Criminal Justice Act, 1984

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Powers of Garda Síochána in relation to detained person.

6.—(1) Where a person is detained pursuant to section 4 , a member of the Garda Síochána may—

(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) The powers conferred by subsection (1) (c) and (1) (d) shall not be exercised except on the authority of a member of the Garda Síochána not below the rank of superintendent.

(3) Subsection (1) (b) does not empower a member of the Garda Síochána to require a person to remove his underclothing, except where such member, with reasonable cause, suspects that he has concealed on his person a controlled drug (within the meaning of section 2 of the Misuse of Drugs Act, 1977 ) or an explosive substance and a member of the Garda Síochána not below the rank of superintendent so authorises.

(4) 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) 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 on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both.

(5) Section 7 (2) of the Criminal Law Act, 1976 , is hereby amended by the substitution in paragraph (a), for “£500”, of “£1,000” and by the deletion of paragraph (b).