Criminal Justice Act 1984

6A

F27 [ Use of reasonable force in certain circumstances.

6A. F28 [ (1) Without prejudice to the generality of section 6 , a member of the Garda S í och á na and the member or members of the Garda S í och á na assisting that member may, where

(a) a person is detained under section 4 , and

(b) he or she fails or refuses to allow his or her photograph or fingerprints and palm prints to be taken pursuant to section 6 ,

use such force as is reasonably considered necessary

(i) to take the photograph or fingerprints and palm prints, or

(ii) to prevent them from being lost, damaged or otherwise being made imperfect,

or both. ]

(2) ( a ) Such a power shall not be exercised except on the authority of a member of the Garda S í och á na not below the rank of superintendent.

( b ) An authorisation pursuant to paragraph ( a ) may be given orally or in writing and if given orally shall be confirmed in writing as soon as practicable.

(3) F28 [ Where it is intended to exercise the power conferred by subsection (1) , one of the members of the Garda Síochána concerned shall inform the person ]

( a ) of that intention, and

( b ) that an authorisation to do so has been given pursuant to subsection (2)(a) .

(4) Photographs or fingerprints and palm prints taken pursuant to this section shall be taken in the presence of F28 [ a member of the Garda S í och á na not below the rank of inspector and that member shall determine the number of members of the Garda S í och á na that is reasonably necessary for the purposes of subsection (1) ] .

(5) The taking of such photographs and fingerprints and palm prints shall be F28 [ recorded by electronic or similar means ] . ]

Annotations

Amendments:

F27

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

F28

Substituted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 102, S.I. No. 508 of 2015.

Modifications (not altering text):

C25

Application of section 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.

...

C26

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.]

C27

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.]