indictable crimes, charging procedures

Our man in Havana

If a person is released without charge after being arrested with a file being sent to the DPP, what is the procedure to charge when the DPP decides what to do?

Is the person re-arrested and charged then brought before a court or are they merely summonsed?

jpfahy

Either

MagicSean

I think there was a thread touching on this before. What power is there to arrest someone for the purpose of charge if they have already been arrested and detained for the crime previously?

jpfahy

Seanbeag1 wrote: »

I think there was a thread touching on this before. What power is there to arrest someone for the purpose of charge if they have already been arrested and detained for the crime previously?

A Garda may arrest someone for the purpose of charging them - It's done all the time

MagicSean

jpfahy wrote: »

A Garda may arrest someone for the purpose of charging them - It's done all the time

I know its done all the time but under what power is it done?

mcgarrett

Seanbeag1 wrote: »

I know its done all the time but under what power is it done?

Criminal Justice Act 1984 provides a power to rearrest for the purpose of charging.

MagicSean

mcgarrett wrote: »

Criminal Justice Act 1984 provides a power to rearrest for the purpose of charging.

Thanks. Its Section 10 (2) if anyone else is looking

norrie_1001

Seanbeag1 wrote: »

Thanks. Its Section 10 (2) if anyone else is looking

Is this section applicable for arrestable offences only or can it be used for summary offences too?

mcgarrett

norrie_1001 wrote: »

Is this section applicable for arrestable offences only or can it be used for summary offences too?

The file has come back from the DPP or District Officer with directions to prosecute and this provides you with your power of arrest to charge.

norrie_1001

mcgarrett wrote: »

The file has come back from the DPP or District Officer with directions to prosecute and this provides you with your power of arrest to charge.

I don't think so. Your power of arrest comes from legislation, not from the say do of the DPP or the Superintendent. The question I was asking was is section 10(2) only applicable for arrestable offences only or summary offences also?

For example, if you get a direction to prosecute someone for Section 3 Assault Causing Harm, I know you can arrest for the purpose of charge because Section 3 Assault Causing Harm is an arrestable offence. However if you get a direction to prosecute someone for Section 2 Assault, I don't think you can arrest them for the purpose of charge because Section 2 Assault is not an arrestable offence, it is only a summary offence.

johnnyskeleton

norrie_1001 wrote: »

mcgarrett wrote: »

The file has come back from the DPP or District Officer with directions to prosecute and this provides you with your power of arrest to charge.

I don't think so. Your power of arrest comes from legislation, not from the say do of the DPP or the Superintendent. The question I was asking was is section 10(2) only applicable for arrestable offences only or summary offences also?

For example, if you get a direction to prosecute someone for Section 3 Assault Causing Harm, I know you can arrest for the purpose of charge because Section 3 Assault Causing Harm is an arrestable offence. However if you get a direction to prosecute someone for Section 2 Assault, I don't think you can arrest them for the purpose of charge because Section 2 Assault is not an arrestable offence, it is only a summary offence.

Section 10(2) doesn't provide a power of arrest as such, it simply provides that s 10(1), which prevents abuse of detention periods, does not apply where the rearrest is for the purpose of charge.

The power to arrest comes primarily from s4 of the 1997 act, but some summary offences carry a power of arrest. Where there is a power of arrest it is used to bring someone before the court. Where there is no power of arrest without warrant a summons or warrant for arrest must be obtained

mcgarrett

norrie_1001 wrote: »

I don't think so. Your power of arrest comes from legislation, not from the say do of the DPP or the Superintendent. The question I was asking was is section 10(2) only applicable for arrestable offences only or summary offences also?

Sorry Norrie badly worded by me, I wasn't implying the DPP's or District Officers directions gave you a power of arrest. When those directions are received you arrest for the purpose of charge and "this" as in section 10(2) means you are rearresting him for the purpose of charge.

mcgarrett

johnnyskeleton wrote: »

Section 10(2) doesn't provide a power of arrest as such, it simply provides that s 10(1), which prevents abuse of detention periods, does not apply where the rearrest is for the purpose of charge.

Thats true Johnny and as the OP asked and in practically all cases where somebody is arrested for the purpose of charge, it is usually after they have been detained, questioned and released.

The file comes back with directions and section 10(2) says you may arrest that person for the purpose of charge and it is not considered a rearrest for the same offence. (No questions asked just charge )

johnnyskeleton

mcgarrett wrote: »

Thats true Johnny and as the OP asked and in practically all cases where somebody is arrested for the purpose of charge, it is usually after they have been detained, questioned and released.

The file comes back with directions and section 10(2) says you may arrest that person for the purpose of charge and it is not considered a rearrest for the same offence. (No questions asked just charge )

Perhaps a simpler way to explain it is that all lawful arrests are for the purposes of charge. Detention for the purposes of interview is, if you like, a sideshow that takes place in the intervening period.

However, the process of arrest and detention has become so commonplace that perhaps many gardai forget that the primary purpose of arresting a person is to charge them and bring them before the courts.

A re-arrest under section 10(2) can take place under any lawful arrest power. For example, a person who was arrested, detained and released in connection with a violent disorder allegation could be re-arrested for charge on foot of section 4 of the 1997, or s.24 of the public order act, or under a warrant duly issued by the district court for his or her arrest.