Week 2: Acts, Articles, Case Law

Criminal Law Act 1997 s.4

Section 4 of the Criminal Law Act 1997 permits any person (including a civilian) to arrest someone without a warrant in two scenarios

Criminal Law Act 1997 s.4(1)

During an arrestable offence: A person may arrest anyone they reasonably suspect is in the act of committing an arrestable offence.

Criminal Law Act 1997 s.4(2)

After an arrestable offence: A person may arrest anyone they reasonably suspect is guilty of an arrestable offence that has already been committed.

Criminal Law Act 1997 s.4(3)

A member of the Garda Síochána (police) may also arrest without a warrant if they reasonably suspect an arrestable offence has been committed and the person is guilty.

Criminal Law Act 1997 s. 1

“Arrestable offence” means an offence for which a person of full capacity and not previously convicted may be punished by imprisonment for a term of five years or by a more severe penalty, and includes an attempt to commit any such offence.

Offences Against the Person Act 1861, s.38.

An offence to resist a lawful arrest

Non-Fatal Offences Against the Person Act 1997, s. 19

The use of force by a person in effecting or assisting in a lawful arrest, if only such as is reasonable in the circumstances as he or she believes them to be, does not constitute an offence.

Criminal Law Act 1997 s.6

Allows a garda to enter and search any premises without a warrant if they have reasonable cause to believe the suspect is there

Non-Fatal Offences Against the Person Act 1997 s. 5

A warrant for the arrest of a person or an order of committal may be executed by a member of the Garda even if it is not in the member’s possession at the time (but it must be shown as soon as possible)

European Arrest Warrant Act 2003, s. 11(1)(A)

Information should be included on a European Arrest Warrant

Constitution Article 40.4.1

No citizen shall be deprived of his or her right to liberty save in accordance with law

European Convention on Human Rights Article 5(1)

Each individual ‘has the right to liberty and security of person. No one shall be deprived of his liberty save … in accordance with a procedure prescribed by law.’

Which acts allow the Garda to detain someone without charge to facilitate an investigation?

Offences Against the State Act 1939, s. 30.

Criminal Justice Act 1984, s. 4 (as amended)

Criminal Justice (Drug Trafficking) Act 1996, s. 2 (as amended)

Criminal Justice Act 2007, s. 50 (as amended)

Bail Act 1997

The release of an accused person after they have been charged with an offence, but before any possible conviction, is subject to surrendering to custody or court at appointed times.

Criminal Justice (Administration) Act 1924

A formal document (the form of indictment) setting out the charges on which the accused is to be tried

Court of Appeal Act 2014

Decisions of the Circuit Court, Central Criminal Court and Special Criminal Court are heard in the Court of Appeal