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What legislation provides for detention in Irish law?

  • 12-02-2018 5:45pm
    #1
    Ciarajohnstone
    Registered Users, Registered Users 2 Posts: 43 ✭


    I need help with an assignment I can’t find the answers anywhere!
    1. What legislation provides for detention in Irish law?
    2. What types of offenses can this legislation be used? (Legislation for detention).
    3. What is the maximum length of time a person can be detained under the legislation?
    4. Do the Gardaí have an effect on the community or society?

    Thank you so much in advance!


Comments

  • #2
    source
    Registered Users, Registered Users 2 Posts: 5,312 ✭✭✭source


    Ciarajohnstone wrote: »
    I need help with an assignment I can’t find the answers anywhere!
    1. What legislation provides for detention in Irish law?
    2. What types of offenses can this legislation be used? (Legislation for detention).
    3. What is the maximum length of time a person can be detained under the legislation?
    4. Do the Gardaí have an effect on the community or society?

    Thank you so much in advance!

    The answers are very easily found for these questions with a very quick online search. I won't give you the answers but i will give you a resource. It's important to be able to find information for yourself.

    http://www.citizensinformation.ie/en/


  • #3
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Also check the amendments:
    http://www.irishstatutebook.ie/eli/1987/si/119/made/en/print


  • #4
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Curious as to what #4 means.


  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,610 ✭✭✭✭Victor


    Ciarajohnstone wrote: »
    1. What legislation provides for detention in Irish law?
    What do you mean by "detention"? If you mean arrest, then many pieces of legislation allow for arrest. There may also be common law rights to arrest for certain offences.

    Note that there are certain powers less than arrest, e.g. detaining someone to ascertain their identity.

    Certain non-Garda authorities, e.g. Airport Police, can arrest but not detain, so the arrestee has to be handed over to the Garda as soon as is practicable.
    2. What types of offenses can this legislation be used? (Legislation for detention).
    Many, whether they are summary or indictable offences. Offences that are prosecuted by authorities other than the Garda / DPP should be studied carefully as to whether someone can be arrested - while the main offence might not carry the possibility of arrest, obstruction of investigating offices may be an arrestable offence.
    3. What is the maximum length of time a person can be detained under the legislation?
    This depends on what legislation is being used. This varies from the minimum amount of time needed to process the arrestee to about 7 days. The time may be extended on application to a judge or in certain cases a senior Garda officer.


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