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S.I. No. 641/2006 - Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) (Amendment) Regulations 2006
Statutory Text (4 Articles)
1. These Regulations may be cited as the
Criminal Justice Act 1984
(Treatment of Persons in Custody in Garda Síochána Stations) (Amendment) Regulations 2006.
Definitions
2. In these Regulations—
“Act” means the
Criminal Justice Act 1984
(No. 22 of 1984);
“chief superintendent” means a chief superintendent of the Garda Síochána;
“1984 Regulations” means the
Criminal Justice Act 1984
(Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 (
S.I. No. 119 of 1987
).
Amendment of 1984 Regulations
3. The 1984 Regulations are amended by—
(
a
) the substitution of “eighteen” for “seventeen”, wherever it occurs in the Regulations,
(
b
) the insertion in Regulation 5(3) of “or, in the case of a direction given under section 4(3)(
bb
) of the Act, to another member of or above the rank of chief superintendent” after “superintendent”,
(
c
) the insertion of the following subparagraph after Regulation 7(3)(
a
)
“(
aa
) Where a direction has been given by a member of the Garda Síochána under section 4(3)(
bb
) of the Act that a person be detained for a further period not exceeding twelve hours, the fact that the direction was given, the date and time when it was given and the name and rank of the member who gave it shall be recorded.”, and
(
d
) the substitution in Regulation 7(3)(
b
) of “A direction given under section 4(3)(
b
) or 4(3) (
bb
) of the Act” for “The direction”.
GIVEN under my Official Seal,
14 December 2006
MICHAEL MCDOWELL
Minister for Justice, Equality and Law Reform.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the
Criminal Justice Act 1984
(Treatment of persons in Custody in Garda Síochána Stations) Regulations 1987 to reflect
section 9
of the
Criminal Justice Act 2006
, which provides for an increase in the period of detention permitted under the
Criminal Justice Act 1984
, and
section 70
of the
Children Act 2001
, which raises from seventeen to eighteen the age limit for the purposes of certain provisions of the 1987 regulations.
S.I. No. 641 of 2006
CRIMINAL JUSTICE ACT 1984 (TREATMENT OF PERSONS IN CUSTODY IN GARDA SÍOCHÁNA STATIONS) (AMENDMENT) REGULATIONS 2006
I, MICHAEL MCDOWELL, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by
section 7
of the
Criminal Justice Act 1984
(No. 22 of 1984), hereby make the following regulations with respect to which, pursuant to that section, a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House
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