Domestic Violence Act 1996

Arrest without warrant.

18

18. (1) ( a) Where a member of the Garda Síochána has reasonable cause for believing that, in respect of an order under this Act, an offence is being or has been committed under section 17 the member may, on complaint being made to him or her by or on behalf of the person who was the applicant to which the order relates, arrest the respondent concerned without warrant.

( b) For the purpose of arresting a respondent under paragraph (a), a member of the Garda Síochána may enter, if need be by force, and search any place where the member, with reasonable cause, suspects the respondent to be.

(2) Where a member of the Garda Síochána has reasonable cause for believing that a person (in this section referred to as “ the first-mentioned person”) is committing or has committed—

( a) an assault occasioning actual bodily harm, or

( b) an offence under section 20 (which relates to unlawfully and maliciously wounding or inflicting any grievous bodily harm) of the Offences against the Person Act, 1861,

against a person (in this section referred to as “ the second-mentioned person”) in circumstances which in the opinion of the member could give rise to the second-mentioned person applying for, or on whose behalf another person could in accordance with this Act apply for, a safety order or a barring order, then the member may—

(i) arrest the first-mentioned person without warrant, and

(ii) for the purpose of making such an arrest, enter, if need be by force, and search any place where the member, with reasonable cause, suspects the first-mentioned person to be.

Annotations:

Editorial Notes:

E14

Offences Against the Person Act 1861, s. 20 repealed (19.08.1997) by Non-Fatal Offences Against the Person Act 1997 (26/1997), s. 31 and sch., commenced as per s. 32(2). The offences under ss. 2, 3 and 4 of the 1997 Act are similar to those under s. 20.