Criminal Justice (Public Order) Act 1994

F3 [ Extension of custody of intoxicated person by An Garda S í och á na for reasons of safety

4A

4A. (1) (a) Where a person

(i) is in custody in a Garda S í och á na station having been arrested under section 24 or for the offence at common law of breach of the peace, and

(ii) is, but for this section, to be released from custody,

he or she may, if the member of the Garda S í och á na for the time being in charge of the Garda S í och á na station is of opinion that the person is intoxicated to such an extent as would give rise to a reasonable apprehension that the person might endanger himself or herself or other persons, be detained in custody for such period, not exceeding 6 hours from the time of his or her arrest, as the member of the Garda S í och á na so in charge remains of that opinion.

(2) Where the member of the Garda S í och á na for the time being in charge of the Garda S í och á na station is of opinion that the person detained under subsection (1) is under the age of 18 years, the member shall, upon the attendance at the station of a parent or guardian of the person or of a person reasonably named by the person so detained, release the person into the custody of the parent or guardian or the person reasonably named, unless the member is of opinion that the person continues to be intoxicated to such an extent that, if so released, he or she will continue to give rise to a reasonable apprehension that he or she might endanger himself or herself or other persons.

(3) Nothing in this section shall affect the operation of section 15 of the Criminal Justice Act 1951 (Proceedings on arrest) or section 53 of the Children Act 2001 (Duty of Garda S í och á na in relation to certain under-age children).

(4) In this section intoxicated has the same meaning as it has in section 4 . ]

Annotations:

Amendments:

F3

Inserted (14.08.2017) by Criminal Justice Act 2017 (14/2017), s. 3, S.I. No. 359 of 2017.

Editorial Notes:

E4

The section heading is taken from the content of the section in the absence of one included in the amendment.