PRC-UTE
1st January 2007, 01:28
New rules double time gardai allowed to detain suspects
Sat, Dec 23 06 - Irish Independent
DETENTION periods for serious crime suspects have been doubled.
The move was described last night by Tanaiste and Justice Minister Michael McDowell as a significant weapon for the gardai in the fight against crime.
He said the extended powers of detention would allow more effective investigation of offences.
Up to now a person held under the Criminal Justice Act, 1984, could be detained for six hours, extended by a further six hours on the authorisation of a garda superintendent or higher rank.
But it created a major anomaly in law as it meant that if a person was suspected of committing a murder with a gun, he could be held without charge for a maximum of three days, under section 30 of the Offences Against the State Act.
But if the murder weapon was a knife, the suspect could only be held for 12 hours. However, legislative changes, signed within the past few days by Mr McDowell, mean that the suspect can be held initially for 12 hours and the period can be extended for a further 12 hours on the authorisation of at least a chief superintendent.
The Tanaiste said the powers, alongside the unprecedented package of additional resources for the Gardai announced earlier this week, would greatly enhance the capacity of the force to tackle serious crime.
Gardai had been campaigning for the past few years for an end to the anomaly and had argued that much of the 12 hours detention could be used up by experienced suspects by seeking consultations with legal advisers, looking for medical attention or demanding their meal breaks.
The discrepancies between the two pieces of legislation meant that if a person suspected of knifing his victim to death had also broken a window in the victim's home, he could be held for 72 hours because damage to property is covered under the Offences Against the State Act.
Tom Brady
Sat, Dec 23 06 - Irish Independent
DETENTION periods for serious crime suspects have been doubled.
The move was described last night by Tanaiste and Justice Minister Michael McDowell as a significant weapon for the gardai in the fight against crime.
He said the extended powers of detention would allow more effective investigation of offences.
Up to now a person held under the Criminal Justice Act, 1984, could be detained for six hours, extended by a further six hours on the authorisation of a garda superintendent or higher rank.
But it created a major anomaly in law as it meant that if a person was suspected of committing a murder with a gun, he could be held without charge for a maximum of three days, under section 30 of the Offences Against the State Act.
But if the murder weapon was a knife, the suspect could only be held for 12 hours. However, legislative changes, signed within the past few days by Mr McDowell, mean that the suspect can be held initially for 12 hours and the period can be extended for a further 12 hours on the authorisation of at least a chief superintendent.
The Tanaiste said the powers, alongside the unprecedented package of additional resources for the Gardai announced earlier this week, would greatly enhance the capacity of the force to tackle serious crime.
Gardai had been campaigning for the past few years for an end to the anomaly and had argued that much of the 12 hours detention could be used up by experienced suspects by seeking consultations with legal advisers, looking for medical attention or demanding their meal breaks.
The discrepancies between the two pieces of legislation meant that if a person suspected of knifing his victim to death had also broken a window in the victim's home, he could be held for 72 hours because damage to property is covered under the Offences Against the State Act.
Tom Brady