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Detention for questioning
When can the Gardaí detain me for questioning?
A number of pieces of legislation allow the Gardaí to detain you in a Garda station when they are investigating a criminal offence. The length of time they can keep you at the station will depend on the offence they are investigating (see Table 2). In some circumstances, a Superintendent or a Chief Superintendent can extend your detention period up to a maximum of two days. However, if you are suspected of certain offences, a District Court judge can further extend your detention up to a maximum of seven days.
Do I have to be physically brought in front of a judge after the time limit for detention on Garda authority has run out?
Yes, when Garda authority for detention has run out, you must be either released or brought physically before a court.
Table 2
|
Suspected offence |
Law |
Grounds for initial detention |
Length of detention in Garda station |
|
All offences for which you could go to prison for five years or more (‘arrestable offences’)
For example, offences such as assault causing harm or serious harm or theft |
Section 4 of the Criminal Justice Act 1984
|
The member in charge of the Garda station has reasonable grounds for believing that the detention is needed for the proper investigation of the offence |
Initial period = 6 hours + 6 hours extension (authorised by Superintendent) + 12 hours extension (authorised by Chief Superintendent)
Total = 24 hours (This can be extended by 8 hours to a total of 32 hours if you take a rest period between midnight and 8am.) |
|
Offences against the State |
Section 30 of the Offences Against the State Act 1939 |
If you are arrested under s.30 of the Offences Against the State Act 1939 |
Initial period = 24 hours + 24 hours extension (authorised by Chief Superintendent) (2 days detention on Garda authority) + 24 hours extension (authorised by District Court judge)
Total = 3 days (72 hours) |
|
Drug trafficking offences |
Section 2 of the Criminal Justice (Drug Trafficking) Act 1996
|
The member in charge of the Garda station has reasonable grounds for believing that the detention is needed for the proper investigation of the offence |
Initial period = 6 hours + 18 hours extension (authorised by Superintendent) + 24 hours extension (authorised by Chief Superintendent) (2 days detention on Garda authority) + 72 hours extension (authorised by District or Circuit Court judge) + 48 hours extension (authorised by District or Circuit Court judge)
Total = 7 days |
|
Some offences involving the use of firearms |
Section 50 of the Criminal Justice Act 2007
|
The member in charge of the Garda station has reasonable grounds for believing that the detention is needed for the proper investigation of the offence |
Initial period = 6 hours + 18 hours extension (authorised by Superintendent) + 24 hours extension (authorised by Chief Superintendent) (2 days detention on Garda authority) + 72 hours extension (authorised by District or Circuit Court judge) + 48 hours extension (authorised by District or Circuit Court judge)
Total = 7 days |
