Arrestable offences - really quick question

Corruptable

Hi lads,

As we all know the s2(1) of the Criminal Law Act 1997 defines an arrestable offence as:

"Arrestable offence” means an offence for which a person of full 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 includes an attempt to commit any such offence;

In light of the Criminal Justice (Surveillance) Act 2009, which appears only to permit covert surveillance in relation to the investigation of or commission of arrestable offences, does the conferral of a right of arrest without warrant such as in Public Order Act, make an offence count as an "arrestable offence" under the 2009 Act where it is otherwise a summary offence?

Thanks, I'm just a little confused as to the limit of an "arrestable offence", as I normally understood them as indictables but summary can be de facto "arrestable" in some statutes.

Procrastastudy

I'm no expert as you know but I think arrestable offences and offences that have other powers of arrest such as Common Law are different. Where a statute is referring to 'an arrestable offence' it's talking about the ones under the definition you cited.

Corruptable

Procrastastudy wrote: »

I'm no expert as you know but I think arrestable offences and offences that have other powers of arrest such as Common Law are different. Where a statute is referring to 'an arrestable offence' it's talking about the ones under the definition you cited.

Thanks for your response, I guess that makes sense. Can anyone confirm this would likely be the position (that an "arrestable offence" is only those expressly laid down in statute as punishable by at least five years imprisonment)?

ResearchWill

Corruptable wrote: »

Hi lads,

As we all know the s2(1) of the Criminal Law Act 1997 defines an arrestable offence as:

"Arrestable offence” means an offence for which a person of full 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 includes an attempt to commit any such offence;

In light of the Criminal Justice (Surveillance) Act 2009, which appears only to permit covert surveillance in relation to the investigation of or commission of arrestable offences, does the conferral of a right of arrest without warrant such as in Public Order Act, make an offence count as an "arrestable offence" under the 2009 Act where it is otherwise a summary offence?

Thanks, I'm just a little confused as to the limit of an "arrestable offence", as I normally understood them as indictables but summary can be de facto "arrestable" in some statutes.

Section 1 of the Criminal Justice (Surveiliance) Act 2009

“arrestable offence” has the meaning it has in section 2 (as amended by section 8 of the Criminal Justice Act 2006 ) of the Criminal Law Act 1997 ;

There is your answer. It's always best to start with the legislation, http://www.irishstatutebook.ie/2009/en/act/pub/0019/sec0001.html#sec1

Corruptable

ResearchWill wrote: »

Section 1 of the Criminal Justice (Surveiliance) Act 2009

“arrestable offence” has the meaning it has in section 2 (as amended by section 8 of the Criminal Justice Act 2006 ) of the Criminal Law Act 1997 ;

There is your answer. It's always best to start with the legislation, http://www.irishstatutebook.ie/2009/en/act/pub/0019/sec0001.html#sec1

Doh! Why didn't I think of that (I usually do).

Thanks Will!