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Legislative background to detention after arrest

How detention is implemented is explained in the document Detention after arrest. The relevant legislation under which you can be detained is given below.

Detention under Section 4 of the Criminal Justice Act 1984

Section 4 of the Criminal Justice Act, 1984 is the primary legislation.

Section 2 of the Criminal Justice (Miscellaneous Provisions) Act, 1997 amended the primary legislation to allow:

  • A detention to continue under a different offence from the original offence under which a person had been held
  • Time at court making an application in relation to the lawfullness of a detention not to be counted as part of the detention time

Section 9 of the Criminal Justice Act 2006 (pdf) amended the primary legislation to allow a Chief Superintendent of the Gardai to authorise a further period of detention of 12 hours, making a total maximum detention of 24 hours.

Detention under Section 42 of the Criminal Justice Act 1999

Section 42 of the Criminal Justice Act 1999 is the primary legislation.

Section 11 of the Criminal Justice Act 2006 (pdf) amended the primary legislation to allow the arrest warrant to cover more than one offence.

Section 2 of the Criminal Law Act 1997 contains the definition of an arrestable offence.

Detention under Section 30 of the Offences Against the State Act 1939

Section 30 of the Offences Against the State Act 1939 is the primary legislation.

Section 10 of the Offences Against the State (Amendment) Act 1998 amended the primary legislation to allow a Superintendent apply to the District Court for a further period of detention of 24 hours making a total maximum detention of 72 hours.

Section 187 of the Criminal Justice Act 2006 (pdf) amended the primary legislation to allow a detention period which would have expired during an application to the court for an extension to continue until there is an decision on the application.

Detention under Section 2 of the Criminal Justice (Drug Trafficking) Act 1996

Section 2 of the Criminal Justice (Drug Trafficking) Act 1996 is the primary legislation.

Section 5 of the Criminal Justice (Drug Trafficking) Act 1996 applies certain parts of Section 4 of the Criminal Justice Act 1984 to detention under Section 2.

Section 10 of the Criminal Justice Act 2006 (pdf) amended the primary legislation to allow a detention period which would have expired during an application to the court for an extension to continue until there is an decision on the application.

Detention under Section 50 of the Criminal Justice Act 2007

Section 50 of the Criminal Justice Act 2007 (pdf) is the primary legislation.

On remand in custody

Section 24 of the Criminal Procedure Act 1967 is the primary legislation.

Section 4 of the Criminal Justice (Miscellaneous Provisions) Act 1997 substituted a new Section 24.

Page updated: 1 January 2010

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