Criminal Justice Act 2011

8.

Failure to return to Garda Síochána station as required pursuant to section 4 of Act of 1984.

8.— The Act of 1984 is amended by the insertion of the following sections after section 4:

“Power to arrest and return person for purpose of continuation of detention.

4A.— (1) Notwithstanding section 10, where a member of the Garda Síochána reasonably suspects that a person has failed to return in accordance with section 4(3B) to a Garda Síochána station for the continuation of his or her detention, the member may, for the purpose of the continuation of the detention—

( a) arrest the person without warrant, and

( b) return him or her to the Garda Síochána station specified for the continuation of the detention concerned.

(2) A person who is arrested under this section shall, as soon as practicable, be returned to the Garda Síochána station which is specified for the continuation of his or her detention.

(3) Where a person is returned to a Garda Síochána station under subsection (2), the period of time commencing on his or her arrest and ending on his or her arrival to the Garda Síochána station concerned shall be excluded in reckoning a period of detention permitted under section 4.

Offence of failing to return to Garda Síochána station.

4B.— (1) If a person whose detention has been suspended under section 4(3A) fails, without reasonable excuse, to return to the Garda Síochána station concerned in accordance with subsection (3B) of section 4, he or she shall be guilty of an offence and shall be liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 12 months or to both.

(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this section may be instituted within 2 years from the date on which the offence was committed.

(3) The provisions of this section are in addition to, and not in substitution for, the provisions of section 4A.

Regulations regarding suspension of person’s detention under section 4(3A).

4C.— (1) Without prejudice to section 7 and to the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 ( S.I. No. 119 of 1987), the Minister shall make regulations in relation to the procedures that are to apply where a person’s detention is suspended under section 4(3A) and, without prejudice to the generality of the foregoing, such regulations may make provision for—

( a) the form of notices for the purposes of subsections (3B), (3C) and (3D) of section 4, and

( b) the notice period for the purpose of section 4(3D)( b).

(2) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(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 or her.

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

(5) Every regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.”.