Criminal Justice Act 2006

Amendment of section 42 of Criminal Justice Act 1999.

11.— Section 42 of the Criminal Justice Act 1999 is amended—

(a) in subsection (2), by the deletion of subsection (2) and substitution with the following:

“(2) A member of an Garda Síochána may arrest a prisoner on the authority of 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 the following conditions are fulfilled:

(a) there are reasonable grounds for suspecting that the prisoner has committed an offence or offences other than the offence or offences in connection with which he or she is imprisoned;

(b) the arrest of the prisoner is necessary for the proper investigation of the offence or offences that he or she is suspected of having committed; and

(c) where the prisoner has previously been arrested for the same offence or offences, whether prior to his or her imprisonment or under this section, further information has come to the knowledge of the Garda Síochána since that arrest as to the prisoner’s suspected participation in the offence or offences for which his or her arrest is sought.”,


(b) in subsection (5)—

(i) in paragraph (a), by the substitution of “the offence or offences in respect of which he or she was arrested” for “the offence in respect of which he or she was arrested”, and

(ii) in paragraph (b), by the substitution of “the proper investigation of that offence or those offences” for “the proper investigation of that offence”.