Criminal Justice Act 1984

Proceedings after arrest.

26

26.The following section shall be substituted for section 15 of the Criminal Justice Act, 1951:

“15.— (1) A person arrested pursuant to a warrant shall on arrest be brought before a justice of the District Court having jurisdiction to deal with the offence concerned or, if a justice is not immediately available, before a peace commissioner in the district of such a justice as soon as practicable.

(2) A person arrested without warrant shall, on being charged with an offence, be brought before a justice of the District Court having jurisdiction to deal with the offence or, if a justice is not immediately available, before a peace commissioner in the district of such a justice as soon as practicable.

(3) Where a person is arrested pursuant to a warrant later than the hour of 10 o’clock on any evening or, having been arrested without warrant, is charged after that hour and a justice is due to sit in the District Court district in which the person was arrested not later than noon on the following day, it shall be sufficient compliance with subsection (1) or (2), as the case may be, if he is brought before a justice at the commencement of the sitting.

(4) If the person is brought before a peace commissioner, the commissioner, having heard the evidence offered, shall remand him, either in custody or on such bail as the commissioner thinks fit, and remit the case for hearing before a justice of the District Court having jurisdiction to deal with it.

(5) If the accused is remanded on bail and there and then finds bail, the case shall be remitted to the next sitting of the court.

(6) In any other event, the case shall be remitted to a sitting of the court at a named place to be held within eight days after the arrest.

(7) This section is without prejudice to the provisions of any enactment relating to proceedings after arrest or charge in particular cases.”.