Arrests in Ireland

An arrest is when you are taken into Garda custody and are not allowed to leave. Arrests normally happen because it is suspected that you are committing, have committed or are about to commit an offence. You can read our page on unlawful arrest and detention in Ireland.

You should be told that you are being arrested. However, this is normally clear if force is being used by a member of An Garda Síochána.

You should be told why you are being arrested, for example, because you are suspected of having stolen goods. Again, in some cases, this may be clear from the circumstances of arrest, for example, you are seen running from a shop carrying goods the shop sells. In those cases, it is not absolutely necessary for the Gardaí to say why you have been arrested.

The Gardaí do not have to inform you of the reason and legal basis for your arrest in any particular way. However, you do have to be told in an understandable way why you are being arrested.

Do I have to speak to the Gardaí after arrest?

In general, if you are arrested you do not have to say anything. However, if you are detained under the Criminal Justice Act 1984 you must tell the Gardaí your name and address.

Read more about your right to silence in criminal cases

The Gardaí do not have to inform you of the reason and legal basis for your arrest in any particular way. However, you do have to be told in an understandable way why you are being arrested.

Do I have to speak to the Gardaí after arrest?

In general, if you are arrested you do not have to say anything. However, if you are detained under the Criminal Justice Act 1984, you must tell the Gardaí your name and address.

Read more about your right to silence in criminal cases

Going to the Garda station for questioning

If you go voluntarily to a Garda station to assist the Gardaí with their enquiries and are subjected to questioning or interrogation, you must be told and it must be clear to you, that you are free to leave the station at any time unless you are arrested. However, you may be arrested as a result of information provided while ‘helping the Gardaí with their enquiries’.

Often an arrest is because of a warrant. However, a warrant is not always necessary.

Arrest without a warrant

You may be arrested without a warrant when a Garda, with reasonable cause, suspects that an arrestable offence has been committed and that you are guilty of the offence (Section 4 of the Criminal Law Act 1997).

What is an arrestable offence?

An arrestable offence is an offence where the penalty can be 5 years imprisonment or more for a person with no previous convictions with no previous convictions.

Other laws give the Gardaí specific powers of arrest as well. For example, a Garda can arrest you under the Road Traffic Acts without a warrant if they suspect that you are committing an offence in relation to drinking and driving.

If a Garda has a warrant to arrest you, they may enter and search any premises where they suspect you are. They must identify themselves, demand entry and state why they are there. It is not necessary to show you the warrant at the time of arrest. However, it must be shown to you soon after the arrest. If the Garda is refused entry, they may use reasonable force to gain entry to the premises.

Can a Garda search a premises without a warrant?

If a Garda does not have an arrest warrant, they may enter and search any premises (other than a dwelling) where they, with reasonable cause, suspect you to be, if it relates to an arrestable offence.

Can a Garda enter a home without a warrant?

However, if the premises is a home (dwelling), the Garda can only enter to arrest you (for an arrestable offence) if one of the following applies:

• They have the permission of the person who lives there
• You ordinarily live there
• A member of An Garda Síochana has seen you inside or entering the home
• They, with reasonable cause, suspect that before they can get an arrest warrant, you will abscond or you will obstruct the course of justice
• They, with reasonable cause, suspect that before they can get an arrest warrant, you will commit an arrestable offence

Read more about police powers of search in Ireland.

When a Garda arrests you, they will generally touch your body or otherwise restrain your liberty.

Force can only be used to make an arrest if it is reasonably necessary. Once an arrest is made, a member of An Garda Síochána may use such force as is necessary to ensure the arrest is maintained.

However, if excessive force or physicality is used, you can take a case to the Garda Ombudsman. You can also sue the arresting Garda/An Garda Síochána for assault if the force used was excessive.

If you are arrested on a criminal charge, you must be told at the time you are arrested of the charge unless this is very clear (for example, if you are arrested while committing an offence).

Body searches after arrest

A Garda may search you after your arrest and take any of the following:

• Articles that they believe to be connected with, or evidence relating to, the offence charged
• Articles that they believe to be connected with, or evidence relating to, some other offence
• Articles that you might use to injure another person or property or to escape

Normally, the search will be confined to a body frisk and a search of your outer clothes. In limited circumstances, a strip search may be justified.

If you are brought to a Garda station, you must be cautioned using the following words:

"You are not obliged to say anything unless you wish to do so, but whatever you say will be taken down in writing and may be given in evidence."

Being charged with an offence

If it is decided to charge you, details of the offence must be set out in a charge sheet. A copy of the details must be given to you. The Garda will formally charge you by reading each charge out to you and you will be cautioned after each charge is read out. The Garda must keep a note of any reply you make.

After you have been charged, the Garda must again caution you using the same words.

How long can I be detained in the station after arrest?

You can only be detained in a Garda station for a specified length of time before being brought to court.

Under the Criminal Justice Act 1984, you may be detained in a Garda station for up to 24 hours if you are suspected of an arrestable offence (with a 5-year prison sentence).  The 24-hour period runs from the time of your arrest but you may agree to a rest period between 12 midnight and 8 am and this will not be included in the 24 hours.

Under Section 30 of the Offences Against the State Act 1939, you may be detained for up to 48 hours before being brought to court.

Read more about the legal basis for detaining you after you have been arrested. You can also read about what constitutes unlawful arrest and detention in Ireland.

Read more about your rights if you have been arrested and are being interviewed by the Garda Síochána and what happens when a suspect in a criminal investigation makes a statement.

Voluntary confessions to the Gardai can be used as evidence against you in a trial.

Can the Gardaí take my fingerprints or take other samples?

The Gardaí have no general power to take fingerprints or make forensic tests. They may do these things if you consent or if they have specific power under specific laws, for example, under the Offences Against the State Act, 1939, Criminal Justice Act 1984 or the Criminal Law (Jurisdiction) Act 1976.

Do I have a right to a lawyer after being arrested?

If you are detained, you must be informed of your right to talk to a solicitor. Read more about your right to consult a solicitor and your treatment in custody.

Once you are charged and cautioned, you must be:

• Released on bail by the member in charge of the station (a form of bail known as station bail).
• Transferred from the Garda Station to the District Court as soon as reasonably possible. If you are arrested after 5 pm, you may be brought to the District Court as early as possible before noon the following day. At the District Court, you may be released on bail or remanded in custody by the judge.

You can read more about bail and surety.

Immunity from arrest

Ambassadors and their suites and other diplomatic agents who represent foreign governments while living in this country cannot be arrested.

Members of the Houses of the Oireachtas cannot be arrested while going to, returning from and within the confines of either House of the Oireachtas, except in the case of treason, felony or breach of peace.

The Irish Council for Civil Liberties provides a leaflet, Know your rights: Criminal Justice & Garda Powers (pdf), that gives more information on arrests and garda powers.

You can read more on citizensinformation.ie about:

Bail and surety

Detention after arrest

Unlawful arrest and detention

Treatment in custody

Garda interviews

Statements from suspects

Right to silence in criminal cases

Confessions

Questioning and surveillance

Powers of search

Extradition to and from Ireland