Criminal Law Act, 1976
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Power of Defence Forces to arrest and search in certain circumstances. |
15.—(1) The powers conferred by subsections (3) and (4) of this section may be exercised only in accordance with subsection (2) of this section. | |
(2) Whenever a member of the Garda Síochána not below the rank of superintendent requests an officer of the Defence Forces to make members of the Defence Forces available for the purpose of the exercise of the powers conferred by subsections (3) and (4) of this section during a period specified in the request, the officer may make— | ||
(a) himself and one or more members of the Defence Forces under his command, or | ||
(b) one or more members of the Defence Forces under his command, | ||
available for the purpose aforesaid, and a member of the Defence Forces made available as aforesaid may, while on duty in uniform during the period specified in the request, exercise the powers conferred by the said subsections (3) and (4). | ||
(3) (a) A member of the Defence Forces who with reasonable cause suspects that an offence to which section 8 of this Act applies has been, is being or is about to be committed may require a person to stop a vehicle with a view to ascertaining whether— | ||
(i) any person in or accompanying the vehicle has committed, is committing or is about to commit the offence, or | ||
(ii) evidence relating to the commission or intended commission of the offence by any person is in or on the vehicle or on any person in or accompanying it, | ||
and he may search the vehicle, and if (whether before or after the commencement of the search) he suspects with reasonable cause that any of the facts mentioned in subparagraph (i) or (ii) above exists, he may search any person in or accompanying the vehicle. | ||
(b) A member of the Defence Forces may use reasonable force in order to compel a person to comply with a requirement to stop a vehicle, and such force may include the placing of a barrier or other device in the path of vehicles. | ||
(4) (a) A member of the Defence Forces may arrest without warrant a person whom he, with reasonable cause, suspects to be in the act of committing, of having committed or of being about to commit an offence to which section 8 of this Act applies and in relation to which a member of the Garda Síochána would be entitled, if he so suspected, to arrest the person. | ||
(b) For the purpose of arresting a person under this subsection, a member of the Defence Forces shall have the same power to enter and search any building or part of a building or any vehicle, vessel, aircraft or hovercraft or any other place as a member of the Garda Síochána would have in like circumstances. | ||
(c) This subsection shall not prejudice any power of arrest conferred by law apart from this subsection. | ||
(5) A person arrested under this section shall, as soon as may be, be delivered into the custody of the Garda Síochána or released and shall in any event, if he has not then been so delivered, be released upon the expiration of 6 hours from the time of his arrest. | ||
(6) A person effecting an arrest under this section complies with any rule of law requiring him to state the ground of arrest if he states that he is effecting an arrest as a member of the Defence Forces because he suspects the person being arrested of being in the act of committing, of having committed or of being about to commit, as the case may be, an offence to which section 8 of this Act applies. | ||
(7) (a) Where a power conferred by subsection (3) or (4) of this section is exercised, a certificate signed by an officer of the Defence Forces not below the rank of commandant and stating— | ||
(i) that a request was made under subsection (2) of this section on a specified date by a member of the Garda Síochána not below the rank of superintendent named in the certificate to an officer of the Defence Forces named in the certificate, | ||
(ii) that the power aforesaid was exercised by the officer named in the certificate or, as the case may be, by a member or members of the Defence Forces under his command or by that officer and a member or members of the Defence Forces under his command, and that, at the time of such exercise, those exercising the power were on duty in uniform and had been made available pursuant to the request aforesaid, and | ||
(iii) that the power aforesaid was exercised during the period specified in the request. | ||
shall, without proof of the signature of the person purporting to have signed the certificate or that he was an officer of the Defence Forces not below the rank of commandant, be evidence in any proceedings of the matters certified in and by the certificate. | ||
(b) Where a power conferred by subsection (3) or (4) of this section is exercised, a certificate signed by a member of the Garda Síochána not below the rank of superintendent and stating that a request was made under subsection (2) of this section on a specified date by a member of the Garda Síochána not below the rank of superintendent named in the certificate to an officer of the Defence Forces named in the certificate shall, without proof of the signature of the person purporting to have signed the certificate or that he was a member of the Garda Síochána not below the rank of superintendent, be evidence in any proceedings of the matters certified in and by the certificate. | ||
(8) This section shall have effect only as long as the Emergency Powers Act, 1976 is in force. |