Criminal Justice (Drug Trafficking) Act, 1996
Powers of detention. |
2.—(1) (a) Where a member of the Garda Síochána arrests without warrant a person (“the arrested person”) whom he or she, with reasonable cause, suspects of having committed a drug trafficking offence, the arrested person— | |
(i) may be taken to a Garda Síochána station, and | ||
(ii) if the member of the Garda Síochána in charge of the station has, at the time of the arrested person's arrival there, reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence, may be detained in that station for a period or periods authorised by subsection (2). | ||
(b) Without prejudice to paragraph (a), where a member of the Garda Síochána suspects an arrested person of concealing in his or her person a controlled drug, that person may— | ||
(i) be taken to a place of detention, and | ||
(ii) if a member of the Garda Síochána not below the rank of inspector who is not investigating the drug trafficking offence has, at the time of that person's arrival there, reasonable grounds for believing that his or her detention is necessary for the proper investigation of the drug trafficking offence, be detained in that place of detention for a period or periods authorised by subsection (2). | ||
(2) (a) The period for which a person may be detained under subsection (1) shall, subject to the provisions of this subsection, not exceed 6 hours from the time of his or her arrest. | ||
(b) An officer of the Garda Síochána not below the rank of chief superintendent may direct that a person detained under subsection (1) be detained for a further period not exceeding 18 hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned. | ||
(c) An officer of the Garda Síochána not below the rank of chief superintendent may direct that a person detained pursuant to a direction under paragraph (b) be detained for a further period not exceeding 24 hours, if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned. | ||
(d) A direction under paragraph (b) or (c) may be given orally or in writing and, if given orally, shall be recorded in writing as soon as practicable. | ||
(e) Where a direction has been given under paragraph (b) or (c), the fact that the direction was given, the date and time when it was given and the name and rank of the officer of the Garda Síochána who gave it shall be recorded. | ||
(f) The direction or, if it was given orally, the written record of it shall be signed by the officer giving it and— | ||
(i) shall state the date and time when it was given, the officer's name and rank and that the officer had reasonable grounds for believing that such further detention was necessary for the proper investigation of the offence concerned, and | ||
(ii) shall be attached to and form part of the custody record (within the meaning of the Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987) in respect of the person concerned. | ||
(g) (i) An officer of the Garda Síochána not below the rank of chief superintendent may apply to a judge of the Circuit Court or a judge of the District Court for a warrant authorising the detention of a person detained pursuant to a direction under paragraph (c) for a further period not exceeding 72 hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned. | ||
(ii) On an application under subparagraph (i) the judge concerned shall issue a warrant authorising the detention of the person to whom the application relates for a further period not exceeding 72 hours if, but only if, the judge is satisfied that such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously. | ||
(h) (i) An officer of the Garda Síochána not below the rank of chief superintendent may apply to a judge of the Circuit Court or a judge of the District Court for a warrant authorising the detention of a person detained under a warrant issued pursuant to paragraph (g) (ii) for a further period not exceeding 48 hours, if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned. | ||
(ii) On an application under subparagraph (i) the judge concerned shall issue a warrant authorising the detention of the person to whom the application relates for a further period not exceeding 48 hours if, but only if, the judge is satisfied that such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously. | ||
(3) On an application under subsection (2) the person to whom the application relates shall be produced before the judge concerned and the judge shall hear any submissions made and consider any evidence adduced by or on behalf of the person and the officer of the Garda Síochána making the application. | ||
(4) When issuing a warrant under subsection (2) the judge concerned may order that the person concerned be brought before a judge of the Circuit Court or a judge of the District Court at a specified time or times during the period of detention specified in the warrant and if, upon the person's being so brought before such a judge, he or she is not satisfied that the person's detention is justified, the judge shall revoke the warrant and order the immediate release from custody of the person. | ||
(5) If at any time during the detention of a person pursuant to this section there are no longer reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence to which the detention relates, he or she shall, subject to subsection (6), be released from custody forthwith unless he or she is charged or caused to be charged with an offence and is brought before a court as soon as may be in connection with such charge or his or her detention is authorised apart from this Act. | ||
(6) If at any time during the detention of a person pursuant to this section a member of the Garda Síochána, with reasonable cause, suspects that person of having committed a drug trafficking offence other than the offence to which the detention relates and— | ||
(a) the member of the Garda Síochána then in charge of the Garda Síochána station, or | ||
(b) in case the person is being detained in a place of detention, a member of the Garda Síochána not below the rank of inspector who is not investigating the offence to which the detention relates or the other offence, | ||
has reasonable grounds for believing that the continued detention of the person is necessary for the proper investigation of that other offence, the person may continue to be detained in relation to the other offence as if that offence was the offence for which the person was originally detained. | ||
(7) To avoid doubt, it is hereby declared that a person shall not be detained pursuant to this section for more than 168 hours from the time of his or her arrest, not including any period which is to be excluded under section 4 (8) of the Act of 1984 (as applied by section 5 ) in reckoning a period of detention. | ||
(8) Nothing in this section shall affect the operation of section 30 of the Act of 1939 or section 4 of the Act of 1984. | ||
(9) (a) The Minister may make regulations prescribing specified places as places where a person may be detained pursuant to subsection (1) (b), and a place for the time being standing so specified is referred to in this Act as a “place of detention”. | ||
(b) Section 7 of the Act of 1984 and any regulations made thereunder shall, with any necessary modifications, apply in relation to places of detention as they apply in relation to Garda Síochána stations. | ||
(10) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. |