Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987.

Statutory Instrument No.119/1987
Date16 April 1987

CONTENTS.

Preliminary and General

1. Title and commencement.

2. Interpretation.

3. General.

4. Member in charge.

5. Duties of member in charge.

6. Custody record.

Arrested persons

7. Record of arrest and detention.

8. Information to be given to an arrested person.

9. Notification to solicitor or other persons.

10. Enquiries.

11. Visits and communications.

12. Interviews (general).

13. Interviews (persons under seventeen years).

14. Foreign nationals.

15. Charge sheets.

Persons other than arrested persons

16. Provisions relating to persons other than arrested persons.

Provisions applicable generally

17. Searches.

18. Fingerprints, etc.

19. Conditions of custody.

20. Persons in custody not to be ill-treated.

21. Medical treatment.

22. Mentally handicapped persons.

23. Other matters to be recorded.

24. Preservation of custody records.

S.I. No. 119 of 1987.

CRIMINAL JUSTICE ACT, 1984 (TREATMENT OF PERSONS IN CUSTODY IN GARDA SÍOCHÁNA STATIONS) REGULATIONS. 1987.

Preliminary and General

I, GERARD COLLINS, Minister for Justice, in exercise of the powers conferred on me by section 7 of the Criminal Justice Act, 1984 (No. 22 of 1984), hereby make the following Regulations with respect to which, pursuant to that section, a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House:

1 Title and commencement.

1. (1) These Regulations may be cited as the Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987.

(2) These Regulations shall come into operation one month after the date on which they are made.

2 Interpretation.

2. (1) In these Regulations:—

"the Act" means the Criminal Justice Act, 1984 (No. 22 of 1984);

"adult" means a person not below the age of eighteen years and

"adult relative" shall be construed accordingly;

"arrested person" means a person who is taken on arrest to, or arrested in, a station;

"custody" means custody in a Garda Síochána station;

"custody record" means a record kept under Regulation 6;

"district" means a Garda Síochána district;

"doctor" means a registered medical practitioner;

"member" means a member of the Garda Síochána;

"member in charge" has the meaning assigned to it by Regulation 4(1);

"station" means a Garda Síochána station;

"superintendent" means a superintendent of the Garda Síochána and, in relation to a district, means a superintendent who is in charge of the district and includes an inspector of the Garda Síochána who is in charge of the district in the superintendent's absence.

(2) In these Regulations a reference to a person signing a document shall include, in the case of a person unable to write, a reference to the person making his mark.

(3) In Regulations 12(8) and 18(1) "appropriate adult", in relation to a person in custody, means—

(a) in case the person is married and his spouse is an adult and is readily available, his spouse, and

(b) in any other case, his parent or guardian or, where a parent or guardian is not readily available, an adult relative or some other responsible adult, as may be appropriate, in attendance at the station pursuant to subparagraph (b) or (c) of Regulation 13(2).

(4) If and for so long as the member in charge of a station in which a person is in custody has reasonable grounds for believing that the person is not below the age of seventeen years, the provisions of these Regulations shall apply as if he had attained that age.

(5) In these Regulations a reference to a Regulation is a reference to a regulation of these Regulations and a reference to a paragraph or subparagraph is a reference to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other Regulation or provision, as may be appropriate, is intended.

3 General.

3. (1) In carrying out their functions under these Regulations members shall act with due respect for the personal rights of persons in custody and their dignity as human persons, and shall have regard for the special needs of any of them who may be under a physical or mental disability, while complying with the obligation to prevent escapes from custody and continuing to act with diligence and determination in the investigation of crime and the protection and vindication of the personal rights of other persons.

(2) There shall be no unnecessary delay in dealing with persons in custody.

4 Member in charge.

4. (1) In these Regulations "member in charge" means the member who is in charge of a station at a time when the member in charge of a station is required to do anything or cause anything to be done pursuant to these Regulations.

(2) The superintendent in charge of a district shall issue instructions in writing from time to time, either generally or by reference to particular members or members of particular ranks or to particular circumstances, as to who is to be the member in charge of each station in the district.

(3) As far as practicable, the member in charge shall not be a member who was involved in the arrest of a person for the offence in respect of which he is in custody in the station or in the investigation of that offence.

(4) The superintendent in charge of a district shall ensure that a written record is maintained in each station in his district containing the name and rank of the member in charge at any given time.

5 Duties of member in charge.

5. (1) The member in charge shall be responsible for overseeing the application of these Regulations in relation to persons in custody in the station and for that purpose shall visit them from time to time and make any necessary enquiries.

(2) Paragraph (1) is without prejudice to the responsibilities and duties of any other member in relation to persons in custody.

(3) Where it appears to the member in charge that a direction given or action taken by a member of higher rank is inconsistent with the proper application of these Regulations, he shall inform that member accordingly and, unless the matter is resolved, report it without delay to another member of or above the rank of superintendent.

(4) (a) Where, by reason of the number of persons in custody or other circumstances, the member in charge is unable to carry out adequately the duty imposed on him by paragraph (1) in relation to visiting persons in custody and making any necessary enquiries, he may authorise in writing another member to carry out that duty.

(b) The authorisation shall specify the reasons for giving it and shall terminate when these reasons no longer apply.

(c) In the case of the Bridewell Station, Dublin, the member with particular responsibility for the cell area shall be deemed to have been authorised under subparagraph (a) by the member in charge and subparagraph (b) shall not apply.

6 Custody record.

6. (1) A record (in these Regulations referred to as the custody record) shall be kept in respect of each person in custody.

(2) The member in charge shall record or cause to be recorded in the custody record as soon as practicable such information as is required to be recorded by these Regulations. Each entry in the record shall be signed or initialled by the member making it.

(3) Where a person in custody is transferred to another station, the member in charge of the station from which he is transferred shall send with him the custody record relating to him, or a copy of it, to the member in charge of that other station.

(4) Without prejudice to the responsibility of any other member for the accuracy and completeness of any entry which he has made in a custody record, the member in charge shall be responsible for the accuracy and completeness of all entries made in the custody record while he is the member in charge.

(5) Paragraph (2) does not apply to a record referred to in Regulation 10(5) or paragraph ( 10) or (11) of Regulation 12.

Arrested persons

7 Record of arrest and detention

7. (1) in relation to an arrested person, a record shall be made of—

(a) the date, time and place of arrest and the identity of the arresting member (or other person effecting the arrest),

(b) the time of arrival at the station,

(c) the nature of the offence or other matter in respect of which he was arrested, and

(d) any relevant particulars relating to his physical or mental condition.

(2) In the case of a person who is being detained in a station pursuant to section 4 of the Act the member in charge at the time of the person's arrival at the station shall, when authorising the detention, enter in the custody record and sign the following statement:

"I have reasonable grounds for believing that the detention of (insert here the name of the person detained) is necessary for the proper investigation of the offence(s) in respect of which he/she has been arrested."

(3) (a) Where a direction has been given by an officer of the Garda Síochána under section 4(3)(b) of the Act that a person be detained for a further period not exceeding six hours, the fact that the direction was given, the date and time when it was given and the name and rank of the officer who gave it shall be recorded.

(b) 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 and 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.

(4) Where a direction has been given under section 30 of the Offences against the State Act, 1939 (No. 13 of 1939), that a person be detained for a further period not exceeding twenty-four...

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