Dáil Éireann Debate, Thursday - 24 February 2022
338. Deputy Brendan Griffin asked the Minister for Justice the maximum periods of detention currently permissible to gardaí in respect of individuals involved in serious antisocial behaviour and public order offences; and if she will make a statement on the matter. [10829/22]
Amharc ar fhreagraAs the Deputy will be aware, the Government is committed to tackling anti-social behaviour and ensuring that people both feel safe and are safe in their communities.
In line with a commitment in the Programme for Government, I have established an Expert Forum on Anti-Social Behaviour. The Forum is examining a broad range of issues with a focus on developing measures which will counteract the negative impact of anti-social behaviour on community morale and quality of life. This has included two subgroups established to consider the specific issues of knife crime and the misuse of scramblers and quadbikes. Other subgroups may be established to tackle additional specific issues as required.
As the Deputy will appreciate, in the absence of the identification of specific offences or the circumstances in which such offending occurs, it is not possible to provide a definitive answer to the question posed.
The primary legislation that provides for antisocial behaviour and public order offences is contained in the Criminal Justice (Public Order) Act 1994, as amended. Many of the offences specified in that Act are “Summary Offences” and, while a person may be arrested in certain circumstances, there would not be a provision that permits detention for questioning of the person arrested.
Section 3 of the Criminal Justice Act 2017 amended the Criminal Justice (Public Order) Act 1994 by inserting Section 4A. This provided that where a person is arrested for offences under Section 24 of the Criminal Justice (Public Order) Act 1994, or for common law breach of the peace, that person may be detained in custody for such periods not exceeding 6 hours if the member of An Garda Síochána for the time being in charge of the Garda station is of the opinion that the person is intoxicated to such an extent as would give rise to reasonable apprehension that the person might endanger himself or herself, or other persons. A person so detained cannot be questioned during this period, it is a detention for their own safety and the safety of others.
Certain offences under the Criminal Justice (Public Order) Act 1994 are deemed “Indictable Offences”. If the penalty on conviction for such offence is one that carries 5 years or more of imprisonment, then it also qualifies as an “Arrestable Offence”. Examples under the Act are the offences of Riot as contrary to Section 14, Violent Disorder as contrary to Section 15, and Affray as contrary to Section 16. Where a person has been arrested for those offences, and where certain circumstances arise, that person can be considered for detention and questioning under the provisions of the Criminal Justice Act 1984 as amended. Whether a person is so detained will rest on a number of factors to be considered by a member of An Garda Síochána referred to as the “member in charge”.
Under current legislation, the total period for which a person may be detained under Section 4 of the 1984 Act is 24 hours. Detention for the full 24 hour period will be subject to assessment at 6 and 12 hours, and will only arise if continued detention is required for the full and proper investigation of the offence among other considerations.
The periods of detention referenced above are set out in the table below for ease of reference.
|
Section 4 – Sanctioned by |
Detention Period |
|
Member In Charge |
6 Hours |
|
Superintendent |
6 Hours |
|
Chief Superintendent |
12 Hours |
|
Total |
24 Hours |
The Deputy will appreciate that detention is a highly regulated process and that significant measures exist to protect the individual rights of a person so detained.
