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Amendment of sections 4, 9 and 10 of Act of 1984.
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24.— (1) Section 4 of the Act of 1984 is amended—
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(a) by inserting the following subsection after subsection (8A):
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“(8B) (a) Where a medical practitioner—
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(i) has, at the request of a member of the Garda Síochána, assessed the condition of a person detained pursuant to subsection (2), and
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(ii) certifies that the person, although the person’s condition is not such as to require the person’s hospitalisation, is unfit for any questioning for the purpose of the investigation for a specified period,
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no questioning of the person shall take place during that period and that period shall be excluded in reckoning a period of detention permitted by this section.
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(b) The period that may be specified in a certificate provided under paragraph (a) by a medical practitioner shall not exceed 6 hours.
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(c) A certificate may be provided under paragraph (a) on one occasion only in respect of the particular person detained pursuant to subsection (2).”,
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and
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(b) in subsection (9) by substituting “, (8A) or (8B)” for “or (8A)”.
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(2) Section 9 of the Act of 1984 is amended by inserting “4(8B),” after “4(8A),”.
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(3) Section 10 of the Act of 1984 is amended by substituting the following subsection for subsection (1):
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“(1) Where a person arrested on suspicion of having committed an offence is detained pursuant to section 4 and is released without any charge having been made against him, he shall not—
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(a) be arrested again in connection with the offence to which the detention related, or
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(b) be arrested for any other offence of which, at the time of the first arrest, the member of the Garda Síochána by whom he was arrested suspected, or ought reasonably to have suspected him of having committed,
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except on the authority of a warrant issued by a judge of the District Court who is satisfied on information supplied on oath by a member of the Garda Síochána not below the rank of superintendent that either of the following cases apply, namely:
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(i) further information has come to the knowledge of the Garda Síochána since the person’s release as to his suspected participation in the offence for which his arrest is sought, or
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(ii) notwithstanding that the Garda Síochána had knowledge, prior to the person’s release, of the person’s suspected participation in the offence for which his arrest is sought, the questioning of the person in relation to that offence, prior to his release, would not have been in the interests of the proper investigation of the offence.
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A person arrested under that authority shall be dealt with pursuant to section 4.
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(1A) An application for a warrant under this section shall be heard otherwise than in public.”.
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