Criminal Justice Act 1984

Rearrest.

10

10. F41 [ (1) Where a person arrested on suspicion of having committed an offence is detained pursuant to section 4 and is released without any charge having been made against him, he 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 S í och á na by whom he was arrested suspected, or ought reasonably to have suspected him of having committed,

except on the authority of a warrant issued by a judge of the District Court who is satisfied on information supplied on oath by a member of the Garda S í och á na 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 S í och á na since the person s release as to his suspected participation in the offence for which his arrest is sought, or

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

A person arrested under that authority shall be dealt with pursuant to section 4 .

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

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

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

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

( b) in connection with any other offence of which, at the time of his arrest for the first-mentioned offence, the member of the Garda Síochána by whom he was arrested suspected him or ought reasonably to have suspected him.

Annotations

Amendments:

F41

Substituted and inserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 24(3), commenced on enactment.

Modifications (not altering text):

C72

Reference to “a member of the Garda Síochána not below the rank of superintendent” construed (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 166, S.I. No. 508 of 2015.

166. The reference to a member of the Garda Síochána not below the rank of superintendent in each of the provisions specified in column (3) of the Table to this section of the enactments specified in column (2) of that Table shall be construed as a reference to a member of the Garda Síochána not below the rank of inspector if the reason or one of the reasons for seeking the arrest of the person concerned for—

(a) the offence in relation to which he or she was detained under section 30 of the Act of 1939, section 4 of the Act of 1984, section 2 of the Act of 1996 or section 50 of the Act of 2007, as the case may be, or

(b) 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,

is that the Garda Síochána have, since the person’s release, obtained the results of the forensic testing of a sample taken under the Criminal Justice (Forensic Evidence) Act 1990 or otherwise or under Part 2 from the person while he or she was detained under section 30 of the Act of 1939, section 4 of the Act of 1984, section 2 of the Act of 1996 or section 50 of the Act of 2007, as the case may be, and those results indicate a match of the person’s DNA profile with a DNA profile generated from a sample taken from the crime scene in respect of the offence for which the arrest of the person is sought.

Table

Number and Year

(1)

Short Title

(2)

Provision amended

(3)

...

...

...

No. 22 of 1984

Criminal Justice Act 1984

Section 10(1).

...

...

...

C73

Application of section restricted (1.09.2010) by Criminal Procedure Act 2010 (27/2010), ss. 16(6) and 17(5), S.I. No. 414 of 2010.

Arrest of person in respect of whom section 15 applies may be authorised by District Court in certain circumstances.

16.—(1) A person in respect of whom section 15 applies may be arrested again for a relevant offence in respect of which he or she has been acquitted in accordance with, and only in accordance with, this section.

...

(6) Subsections (5) and (5A) of section 4 and section 10 of the Act of 1984 shall not apply to a person arrested and detained under this section.

...

Arrest in certain circumstances of person in respect of whom section 15 applies where person is in prison etc.

17.— (1) A person in respect of whom section 15 applies who is detained in a prison or a children detention school may be arrested again for a relevant offence in respect of which he or she has been acquitted in accordance with, and only in accordance with, this section.

...

(5) Subsections (4), (5) and (5A) of section 4 and section 10 of the Act of 1984 shall not apply to a person arrested and detained under this section.

...

C74

Application of section restricted (1.10.1999) by Criminal Justice Act 1999 (10/1999), s. 42, S.I. No. 302 of 1999, as amended (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 11, S.I. No. 390 of 2006.

Arrest and detention of prisoners in connection with investigation of other offences.

42.—...

(2) A member of an Garda Síochána may arrest a prisoner on the authority of a judge of 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 the following conditions are fulfilled:

(a) there are reasonable grounds for suspecting that the prisoner has committed an offence or offences other than the offence or offences in connection with which he or she is imprisoned;

(b) the arrest of the prisoner is necessary for the proper investigation of the offence or offences that he or she is suspected of having committed; and

(c) where the prisoner has previously been arrested for the same offence or offences, whether prior to his or her imprisonment or under this section, further information has come to the knowledge of the Garda Síochána since that arrest as to the prisoner’s suspected participation in the offence or offences for which his or her arrest is sought.

(3) A person arrested under this section—

( a) shall be taken forthwith to a Garda Station and may, subject to subsection (5), be detained there for such period as is authorised under section 4 of the Act of 1984, and

( b) shall, subject to this section, be dealt with as though he or she had been detained under that section.

(4) Section 4(4), (5), (5A) and 10 of the Act of 1984 shall not apply to a person arrested and detained under this section.

...