Criminal Justice Act, 1999

Arrest and detention of prisoners in connection with investigation of other offences.

42.—(1) In this section—

“offence” means an arrestable offence as defined in section 2 of the Criminal Law Act, 1997 ;

“prison” means a place of custody administered by the Minister for Justice, Equality and Law Reform;

“prisoner” means a person who is in prison on foot of a sentence of imprisonment, on committal awaiting trial, on remand or otherwise.

(2) A member of the Garda Síochána may arrest a prisoner on the authority of a judge 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 the following conditions are fulfilled—

(a) there are reasonable grounds for suspecting that the prisoner has committed an offence other than an offence in respect of which he or she is imprisoned;

(b) the arrest of the prisoner is necessary for the proper investigation of the offence which he or she is suspected of having committed;

(c) where the prisoner has previously been arrested for the same offence, whether prior to his or her imprisonment or under this section, further relevant information has since come to the knowledge of the Garda Síochána.

(3) A person arrested under this section—

(a) shall be taken forthwith to a Garda Station and may, subject to subsection (5), be detained there for such period as is authorised under section 4 of the Act of 1984, and

(b) shall, subject to this section, be dealt with as though he or she had been detained under that section.

(4) Section 4(4), (5), (5A) and 10 of the Act of 1984 shall not apply to a person arrested and detained under this section.

(5) If at any time during the detention of a person under this section there are no longer reasonable grounds for—

(a) suspecting that the person has committed the offence in respect of which he or she was arrested under this section, or

(b) believing that his or her detention is necessary for the proper investigation of that offence,

the detention shall be terminated forthwith.

(6) On termination of the detention in accordance with subsection (5) or by reason of the expiry of the period referred to in subsection (3)(a) the member of the Garda Síochána in charge of the Garda Station where the person is detained shall transfer him or her, or cause him or her to be transferred, forthwith back into the custody of the governor of the prison where the person was imprisoned at the time of the arrest.

(7) This section shall not prejudice any power conferred by law apart from this section in relation to the arrest, detention or transfer of prisoners.