39.—(1) Where a person is seen or found committing, or is reasonably suspected of being engaged in committing or having committed, an offence referred to in F17[section 36(4)(b) or (4A)(b), 36A(b) or 52(2)] F18[or (2A)], a member of the Garda Síochána may arrest the person without warrant.

(2) Where a person is arrested by a member of the Garda Síochána under subsection (1), the person shall be taken by the member to a Garda Síochána station and may be detained there or arrested and detained there in accordance with section 4 of the Criminal Justice Act 1984 and, accordingly, the reference in subsection (2) (inserted by section 9 of the Criminal Justice Act 2006) F17[of that section] to “an offence to which this section applies” is to be read as including a reference to an offence referred to in F17[section 36(4)(b) or (4A)(b), 36A(b) or 52(2)] F18[or (2A)].