Criminal Justice Act 2007

51.

Rearrest.

51.— F6 [ (1) Where a person arrested on suspicion of having committed an offence is detained pursuant to section 50 and is released without any charge having been made against him or her, he or she shall not

( a ) be arrested again in connection with the offence to which the detention related, or

( b ) be arrested for any other offence of which, at the time of the first arrest, the member of the Garda S í och á na by whom he or she was arrested suspected, or ought reasonably to have suspected him or her, of having committed,

except on the authority of a warrant issued by a judge of the Circuit Court or the District Court who is satisfied on information supplied on oath by a member of the Garda S í och á na not below the rank of superintendent that either of the following cases apply, namely:

(i) further information has come to the knowledge of the Garda S í och á na since the person s release as to his or her suspected participation in the offence for which his or her arrest is sought,

(ii) notwithstanding that the Garda S í och á na had knowledge, prior to the person s release, of the person s suspected participation in the offence for which his or her arrest is sought, the questioning of the person in relation to that offence, prior to his or her release would not have been in the interests of the proper investigation of the offence.

(1A) An application for a warrant under this section shall be heard otherwise than in public. ]

(2) When issuing a warrant under subsection (1), the judge concerned may order that the person concerned be brought before a judge of the Circuit Court or District Court on arrest or at any specified time or times during the period of detention authorised by section 50 as applied by subsection (3) and if, upon the person’s being so brought before such a judge, he or she is not satisfied that the person’s detention is justified, the judge shall revoke the warrant and order the immediate release from custody of the person.

(3) Section 50 shall apply to a person arrested in connection with an offence to which that section relates under a warrant issued pursuant to subsection (1), as it applies to a person to whom that section applies, with the following and any other necessary modifications:

( a) in subsection (3), the substitution for paragraphs (c) and (d) of the following paragraphs:

“( c) A member of the Garda Síochána not below the rank of chief superintendent may apply to a judge of the Circuit Court or District Court for a warrant authorising the detention of a person detained pursuant to a direction under paragraph (b) for a further period not exceeding 24 hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.

( d) On an application under paragraph (c) the judge concerned shall issue a warrant authorising the detention of the person to whom the application relates for a further period not exceeding 24 hours if, but only if, the judge is satisfied that such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously.”;

and

( b) in paragraph (g)(i) of subsection (3), the substitution of “under a warrant issued pursuant to paragraph (d)” for “pursuant to a direction under paragraph (c)”.

(4) A person arrested in connection with an offence other than one to which section 50 relates, under a warrant issued pursuant to subsection (1), shall, subject to subsection (2), be dealt with under section 4 of the Act of 1984 in like manner as a person arrested without warrant to whom the said section 4 applies.

(5) Notwithstanding subsection (1), a person to whom that subsection relates may be arrested for any offence for the purpose of charging him or her with that offence forthwith.

(6) Where a person who has been arrested under section 30 of the Offences Against the State Act 1939 or detained under section 4 of the Act of 1984 or section 2 of the Criminal Justice (Drug Trafficking) Act 1996 in connection with an offence is released without any charge having been made against him or her, he or she shall not be detained pursuant to section 50

( a) in connection with the first-mentioned offence, or

( b) in connection with an offence to which section 50 relates and which, at the time of the first arrest, the member of the Garda Síochána by whom he or she was arrested, suspected, or ought reasonably to have suspected, him or her of having committed.

Annotations

Amendments:

F6

Substituted and inserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 23(3), commenced on enactment.

Modifications (not altering text):

C4

References to “a member of an Garda Síochána not below the rank of superintendent” construed in certain circumstances (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 166, S.I. No. 508 of 2015.

Re-arrest in case of match of DNA profiles

166. — The reference to a member of the Garda Síochána not below the rank of superintendent in each of the provisions specified in column (3) of the Table to this section of the enactments specified in column (2) of that Table shall be construed as a reference to a member of the Garda Síochána not below the rank of inspector if the reason or one of the reasons for seeking the arrest of the person concerned for—

(a) the offence in relation to which he or she was detained under section 30 of the Act of 1939, section 4 of the Act of 1984, section 2 of the Act of 1996 or section 50 of the Act of 2007, as the case may be, or

(b) any other offence of which, at the time of the first arrest, the member of the Garda Síochána by whom he or she was arrested suspected, or ought reasonably to have suspected, him or her of having committed,

is that the Garda Síochána have, since the person‘s release, obtained the results of the forensic testing of a sample taken under the Criminal Justice (Forensic Evidence) Act 1990 or otherwise or under Part 2 from the person while he or she was detained under section 30 of the Act of 1939, section 4 of the Act of 1984, section 2 of the Act of 1996 or section 50 of the Act of 2007, as the case may be, and those results indicate a match of the person‘s DNA profile with a DNA profile generated from a sample taken from the crime scene in respect of the offence for which the arrest of the person is sought.

Table

Number and Year

(1)

Short Title

(2)

Provision amended

(3)

...

...

...

No. 29 of 2007

Criminal Justice Act 2007

Section 51(1).

Editorial Notes:

E6

Application of Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 (S.I. No. 74 of 1997) confirmed in respect of interviews which take place in a station with persons detained under section by Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 (S.I. No. 74 of 1997), reg. 3(2), as substituted (29.04.2009) by Criminal Justice Act 1984 (Electronic Recording of Interviews) (Amendment) Regulations 2009 (S.I. No. 168 of 2009), reg. 3, and (25.11.2010) by Criminal Justice Act 1984 (Electronic Recording of Interviews) (Amendment) Regulations 2010 (S.I. No. 560 of 2010), reg. 4.