Criminal Procedure Act, 1967

Release on bail in certain cases by members of Garda Síochána.

[1951, s. 14].

31.—(1) Whenever a person is brought in custody to a Garda Síochána station by a member of the Garda Síochána, the sergeant or other member in charge of the station may, if he considers it prudent to do so and no warrant directing the detention of that person is in force, release him on bail and for that purpose take from him a recognisance, with or without sureties, for his due appearance before the District Court at the appropriate time and place.

(2) The recognisance may be estreated in the like manner as a recognisance entered into before a justice is estreated.

(3) A sum of money equivalent to the amount of bail may be accepted in lieu of a surety or sureties. The money shall be deposited by the member of the Garda Síochána receiving it with the district court clerk for the district court area in which the Garda Síochána station is situate.

(4) This section does not apply to a person arrested under section 251 of the Defence Act, 1954 , on suspicion of being a deserter or an absentee without leave from the Defence Forces.