Criminal Law Act, 1976

Power of Garda Síochána in relation to certain arrested persons.

7.—(1) Where a person is in custody under the provisions of section 30 of the Act of 1939 or section 2 of the Emergency Powers Act, 1976, a member of the Garda Síochána may do all or any of the following in respect of him :

(a) demand of him his name and address;

(b) search him or cause him to be searched;

(c) photograph him or cause him to be photographed;

(d) take, or cause to be taken, his fingerprints and palm prints;

(e) make or cause to be made any test designed for the purpose of ascertaining whether he has been in contact with any firearm (within the meaning of the Firearms Acts, 1925 to 1971) or with any explosive substance (within the meaning of the Explosive Substances Act, 1883 ) and for that purpose take swabs from his skin or samples of his hair;

(f) seize and retain for testing anything that he has in his possession.

(2) Any person who obstructs or attempts to obstruct any member of the Garda Síochána or any other person acting under the powers conferred by subsection (1) of this section, or who fails or refuses to give his name and address when demanded, or gives a name or address which is false or misleading, shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £500 or to imprisonment for a term not exceeding 12 months, or to both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.