Merchant Shipping (Salvage and Wreck) Act, 1993

PART V

Offences and Miscellaneous Provisions

Power of arrest.

59.—(1) Where with reasonable cause a member of the Garda Síochána suspects that an offence under section 7 (3), 9 (4) or 10 (3), subsection (1) or (4) of section 56 or section 64 is being or has been committed and so suspects a person is committing or of having committed the offence, the member may arrest the person without warrant.

(2) Where with reasonable cause a member of the Garda Síochána—

(a) suspects that an offence under this Act, other than an offence to which subsection (1) relates, has been committed or attempted, and

(b) suspects a person of having committed the offence or having made the attempt,

then the member may arrest the person without warrant if—

(i) with reasonable cause the member suspects that the person, unless arrested, either will abscond for the purposes of evading justice or will obstruct the course of justice, or

(ii) having enquired of the person, the member has reasonable doubts as to the person's identity or place of abode, or

(iii) having enquired of the person, the member knows that the person does not ordinarily reside in the State, or has reasonable doubts as to whether the person so resides.

(3) Nothing in paragraph (i), (ii) or (iii) of subsection (2) shall be construed so as to apply in a case to which a person is required to accompany a member of the Garda Síochána to a Garda Síochána station for the purpose of section 10 (2) and who fails to comply with the requirement.