4.—F6[(1) Where a person arrested on suspicion of having committed an offence is detained pursuant to section 2 and is released without any charge having been made against him or her, he or she shall not—

(a) be arrested again in connection with the offence to which the detention related, or

(b) be arrested for any other offence of which, at the time of the first arrest, the member of the Garda Síochána by whom he or she was arrested suspected, or ought reasonably to have suspected, him or her of having committed, except on the authority of a warrant issued by a judge of the Circuit Court or the District Court who is satisfied on information supplied on oath by a member of the Garda Síochána not below the rank of superintendent that either of the following cases apply, namely—

(i) further information has come to the knowledge of the Garda Síochána since the person’s release as to the person’s suspected participation in the offence for which his or her arrest is sought,

(ii) notwithstanding that the Garda Síochána had knowledge, prior to his or her release, of the person’s suspected participation in the offence for which his or her arrest is sought, the questioning of the person in relation to that offence, prior to his or her release, would not have been in the interests of the proper investigation of the offence.

(1A) An application for a warrant under this section shall be heard otherwise than in public.]

(2) When issuing a warrant under subsection (1), the judge concerned may order that the person concerned be brought before a judge of the Circuit Court or a judge of the District Court on arrest or at any specified time or times during the period of detention authorised by section 2 as applied by subsection (3) and if, upon the person's being so brought before such a judge, he or she is not satisfied that the person's detention is justified, the judge shall revoke the warrant and order the immediate release from custody of the person.

(3) Section 2 shall apply to a person arrested in connection with an offence to which that section relates under a warrant issued pursuant to subsection (1), as it applies to a person to whom that section applies, with the following and any other necessary modifications:

F7[(a) the substitution for paragraph (a) in subsection (1) of the following paragraph:

"(a) Where a member of the Garda Síochána arrests a person (an “arrested person”) under a warrant issued pursuant to section 4(1), the arrested person may be taken to and detained in a Garda Síochána station for a period or periods authorised by subsection (2) if the member of the Garda Síochána in charge of the station to which the arrested person is taken on arrest has at the time of the arrested person's arrival at the station reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence.".]

(F8[b]) the substitution for paragraphs (c) and (d) in subsection (2) of the following paragraphs:

(F8[c]) An officer of the Garda Síochána not below the rank of chief superintendent may apply to a judge of the Circuit Court or a judge of the District Court for a warrant authorising the detention of a person detained under paragraph (b) for a further period not exceeding 24 hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.

(d) On an application under paragraph (c) the judge concerned shall issue a warrant authorising the detention of the person to whom the application relates for a further period not exceeding 24 hours if, but only if, the judge is satisfied that such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously.”,

and

(b) the substitution in paragraph (g) (i) of subsection (2) for “pursuant to a direction under paragraph (c)” of “under a warrant issued pursuant to paragraph (d)”.

(4) A person arrested in connection with an offence other than one to which section 2 relates, under a warrant issued pursuant to subsection (1), shall, subject to subsection (2), be dealt with under section 4 of the Act of 1984 in like manner as a person arrested without warrant to whom the said section 4 applies.

(5) Notwithstanding subsection (1), a person to whom that subsection relates may be arrested for any offence for the purpose of charging him or her with that offence forthwith.

(6) Where a person who has been arrested under section 30 of the Act of 1939 or detained under section 4 of the Act of 1984 in connection with an offence is released without any charge having been made against him or her, he or she shall not be detained pursuant to section 2—

(a) in connection with the first-mentioned offence, or

(b) in connection with an offence to which section 2 relates which, at the time of the first arrest, the member of the Garda Síochána by whom he or she was arrested suspected, or ought reasonably to have suspected, him or her of having committed.