Criminal Justice Act 1984

Powers of Garda Síochána in relation to detained person.

6

6.—(1) Where a person is detained pursuant to section 4, a member of the Garda Síochána may—

(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) F23[…]

(f) seize and retain for testing anything that he has in his possession.

F24[(1A) Where photographs or fingerprints and palm prints, taken pursuant to subsection (1), are lost or damaged or are otherwise imperfect, they may be taken on a second or further occasion.]

F25[(2) The powers conferred by subsections (1)(c), (1)(d) or (1A) shall not be exercised except on the authority of a member of the Garda Síochána not below the rank of inspector.]

(3) Subsection (1) (b) does not empower a member of the Garda Síochána to require a person to remove his underclothing, except where such member, with reasonable cause, suspects that he has concealed on his person a controlled drug (within the meaning of section 2 of the Misuse of Drugs Act, 1977) or an explosive substance and a member of the Garda Síochána not below the rank of superintendent so authorises.

(4) 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) 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 on summary conviction to F26[a class A fine] or to imprisonment for a term not exceeding 12 months or to both.

(5) Section 7 (2) of the Criminal Law Act, 1976, is hereby amended by the substitution in paragraph (a), for “£500”, of “£1,000” and by the deletion of paragraph (b).

Annotations

Amendments:

F23

Repealed (5.06.1992) by Criminal Justice (Forensic Evidence) Act 1990 (34/1990), s. 6, S. I. No. 129 of 1992.

F24

Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 48(a)(i), S.I. No. 236 of 2007.

F25

Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 48(a)(ii), S.I. No. 236 of 2007.

F26

Substituted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 171, S.I. No. 508 of 2015. A class A fine means a fine not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1) and table ref. no. 1, S.I. No. 662 of 2010.

Modifications (not altering text):

C22

Application of subs. (1A) extended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 100(3), S.I. No. 508 of 2015.

Power of Garda Síochána to take fingerprints and palm prints of persons arrested for purpose of charge

100. ...

(3) The provisions of subsection (1A) of section 6 and section 6A of the Act of 1984 shall apply to fingerprints and palm prints taken pursuant to this section as they apply to fingerprints and palm prints taken pursuant to the said section 6.

...

C23

Application of section extended (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 52, S.I. No. 236 of 2007, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 23(4), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 108, S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

52. —[(1) Sections 5, 6A, 18, 19 and 19A, subsections (4), (7), (8), (8A), (8B) and (11) of section 4 and subsections (1) to (4) of section 6 of the Act of 1984] shall apply with any necessary modifications in relation to persons detained under section 50 as they apply to persons detained under section 4 of that Act.

[(2) Sections 8 to 8I of the Act of 1984 shall, with the following and any other necessary modifications, apply to fingerprints, palm prints and photographs taken from or of a person detained under section 50 as they apply to fingerprints, palm prints and photographs taken from or of a person detained under section 4 of the Act of 1984:

(a) references to an offence to which section 4 of the Act of 1984 applies shall be construed as references to an offence to which section 4 of the Act of 1984 applies or an offence to which section 50 applies; and

(b) references to the detention of the person under section 4 of the Act of 1984 shall be construed as references to the detention of the person under section 50.]

C24

Application of section extended (9.09.1996) by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 5, S.I. No. 257 of 1996, as amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 22(3), commenced on enactment; and as amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 106, S.I. No. 508 of 2015.

Application of certain provisions of Act of 1984.

5.—[(1) Sections 5, 6A, 18, 19 and 19A, subsections (4), (7), (8), (8A), (8B) and (11) of section 4 and subsections (1) to (4) of section 6 of the Act of 1984] shall apply with any necessary modifications in relation to persons detained under section 2 as they apply to persons detained under section 4 of the Act of 1984.

[(2) Sections 8 to 8I of the Act of 1984 shall, with the following and any other necessary modifications, apply to fingerprints, palm prints and photographs taken from or of a person detained under section 2 as they apply to fingerprints, palm prints and photographs taken from or of a person detained under section 4 of the Act of 1984:

(a) references to an offence to which section 4 of the Act of 1984 applies shall be construed as references to an offence to which section 4 of the Act of 1984 applies or a drug trafficking offence; and

(b) references to the detention of the person under section 4 of the Act of 1984 shall be construed as references to the detention of the person under section 2.]