Criminal Justice Act, 1984
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Rearrest. |
10.—(1) Where a person arrested on suspicion of having committed an offence is detained pursuant to section 4 and is released without any charge having been made against him, he shall not— | |
(a) be arrested again for the same offence, or | ||
(b) be arrested for any other offence of which, at the time of the first arrest, the member of the Garda Síochána by whom he was arrested suspected him or ought reasonably to have suspected him, | ||
except on the authority of a justice of the District Court who is satisfied on information supplied on oath by a member of the Garda Síochána not below the rank of superintendent that further information has come to the knowledge of the Garda Síochána since the person's release as to his suspected participation in the offence for which his arrest is sought. A person arrested under that authority shall be dealt with pursuant to section 4 . | ||
(2) Notwithstanding anything in subsection (1), a person to whom that subsection relates may be arrested for any offence for the purpose of charging him with that offence forthwith. | ||
(3) Where a person who has been arrested under section 30 of the Act of 1939 in connection with an offence is released without any charge having been made against him, he shall not be detained pursuant to section 4 — | ||
(a) in connection with the first-mentioned offence, or | ||
(b) in connection with any other offence of which, at the time of his arrest for the first-mentioned offence, the member of the Garda Síochána by whom he was arrested suspected him or ought reasonably to have suspected him. |