Criminal Procedure Act 1967

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

[1951, s. 14].

31

31. F73 [ (1) Whenever a person is brought in custody to a Garda S í och á na station by a member of the Garda S í och á na, the sergeant or other member in charge of the station may, if he considers it prudent to do so and no warrant directing the detention of that person is in force, release him on bail and for that purpose take from him a recognisance, with or without sureties, for his due appearance

( a ) before the District Court at the next sitting thereof in the District Court Area in which that person has been arrested or at any subsequent sitting thereof in that District Court Area during the period of thirty days immediately following such next sitting, or

( b ) in the case of the District Court in the Dublin Metropolitan District, before the next sitting of that Court or at any subsequent sitting thereof during the period of thirty days immediately following such next sitting. ]

(2) The recognisance may be estreated in the like manner as a recognisance entered into before a justice is estreated.

F74 [ (3) If the recognisance is conditioned for the payment of a sum of money, that sum may be accepted in lieu of a surety or sureties. ]

F75 [ (3A) Any recognisance taken under this section, or any sum of money accepted under this section in lieu of a surety or sureties, shall be given, by the member of the Garda S í och á na taking the said recognisance or receiving the said sum of money, to the District Court clerk for the District Court Area in which the sitting of the Court to which the person has been remanded is situated. ]

(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.

F76 [ (5) The provisions of this section are without prejudice to the provisions of section 94 of the Children Act, 1908. ]

Annotations:

Amendments:

F73

Substituted (4.04.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4/1997), s. 3(a), commenced as per s. 21.

F74

Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 20, S.I. No. 236 of 2007.

F75

Inserted (4.04.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4/1997), s. 3(c), commenced as per s. 21.

F76

Inserted (4.04.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4/1997), s. 3(d), commenced as per s. 21.

Modifications (not altering text):

C31

Application of section extended under certain conditions by Criminal Justice (Public Order) Act 1994 (2/1994), s. 23B(2) as inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 184, S.I. No. 390 of 2006.

Fixed charge offences.

23B.— ...

(2) Where—

(a) a person to whom this section applies is arrested and brought to a Garda Síochána station, and

(b) he or she is a person whom the member of the Garda Síochána in charge of the station is authorised by section 31 of the Criminal Procedure Act 1967 to release on bail,

the member may, instead of releasing the person on bail, release him or her unconditionally after serving on the person personally a notice in the prescribed form stating the matters specified in section 23A(5) or causing it to be so served.

...

C32

Application of section to children excluded (1.05.2002) by Children Act 2001 (24/2001), ss. 68 and 254(3), S.I. No. 151 of 2002.

Release on bail by member of Garda Síochána.

68.— ...

(7) Section 31 (which deals with release on bail by members of the Garda Síochána) of the Criminal Procedure Act, 1967, shall cease to have effect in relation to a child.

...

Powers of arrest without warrant, etc.

254.— ...

(3) Section 68 (which empowers members of the Garda Síochána to release a child on bail in certain cases) shall apply to a child arrested under this section and section 31 of the Act of 1967 shall apply to an adult so arrested.

...

Editorial Notes:

E27

Previous affecting provision: the second sentence of subs. (3) was deleted (4.04.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4/1997), s. 3(b), commenced as per s. 21; substituted as per F-note above.