LegalizeEMERGENCY POWERS ACT, 1976
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
AN ACT FOR THE PURPOSE OF SECURING THE PUBLIC SAFETY AND THE PRESERVATION OF THE STATE IN TIME OF AN ARMED CONFLICT IN RESPECT OF WHICH EACH OF THE HOUSES OF THE OIREACHTAS HAS ADOPTED A RESOLUTION ON THE FIRST DAY OF SEPTEMBER, 1976, PURSUANT TO SUBSECTION 3° OF SECTION 3 OF ARTICLE 28 OF THE CONSTITUTION. [16th October, 1976]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
1 Duration of section 2.
1.—(1) Section 2 of this Act shall remain in force only until the expiry of the period of twelve months beginning with the passing of this Act, unless it is continued in force or is again brought into force by an order under this section.
- (2) The Government may by order provide :—
- (a) at any time when section 2 of this Act is in force, that that section shall continue in force for a period not exceeding twelve months from the commencement of the order,
- (b) at any time when section 2 of this Act is in force, that that section shall cease to be in force on and from a date specified in the order, or
- (c) at any time when section 2 of this Act is not in force, that that section shall come into force again and remain in force for a period not exceeding twelve months from the commencement of the order.
- (3) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
2 Arrest, custody and questioning of persons suspected of certain offences.
2.—(1) A member of the Garda Síochána (on production of his identification card, if demanded, where he is not in uniform) may without warrant stop, search, question and arrest any person, or do any one or more of those things in respect of any person, if he suspects with reasonable cause that that person has committed, is committing or is about to commit an offence under the Offences against the State Act, 1939, or an offence which is for the time being a scheduled offence for the purposes of Part V of that Act, or if he suspects with reasonable cause that that person is carrying any document or other article or thing, or is in possession of information, relating to the commission or intended commission of the offence.
- (2) A member of the Garda Síochána (on production of his identification card, if demanded, where he is not in uniform) may, for the purpose of the exercise of any of the powers conferred by subsection (1) of this section, stop and search any vehicle or vessel which he suspects with reasonable cause to contain a person whom he is empowered by that subsection to arrest without warrant.
- (3) Whenever a person is arrested under this section, he may be removed to and kept in custody in a Garda station, prison, or other convenient place for a period of 48 hours from the time of his arrest and may, if a member of the Garda Síochána not below the rank of chief superintendent so directs, be kept in such custody for a further period not exceeding five days.
- (4) A person in custody under subsection (3) of this section may, at any time during such custody, be charged before the District Court or a special court established under Article 38.3.1° of the Constitution with an offence or be released by direction of a member of the Garda Síochána not below the rank of superintendent, and shall, if not so charged or released, be released at the expiration of the custody.
- (5) The powers conferred by section 30 of the Offences against the State Act, 1939, shall not be exercisable during a period when this section is in force.
3 Expiry of Act.
3.—Notwithstanding any other provision of this Act, whenever each of the Houses of the Oireachtas resolves that the national emergency resolved to exist by each such House on the first day of September, 1976, has ceased to exist, this Act shall, on and from the date of such first-mentioned resolution, expire.
4 Short title.
4.—This Act may be cited as the Emergency Powers Act, 1976.
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