Criminal Justice Act 2017
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Amendment of section 6 of Act of 1997 | ||
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6. Section 6 of the Act of 1997 is amended— | ||
(a) in subsection (1)(b) by the substitution of “considers necessary and proportionate” for “considers appropriate”, | ||
(b) in subsection (1)(b), by the insertion of the following subparagraphs after subparagraph (v): | ||
“(vi) that the accused person refrains from having contact (direct or indirect) with the person in respect of whom the offence is alleged to have been committed or any member of his or her family unless such contact is approved by the court, | ||
(vii) that the accused person shall not drive a mechanically propelled vehicle (within the meaning of the Road Traffic Act 1961 ) where the person has been charged with a serious offence relating to the driving of such a vehicle and the court considers it necessary to impose such a condition to prevent the commission of a serious offence connected with the driving of such a vehicle, | ||
(viii) that the accused person shall be at a specified place between specified times during the period commencing at 9.00 p.m. on each day and ending at 6.00 a.m. on each following day.”, | ||
(c) in subsection (8), by the substitution of “subsection (6) or (10) ” for “subsection (6),”, and | ||
(d) by the insertion of the following subsection: | ||
“(10) Where a member of the Garda Síochána— | ||
(a) with reasonable cause, suspects that a person who has been admitted to bail— | ||
(i) is about to contravene any of the conditions of the recognisance, | ||
(ii) is in the act of contravening any of the conditions of the recognisance, or | ||
(iii) has contravened any of the conditions of the recognisance, | ||
and | ||
(b) considers that it is necessary to arrest the person immediately to prevent harm to, interference with or intimidation of the person in respect of whom the offence is alleged to have been committed, a witness to the offence alleged or to any other person specified in a condition referred to in subparagraphs (v) or (vi) of paragraph (b) of subsection (1), | ||
he or she may arrest the person without warrant.”. |