Vol. 427 No. 6
106 Mr. Broughan asked the Minister for Justice if a citizen may be held in Garda custody for 14 hours without an extension order after 6 hours custody; and if a person so detained would be provided with a rights form C. 72(s).
The Deputy will appreciate that interpretation of the law is not a function of the Minister for Justice. That apart, I can say that, subject to certain conditions and safeguards, a person may be detained in Garda custody for up to six hours, which period may be extended for a further six hours, under section 4 of the Criminal Justice Act, 1984, or for up to 24 hours, which period may be extended for a further 24 hours, under section 30 of the Offences against the State Act, 1939, and that the regulations regarding treatment of those persons (S.I. No. 119 of 1987) requires that they be informed of their rights while in such custody.
The 1984 Act further provides that a period between midnight and 8 a.m. during which questioning does not take place may be excluded in calculating the permitted period of detention under that Act if certain requirements, which include the agreement in writing of the suspect, are satisfied.
