that an authorisation to do so has been given pursuant to subsection (2)(a).
|
|
| |
(4) Photographs or fingerprints and palm prints taken pursuant to this section shall be taken in the presence of a member of the Garda Síochána not below the rank of inspector.
|
|
| |
(5) The taking of such photographs and fingerprints and palm prints shall be video-recorded.”,
|
|
| |
and
|
|
| |
(c) in section 15(2), by the substitution of “€5,000” for “€2,500”.
|
