Criminal Justice Act 1984

Regulations regarding treatment of persons in custody.

7

7. (1) The Minister shall make regulations providing for the treatment of persons in custody in Garda Síochána stations.

(2) The regulations shall include provision for the assignment to the member of the Garda Síochána in charge of a Garda Síochána station, or to some other member, of responsibility for overseeing the application of the regulations at that station, without prejudice to the responsibilities and duties of any other member of the Garda Síochána.

(3) A failure on the part of any member of the Garda Síochána 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.

(4) A failure on the part of any member of the Garda Síochána to observe any provision of the regulations shall render him liable to disciplinary proceedings.

(5) A draft of every regulation proposed to be made under this section shall be laid before each House of the Oireachtas and the regulation shall not be made until a resolution approving the draft has been passed by each such House.

Annotations

Modifications (not altering text):

C28

Application of section and regulations made thereunder extended (9.09.1996) by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 2(9)(b), S.I. No. 257 of 1996.

Powers of detention.

2.— ...

(9) ...

(b) Section 7 of the Act of 1984 and any regulations made thereunder shall, with any necessary modifications, apply in relation to places of detention as they apply in relation to Garda Síochána stations.

Editorial Notes:

E22

Power pursuant to section exercised (14.12.2006) by Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) (Amendment) Regulations 2006 (S.I. No. 641 of 2006).

E23

Power pursuant to section exercised (16.05.1987) by Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 (S.I. No. 119 of 1987), in effect as per reg. 1(2).