Public Safety Act, 1927
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Detention of suspected persons. |
16.—(1) It shall be lawful for a superintendent of the Gárda Síochána to arrest or cause to be arrested any person whom he suspects of being or having been engaged or concerned in the commission of any of the offences mentioned in Part I. of the Schedule to this Act, and whose detention is in the opinion of such superintendent necessary or desirable for the proper investigation of such offence or any other like offence. | |
(2) Whenever any person is arrested under this section the superintendent of the Gárda Síochána responsible for such arrest shall, as soon as conveniently may be, bring such person before a Justice of the District Court, and, upon such superintendent stating to such Justice that in his opinion there is ground for suspecting such person of being or having been engaged or concerned in the commission of any of the offences mentioned in Part I. of the Schedule to this Act, and that his detention is necessary or desirable for the proper investigation of such offence, or any other like offence, such Justice shall order such person to be detained in custody for seven days. | ||
(3) Whenever a person is detained in custody by an order of a Justice of the District Court under this section, an Executive Minister, if satisfied that there is ground for suspecting such person of being or having been engaged or concerned in the commission of any of the offences mentioned in Part I. of the Schedule to this Act, and that the detention of such person is necessary for the proper investigation of such offence or any like offence, may, before the expiration of the period of detention of such person in pursuance of such order as aforesaid, make an order directing the detention of such person for such period not being more than two months from the date of such order as such Minister shall therein specify in that behalf. | ||
(4) Every person detained by virtue of an order made by an Executive Minister under this section shall not later than three months from the day of his arrest be either released from custody or charged with an offence and dealt with according to law. | ||
(5) Whenever a person is detained in custody under this section such person may at any time be released by order of an Executive Minister. | ||
(6) A person detained in custody under this section may be so detained in any prison, and while so detained shall be treated as a prisoner awaiting trial. | ||
(7) An order made by a Justice of the District Court or by an Executive Minister directing the detention of any person under this section shall be a sufficient authority to the governor of any prison in Saorstát Eireann to receive and detain in such prison in accordance with such order the person named in such order and an order by an Executive Minister for the release of such person shall be a sufficient authority to such governor for the release of such person. |