Criminal Justice Act , 1984

1. Commencement.

1.—(1)This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister for Justice either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.

(2)An order shall not be made under subsection (1) in respect of any of the following sections namely, sections 4 to 6, 8 to 10, 15, 16, 18 and 19 until provisions relating to the investigation of complaints from the public against F1[members (within the meaning of the Garda Síochána (Complaints) Act, 1986)] and the adjudication by a body other than the Garda Síochána of such complaints have been enacted by the Oireachtas and have come into operation and until regulations under section 7 have been made.

(3)Sections 12 and 14 shall not apply in relation to offences committed before the commencement of the section concerned.

2. Duration of certain sections.

2.—Each of the following sections, namely, sections 4 to 6, 8 to 10, 15, 16, 18 and 19 shall cease to be in operation at the expiry of four years from the commencement of that section unless a resolution has been passed by each House of the Oireachtas resolving that that section should continue in operation.

3. Interpretation.

3.—(1)In this Act, except where the context otherwise requires—

“the Act of 1939” means the Offences against the State Act, 1939;

F2["Commissioner" means the Commissioner of the Garda Síochána;]

“imprisonment” includes penal servitude and detention in Saint Patrick’s Institution;

“place” includes any building or part of a building, vehicle, vessel, aircraft or hovercraft and any other place whatsoever.

F2["photograph" includes a negative or any other image howsoever produced of a photograph.]

(2)Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

(3)In this Act, a reference to a section is to a section of this Act and a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other enactment or provision, as may be appropriate, is intended.

4. 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, F3[under or by virtue of any enactment or the common law], 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.

F3[(2) (a) Where a member of the Garda Síochána arrests without warrant, whether in a Garda Síochána station or elsewhere, a person whom he or she, with reasonable cause, suspects of having committed an offence to which this section applies, the person—

(i) if not already in a Garda Síochána station, may be taken to and detained in a Garda Síochána station, or

(ii) if he or she is arrested in a Garda Síochána station, may be detained in the station,

for such period as is authorised by this section if the member of the Garda Síochána in charge of the station to which the person is taken on arrest or in which he or she is arrested has at the time of the person’s arrival at the station or his or her arrest in the station, as may be appropriate, reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence.

(b) Where a member of the Garda Síochána arrests a person pursuant to an authority of a judge of the District Court undersection 10(1), the 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 the person is taken on arrest has at the time of the person’s arrival at the station reasonable grounds for believing that his or her 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.

F4[(bb) A member of the Garda Síochána not below the rank of chief superintendent may direct that a person detained pursuant to a direction underparagraph (b)be detained for a further period not exceeding twelve hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.]

(c)A direction under F5[paragraph (b)or(bb)] may be given orally or in writing and if given orally shall be recorded in writing as soon as practicable.

F6[(3A) (a) Notwithstanding the generality ofsubsection (3), if a person is detained pursuant to this section in respect of a relevant offence, the member of the Garda Síochána in charge of the Garda Síochána station where the person is being detained may, at any time during the detention, where the member has reasonable grounds for believing that it is necessary for the purpose of permitting enquiries or investigations to be made for the further and proper investigation of the offence concerned, suspend the detention of the person.

(b) Where the member of the Garda Síochána in charge of the Garda Síochána station suspends a person’s detention under this subsection, the person shall, subject tosubsection (5A), be released from custody forthwith unless his or her detention is authorised apart from this Act.

(3B) (a) A person’s detention pursuant to this section in respect of a relevant offence may be suspended undersubsection (3A)on no more than 2 occasions.

(b) The total period of time for which a person’s detention may be suspended shall not in any case exceed a period of 4 months from the date on which the detention was first suspended.

(c) Subject toparagraph (d), a person whose detention is suspended undersubsection (3A)shall return to such Garda Síochána station at such date and time as is specified by notice in writing given to him or her undersubsection (3C)or at such other date and time or Garda Síochána station as may be notified to him or her in writing undersubsection (3D).

(d) Where, in the case of a person whose detention is suspended undersubsection (3A)—

(i) his or her detention is continued in respect of another offence, and

(ii) the total period of detention permissible undersubsection (9)is reached during that continuation of detention,

the member of the Garda Síochána in charge of the Garda Síochána station concerned shall give the person concerned notice in writing or cause him or her to be given notice in writing of that fact, and the notice undersubsection (3C)or(3D), as the case may be, shall be deemed to be withdrawn accordingly.

(3C) (a) Where a person’s detention is suspended undersubsection (3A), the member of the Garda Síochána in charge of the Garda Síochána station concerned shall give the person notice in writing or cause him or her to be given notice in writing—

(i) that his or her detention is being suspended,

(ii) of the Garda Síochána station and of the date and time on which he or she is required to return to such station for the continuation of the detention concerned, and

(iii) of the consequences undersections 4Aand4Bof failing to return in accordance withsubsection (3B).

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

(3D) (a) Subject tosubsection (3B)(b), a member of the Garda Síochána not below the rank of inspector may, in respect of a person whose detention has been suspended undersubsection (3A), issue a notice in writing to the person appointing a new date and time or a different Garda Síochána station for the person’s return for the continuation of the detention concerned where that member has reasonable grounds for believing that it is necessary for the proper investigation of the offence concerned to so change the return date and time or the Garda Síochána station, as the case may be.

(b) The person in respect of whom the notice underparagraph (a)is issued shall be given such notice of the new date and time or Garda Síochána station appointed under that paragraph as shall be prescribed in regulations made by the Minister undersection 4C.

(c) Only one notice underparagraph (a)may be issued to a person during each period of suspension, but nothing in this paragraph shall prejudice the exercise of the power to issue such notice in the circumstances referred to inparagraph (d).

(d) A member of the Garda Síochána not below the rank of inspector may—

(i) if a person whose detention is suspended undersubsection (3A)so requests, and

(ii) the member is satisfied that there is good and sufficient reason for doing so,

issue a notice underparagraph (a).

(3E)(a) Where a person returns in accordance withsubsection (3B)or is returned undersection 4Ato the Garda Síochána station—

(i) his or her detention shall be continued in accordance with this section for such period as is authorised by this section, and

(ii) the period of time commencing on his or her return to the Garda Síochána station for the continuation of the detention concerned shall be included in reckoning a period of detention permitted by this section.

(b) Where, however, the member of the Garda Síochána in charge of the Garda Síochána station concerned no longer has, at the time of the person’s return, reasonable grounds for believing that the person’s continued detention is necessary for the proper investigation of the offence, the person shall, subject tosubsection (5A), be released from custody forthwith unless his or her detention is otherwise authorised by law.

(3F) For the avoidance of doubt it is hereby declared that—

(a) where a person’s detention is suspended undersubsection (3A), the detention shall remain suspended until such time as it is continued undersubsection (3E)and, accordingly, the period of time during which the detention remains suspended shall be excluded in reckoning a period of detention permitted by this section,

(b) where a person whose detention is suspended undersubsection (3A)in respect of an offence, is subsequently arrested and detained ("subsequent arrest and detention") in respect of another offence, the subsequent arrest and detention shall not operate to affect the detention which was suspended and it shall remain suspended until such time as it is continued undersubsection (3E),

(c) subject tosubsection (9), where a person’s detention is suspended undersubsection (3A)in respect of an offence but his or her detention is continued undersubsection (5A)in respect of another offence, the continuation of the detention undersubsection (5A)shall not operate to affect the detention which was suspended in respect of the first mentioned offence and the detention shall in so far as it relates to the first mentioned offence remain suspended until such time as it is continued undersubsection (3E).]

(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.

F7[(5)If at any time during the detention of a person pursuant to this section there are no longer reasonable grounds for believing that his detention is necessary for the proper investigation of the offence to which the detention relates, he shall,F8[subject tosubsection (5A)], be released from custody forthwith unless he is charged or caused to be charged with an offence and is brought before a court as soon as may be in connection with such charge or his detention is authorised apart from this Act.

F9[(5A)]If at any time during the detention of a person pursuant to this section a member of the Garda Síochána, with reasonable cause, suspects that person of having committed an offence to which this section applies,F10[other than an offence to which the detention relates or an offence in respect of which the person’s detention has been suspended undersubsection (3A)], and the member of the Garda Síochána then in charge of the Garda Síochána station has reasonable grounds for believing that the continued detention of that person is necessary for the proper investigation of that other offence, the person may continue to be detained in relation to the other offence as if that offence was the offence for which the person was originally detained.]

(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.

F11[(8A)Where a person detained pursuant tosubsection (2)is taken to a court in connection with an application relating to the lawfulness of his detention, the time during which he is absent from the station for that purpose shall be excluded in reckoning a period of detention permitted by this section.]

F12[(8B) (a) Where a medical practitioner—

(i) has, at the request of a member of the Garda Síochána, assessed the condition of a person detained pursuant tosubsection (2), and

(ii) certifies that the person, although the person’s condition is not such as to require the person’s hospitalisation, is unfit for any questioning for the purpose of the investigation for a specified period,

no questioning of the person shall take place during that period and that period shall be excluded in reckoning a period of detention permitted by this section.

(b) The period that may be specified in a certificate provided underparagraph (a)by a medical practitioner shall not exceed 6 hours.

(c) A certificate may be provided underparagraph (a)on one occasion only in respect of the particular person detained pursuant tosubsection (2).]

(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) F5[for longer than twenty-four hours] from the time of his arrest, not including any period which is to be excluded under F13[subsection (3F)(a),(6),(8),(8A)or(8B)orsection 4Aor5A] 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.

F14[(12) In this section "relevant offence" has the meaning it has in the Criminal Justice Act 2011.]

4A. F16[Power to arrest and return person for purpose of continuation of detention.