Criminal Justice Act 1984

4C

F18 [ Regulations regarding suspension of person s detention under section 4(3A) .

4C. (1) Without prejudice to section 7 and to the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda S í och á na Stations) Regulations 1987 ( S.I. No. 119 of 1987 ), the Minister shall make regulations in relation to the procedures that are to apply where a person s detention is suspended under section 4(3A) and, without prejudice to the generality of the foregoing, such regulations may make provision for

( a ) the form of notices for the purposes of subsections (3B) , (3C) and (3D) of section 4 , and

( b ) the notice period for the purpose of section 4(3D)(b) .

(2) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) A failure on the part of any member of the Garda S í och á na to observe any provision of the regulations shall not of itself render that person liable to any criminal or civil proceedings or of itself affect the lawfulness of the custody of the detained person or the admissibility in evidence of any statement made by him or her.

(4) A failure on the part of any member of the Garda S í och á na to observe any provision of the regulations shall render him or her liable to disciplinary proceedings.

(5) Every regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. ]

Annotations

Amendments:

F18

Inserted (9.08.2011) by Criminal Justice Act 2011 (22/2011), s. 8, S.I. No. 411 of 2011.

Editorial Notes:

E20

Power pursuant to section exercised (28.08.2017) by Criminal Justice Act 1984 (Suspension of Detention under Section 4(3A)) (Persons under 18 years of age) Regulations 2017 (S.I. No. 380 of 2017), in effect as per reg. 1(2).

E21

Power pursuant to section exercised (9.08.2011) by Criminal Justice Act 1984 (Suspension of Detention under section 4(3A)) Regulations 2011 (S.I. No. 416 of 2011), in effect as per reg. 1(2).