Criminal Justice Act 2007

48.

Amendment of Act of 1984.

48.— The Act of 1984 is amended—

( a) in section 6—

(i) by the insertion of the following subsection after subsection (1):

“(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.”,

and

(ii) by the substitution of the following subsection for subsection (2):

“(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.”,

and

( b) by the insertion of the following section after section 6:

“Use of reasonable force in certain circumstances.

6A.— (1) Without prejudice to the generality of section 6, a member of the Garda Síochána 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 he or she reasonably considers to be necessary to take the photograph or fingerprints and palm prints.

(2) ( a) Such a power shall not be exercised except on the authority of a member of the Garda Síochána 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) Where a member of the Garda Síochána intends to exercise a power conferred by subsection (1), he or she 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 a member of the Garda Síochána not below the rank of inspector.

(5) The taking of such photographs and fingerprints and palm prints shall be video-recorded.”,

and

( c) in section 15(2), by the substitution of “€5,000” for “€2,500”.