Criminal justice act, 1984

• Act Number: 22
• Enactment Date: 06 December 1984

Number 22 of 1984
CRIMINAL JUSTICE ACT, 1984
ARRANGEMENT OF SECTIONS
Section 1. Commencement. 2. Duration of certain sections. 3. Interpretation.
Detention of Arrested Persons in Garda Síochána Custody in Certain Circumstances
4. Detention after arrest. 5. Access to solicitor and notification of detention. 6. Powers of Garda Síochána in relation to detained person. 7. Regulations regarding treatment of persons in custody. 8. Destruction of records. 9. Application to persons in custody under section 30 of Offences against the State Act, 1939. 10. Rearrest.
Offences Committed while on Bail and other Offences
11. Offences committed while on bail: consecutive sentences. 12. Increase of aggregate term of imprisonment in certain cases. 13. Failure to surrender to bail. 14. Increase of penalties for certain firearms offences. 15. Withholding information regarding firearms or ammunition. 16. Withholding information regarding stolen property, etc. 17. Maximum fine on summary conviction of certain indictable offences.
Inferences from Accused's Failure to Account for Certain Matters
18. Inferences from failure, refusal to account for objects, marks, etc. 19. Inferences from accused's presence at a particular place.
Trial Procedure
20. Notice of alibi in trials on indictment. 21. Proof by written statement. 22. Proof by formal admission. 23. Abolition of right of accused to make unsworn statement. 24. Order of closing speeches. 25. Majority verdicts.
Miscellaneous
26. Proceedings after arrest. 27. Electronic recording of questioning. 28. Taking of fingerprints of person dealt with under Probation of Offenders Act, 1907, or convicted. 29. Application of Act to courts-martial. 30. Laying of regulations before Houses of Oireachtas. 31. Expenses. 32. Short title.
Acts Referred to Children Act, 1908 1908, c. 67 Criminal Justice Act, 1951 1951, No. 2 Criminal Justice (Evidence) Act, 1924 1924, No. 37 Criminal Law Act, 1976 1976, No. 32 Criminal Law (Jurisdiction) Act, 1976 1976, No. 14 Criminal Procedure Act, 1865 1865, c. 18 Criminal Procedure Act, 1967 1967, No. 12 Explosive Substances Act, 1883 1883, c. 3 Firearms Act, 1925 1925, No. 17 Firearms Act, 1964 1964, No. 1 Firearms Acts, 1925 to 1971 Misuse of Drugs Act, 1977 1977, No. 12 Offences against the State Act, 1939 1939, No. 13 Probation of Offenders Act, 1907 1907, c. 17
Number 22 of 1984
CRIMINAL JUSTICE ACT, 1984
AN ACT TO AMEND CRIMINAL LAW AND PROCEDURE. [6th December, 1984]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Commencement.	1.—(1) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister for Justice either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.
	(2) An order shall not be made under subsection (1) in respect of any of the following sections namely, sections 4 to 6 , 8 to 10 , 15 , 16 , 18 and 19 until provisions relating to the investigation of complaints from the public against members of the Garda Síochána not above the rank of chief superintendent and the adjudication by a body other than the Garda Síochána of such complaints have been enacted by the Oireachtas and have come into operation and until regulations under section 7 have been made.
	(3) Sections 12 and 14 shall not apply in relation to offences committed before the commencement of the section concerned.
	Duration of certain sections.	2.—Each of the following sections, namely, sections 4 to 6 , 8 to 10 , 15 , 16 , 18 and 19 shall cease to be in operation at the expiry of four years from the commencement of that section unless a resolution has been passed by each House of the Oireachtas resolving that that section should continue in operation.
	Interpretation.	3.—(1) In this Act, except where the context otherwise requires—
	“the Act of 1939” means the Offences against the State Act, 1939 ;
	“imprisonment” includes penal servitude and detention in Saint Patrick's Institution;
	“place” includes any building or part of a building, vehicle, vessel, aircraft or hovercraft and any other place whatsoever.
	(2) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.
	(3) In this Act, a reference to a section is to a section of this Act and a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other enactment or provision, as may be appropriate, is intended.
Detention of Arrested Persons in Garda Síochána Custody in Certain Circumstances
	Detention after arrest.	4.—(1) This section applies to any offence for which a person of full age and capacity and not previously convicted may, under or by virtue of any enactment, be punished by imprisonment for a term of five years or by a more severe penalty and to an attempt to commit any such offence.
	(2) Where a member of the Garda Síochána arrests without warrant a person whom he, with reasonable cause, suspects of having committed an offence to which this section applies, that person may be taken to and detained in a Garda Síochána station for such period as is authorised by this section if the member of the Garda Síochána in charge of the station to which he is taken on arrest has at the time of that person's arrival at the station reasonable grounds for believing that his detention is necessary for the proper investigation of the offence.
	(3) (a) The period for which a person so arrested may be detained shall, subject to the provisions of this section, not exceed six hours from the time of his arrest.
	(b) An officer of the Garda Síochána not below the rank of superintendent may direct that a person detained pursuant to subsection (2) be detained for a further period not exceeding six hours if he has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence.
	(c) A direction under paragraph (b) may be given orally or in writing and if given orally shall be recorded in writing as soon as practicable.
	(4) If at any time during the detention of a person pursuant to this section there are no longer reasonable grounds for suspecting that he has committed an offence to which this section applies, he shall be released from custody forthwith unless his detention is authorised apart from this Act.
	(5) Where a member of the Garda Síochána has enough evidence to prefer a charge for an offence against a person detained in a Garda Síochána station pursuant to this section, he shall without delay charge that person or cause him to be charged unless that person is, with reasonable cause, suspected of another offence to which this section applies and the member of the Garda Síochána then in charge of the station has reasonable grounds for believing that the continuance of his detention pursuant to this section is necessary for the proper investigation of that offence.
	(6) (a) If a person is being detained pursuant to this section in a Garda Síochána station between midnight and 8 a.m. and the member in charge of the station is of opinion that any questioning of that person for the purpose of the investigation should be suspended in order to afford him reasonable time to rest, and that person consents in writing to such suspension, the member may give him a notice in writing (which shall specify the time at which it is given) that the investigation (so far as it involves questioning of him) is suspended until such time as is specified in the notice and shall ask him to sign the notice as an acknowledgement that he has received it; and, if the notice is given, the period between the giving thereof and the time specified therein (not being a time later than 8 a.m.) shall be excluded in reckoning a period of detention permitted by this section and the powers conferred by section 6 shall not be exercised during the period so excluded:
	Provided that not more than one notice under this paragraph shall be given to a person during any period between midnight and 8 a.m.
	(b) A notice under paragraph (a) may, for serious reasons, be withdrawn by a subsequent notice given in like manner, and in that event any time subsequent to the giving of the second notice shall not be excluded under that paragraph.
	(c) A member of the Garda Síochána when giving a notice to any person under paragraph (a) or (b) shall explain to him orally the effect of the notice.
	(d) The following particulars shall be entered in the records of the Garda Síochána station without delay—
	(i) the time of the giving of a notice under paragraph (a) and the time specified therein as the time up to which the questioning is being suspended,
	(ii) whether the person being detained acknowledged that he received the notice, and
	(iii) the time of the giving of any notice under paragraph (b).
	(e) Records kept in pursuance of paragraph (d) shall be preserved for at least twelve months and, if any proceedings are taken against the person in question for the offence in respect of which he was detained, until the conclusion of the proceedings (including any appeal or retrial).
	(7) (a) Subject to...