Criminal Justice Act 2006

Power of Garda Síochána to photograph arrested persons.

12.—(1) Where a person is arrested by a member of the Garda Síochána under any power conferred on him or her by law, the member may photograph the person or cause him or her to be photographed in a Garda Síochána station as soon as may be after his or her arrest for the purpose of assisting with the identification of him or her in connection with any proceedings that may be instituted against him or her for the offence in respect of which he or she is arrested.

(2) The power conferred by subsection (1) shall not be exercised except on the authority of a member of the Garda Síochána not below the rank of sergeant.

(3) An authority under subsection (2) may be given orally but, if it is given orally, it shall be confirmed in writing as soon as practicable.

(4) The provisions of section 8 of the Act of 1984 shall apply to photographs (including negatives) taken pursuant to this section as they apply to photographs taken pursuant to section 6 of that Act subject to the modification that the reference in section 8(2) of that Act to proceedings for an offence to which section 4 of that Act applies shall be construed as a reference to proceedings for an offence in respect of which the person concerned is arrested, and any other necessary modifications.

(5) A person who refuses to allow himself or herself to be photographed pursuant to this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.

(6) The power conferred by this section is without prejudice to any other power exercisable by a member of the Garda Síochána to photograph a person.