Defence Act 1954

Chapter XII.

Apprehension of Suspected Deserters and Absentees.

Apprehension of suspected deserters and absentees.

251

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:—

( 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;

( b) if the arrested person so demands, then—

(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;

(ii) the Justice of the District Court or the Peace Commissioner before whom the arrested person is brought shall inquire into the arrest, and

(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,

(II) if not so satisfied, shall order the release of the arrested person;

(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;

( 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.

(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.

Annotations:

Modifications (not altering text):

C57

Application of section exempted from application of Children Act 2001 (1.05.2002) by Children Act 2001 (24/2001), s. 68(6), S.I. No. 151 of 2002.

Release on bail by member of Garda Síochána.

68.— ...

(6) This section does not apply in the case of an arrest of a child under section 251 (which deals with the arrest of suspected deserters and absentees) of the Defence Act, 1954.

...

C58

Application of section exempted from application of Bail Act 1997 (15.05.2000) by Bail Act 1997 (16/1997), s. 8(4), S.I. No. 118 of 2000.

Endorsement on warrants as to release on bail.

8.— ...

(4) This section shall not apply to a person arrested under section 251 of the Defence Act, 1954, on suspicion of his or her being a deserter or an absentee without leave from the Defence Forces.

C59

Application of section exempted from application of District Court Rules 1997 (1.05.1997) by District Court Rules 1997 (S.I. No. 93 of 1997), o. 17, rl, 4(4), S.I. No. 118 of 2000.

ORDER 17 PROCEDURE ON ARREST

4. ...

(4) This rule does not apply to a person arrested under section 251 of the Defence Act, 1954, on suspicion of being a deserter or an absentee without leave from the Defence Forces.

...

C60

Application of section exempted from application of Criminal Procedure Act 1967 (1.08.1967) by Criminal Procedure Act 1967 (12/1967), s. 31(4), S.I. No. 182 of 1967.

Release on bail in certain cases by members of Garda Síochána.

31.— ...

(4) This section does not apply to a person arrested under section 251 of the Defence Act, 1954, on suspicion of being a deserter or an absentee without leave from the Defence Forces.