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Criminal Law Act 1976
Power of Garda Síochána in relation to certain arrested persons.
7.—(1) Where a person is in custody under the provisions of section 30 of the Act of 1939 or section 2 of the Emergency Powers Act, 1976, a member of the Garda Síochána may do all or any of the following in respect of him:
(a) demand of him his name and address;
(b) search him or cause him to be searched;
(c) photograph him or cause him to be photographed;
(d) take, or cause to be taken, his fingerprints and palm prints;
(e) F2[…]
(f) seize and retain for testing anything that he has in his possession.
(2) Any person who obstructs or attempts to obstruct any member of the Garda Síochána or any other person acting under the powers conferred by subsection (1) of this section, or who fails or refuses to give his name and address when demanded, or gives a name or address which is false or misleading, shall be guilty of an offence and shall be liable—
(a) on summary conviction, to a fine not exceeding F3[£1,000] or to imprisonment for a term not exceeding 12 months, or to both, or
(b) F4[…]
Annotations
Amendments:
F2
Repealed (5.06.1992) by Criminal Justice (Forensic Evidence) Act 1990 (34/1990), s. 6, S.I. No. 129 of 1992.
F3
Substituted (1.07.1987) by Criminal Justice Act 1984 (22/1984), s. 6(5), S.I. No. 150 of 1987. A fine of £1,000 converted (1.01.1999) to €1,269.74. This translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 3, S.I. No. 662 of 2010.
F4
Repealed (1.07.1987) by Criminal Justice Act 1984 (22/1984), s. 6(5), S.I. No. 150 of 1987.
Modifications (not altering text):
C3
Powers under section applied with modifications (1.07.1987) by Criminal Justice Act 1984 (22/1984), s. 9, S.I. No. 150 of 1987), as amended.
Application to persons in custody under section 30 of Offences against the State Act, 1939.
9.—[(1)] [Sections 5, 6A, 18, 19and 19A, subsections(8), (8A) and (8B) of section 4 and subsections (1A), (2) and (3) of section 6] shall apply, with the necessary modifications, in relation to persons in custody under section 30 of the Act of 1939 and to the powers conferred by section 7 of the Criminal Law Act, 1976, as they apply to persons detained pursuant to section 4 of this Act.
[(2) Sections 8 to 8I shall, with the following and any other necessary modifications, apply to fingerprints, palmprints and photographs, as may be appropriate, taken from or of a person pursuant to section 30 of the Act of 1939 or section 7 of the Criminal Law Act 1976 as they apply to fingerprints, palmprints and photographs taken from or of a person pursuant to sectio 6 or 6A:
(a) references to an offence to which section 4 applies shall be construed as references to an offence to which section 4 applies or an offence in connection with which a person may be arrested and detained under section 30 of the Act of 1939;
(b) references to section 6 o r 6A shall be construed as references to section 30 of the Act of 1939 and section 7 of the Criminal Law Act 1976; and
(c) references to the detention of the person under section 4 shall be construed as references to the detention of the person under section 30 of the Act of 1939.]