All persons arrested are informed firstly why they are arrested and if they are detained, the duration of their detention will vary depending on the particular power of detention used. Each case is different, however please see document below - 'Guidance on Detention Periods' which is a summary of the various powers of detention – this is provided as guidance only!
'Guidance on Detention Periods'
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Section 4 Criminal Justice Act 1984 |
Person can be detained for up to 24 hours:
• First 6 hours – extended by Sergeant
• Second 6 hours – extended by Superintendent
• Final 12 hours – extended by Chief Superintendent
Offences which carry 5 year jail term qualify.
* See 1. below for reasons why clock can be stopped.
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Section 30 offences Against the State Act |
Person can be detained for 72 hours:
• 24 hours
• 24 hours – extended by Chief Superintendent
• 24 hours – extended by District Court.
Offence usually involves firearms/explosives.
# See 2. below for reasons why clock can be stopped.
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Section 2 Criminal Justice (Drug Trafficking) Act 1996 |
Person can be held for up to 7 days:
• 6 hours
• 18 hours – extended by Chief Superintendent
• 24 hours – extended by Chief Superintendent
• 24 hours – Chief Superintendent applies to District Court for extension
• 72 hours – Chief Superintendent applies to District Court for extension.
# See 2. below for reasons why clock can be stopped.
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Section 50 Criminal Justice Act 2007 |
Person can be held for up to 168 hours = 7 days:
• 6 hours – extended by Sergeant
• 18 hours – extended by Superintendent
• 24 hours – extended by Chief Superintendent
• 72 hours – Chief Superintendent applies to District Court for extension
• 48 hours – Chief Superintendent applies to District Court for extension.
# See 2. below for reasons why clock can be stopped.
Offences which qualify for Section 50 detention –
w Murder involving the use of a firearm or explosive,
w Murder in which Section 3 of the Criminal Justice Act 1990 applies (includes the murder of a Garda or
Prison Officer).
w An offence under Section 15 of the Firearms Act 1925 (replaced by Section 42 of the Criminal Justice Act
2006) – possession of a firearm with intent to endanger life …. Minimum sentence – 10 years …. Maximum
sentence – Life imprisonment.
w An offence under Section 15 of the Non Fatal Offences against the person Act 1997 involving the use of
firearm (false imprisonment).
*1. With consent of prisoner a rest period will apply between the hours of 12am and 8am, this is
excluded from period of detention – effectively the clock is stopped.
Clock is also stopped if prisoner needs to attend hospital and also if taken to court in connection
with an application relating to the lawfulness of his detention. Again, this time is excluded from
the period of detention.
# 2. Clock is stopped if prisoner needs to attend hospital and also if taken to court in connection
with an application relating to the lawfulness of his detention. Again, this time is excluded from
the period of detention.