Article 4

(1) Subject to subsections (4) and (5), any person may arrest without warrant anyone who is or whom he or she, with reasonable cause, suspects to be in the act of committing an arrestable offence.

(2) Subject to subsections (4) and (5), where an arrestable offence has been committed, any person may arrest without warrant anyone who is or whom he or she, with reasonable cause, suspects to be guilty of the offence.

(3) Where a member of the Garda Síochána, with reasonable cause, suspects that an arrestable offence has been committed, he or she may arrest without warrant anyone whom the member, with reasonable cause, suspects to be guilty of the offence.

(4) An arrest other than by a member of the Garda Síochána may only be effected by a person under subsection (1) or (2) where he or she, with reasonable cause, suspects that the person to be arrested by him or her would otherwise attempt to avoid, or is avoiding, arrest by a member of the Garda Síochána.

(5) A person who is arrested pursuant to this section by a person other than a member of the Garda Síochána shall be transferred into the custody of the Garda Síochána as soon as practicable.

(6) This section shall not affect the operation of any enactment restricting the institution of proceedings for an offence or prejudice any power of arrest conferred by law apart from this section.

Article 6

(2) For the purpose of arresting a person without a warrant for an arrestable offence a member of the Garda Síochána may enter (if need be, by use of reasonable force) and search any premises (including a dwelling) where that person is or where the member, with reasonable cause, suspects that person to be, and where the premises is a dwelling the member shall not, unless acting with the consent of an occupier of the dwelling or other person who appears to the member to be in charge of the dwelling, enter that dwelling unless—

(a) he or she or another such member has observed the person within or entering the dwelling, or

(b) he or she, with reasonable cause, suspects that before a warrant of arrest could be obtained the person will either abscond for the purpose of avoiding justice or will obstruct the course of justice, or

(c) he or she, with reasonable cause, suspects that before a warrant of arrest could be obtained the person would commit an arrestable offence, or

(d) the person ordinarily resides at that dwelling.

(3) Without prejudice to any express amendment or repeal made by this Act, this section shall not affect the operation of any enactment or rule of law relating to powers of search or powers of arrest.

Part 3 Exceptions to Rule Against Double Jeopardy

Chapter 3 Approval of District Court for exercise of certain powers relating to persons acquitted of relevant offences

Article 15

(3) A member of the Garda Síochána shall not, either with or without the consent of a person referred to in subsection (1), do any of the following in connection with the person’s suspected participation in a relevant offence in respect of which that person was acquitted, except in so far as it is authorised in accordance with the provisions of this Act:

(a) arrest and detain the person;

Part 3 Exceptions to Rule Against Double Jeopardy

Chapter 3 Approval of District Court for exercise of certain powers relating to persons acquitted of relevant offences

Article 16

(1) A person in respect of whom section 15 applies may be arrested again for a relevant offence in respect of which he or she has been acquitted in accordance with, and only in accordance with, this section.

(2) Subject to subsection (3), a judge of the District Court who is satisfied—

(a) by information on oath by a member of the Garda Síochána not below the rank of superintendent that the member concerned has information regarding a relevant offence in respect of which the person was acquitted which has come to the knowledge of the Garda Síochána only since the person’s acquittal, and

(b) that the information referred to in paragraph (a) is likely to reveal or confirm the existence of new and compelling evidence in relation to the person’s suspected participation in the relevant offence for which his or her arrest is sought,

may authorise the arrest of that person.

(3) A judge of the District Court may authorise the arrest of the person concerned in respect of, and only of, the relevant offence in respect of which the person was acquitted.

(4) A person arrested pursuant to this section—

(a) shall be taken forthwith to a Garda Station and may be detained there for such period or periods as is authorised under section 4 of the Act of 1984, and

(b) subject to this section, shall be dealt with as though he or she had been detained under that section.

(5) If—

(a) at any time during the detention of a person under this section there are no longer reasonable grounds for—

(i) suspecting that the person has committed the relevant offence in respect of which he or she was arrested under this section, or

(ii) believing that his or her detention is necessary for the proper investigation of the relevant offence,

or

(b) by reason of the expiry of the period or periods referred to in subsection (4)(a),

the detention shall be terminated forthwith, and he or she shall without delay be
released, unless his or her detention is authorised apart from this section.

(6) Subsections (5) and (5A) of section 4 and section 10 of the Act of 1984 shall not apply to a person arrested and detained under this section.

(7) Proceedings under this section shall be heard otherwise than in public.

(8) This section shall not apply to a relevant offence in respect of which a person was the subject of a special verdict under section 5 of the Criminal Law (Insanity) Act 2006.

(9) This section is without prejudice to the power of the Court to issue a warrant for the arrest of a person in respect of whom a re-trial order has been made under subsection (1) of section 10.

Part 3 Exceptions to Rule Against Double Jeopardy

Chapter 3 Approval of District Court for exercise of certain powers relating to persons acquitted of relevant offences

Article 17

(1) A person in respect of whom section 15 applies who is detained in a prison or a children detention school may be arrested again for a relevant offence in respect of which he or she has been acquitted in accordance with, and only in accordance with, this section.

(2) Subject to subsection (3), a judge of the District Court who is satisfied—

(a) by information on oath by a member of the Garda Síochána not below the rank of superintendent that the member concerned has information regarding a relevant offence in respect of which the person was acquitted which has come to the knowledge of the Garda Síochána only since the person’s acquittal, and

(b) that the information referred to in paragraph (a) is likely to reveal or confirm the existence of new and compelling evidence in relation to the person’s suspected participation in the relevant offence for which his or her arrest is sought,

may authorise the arrest of that person.

(3) A judge of the District Court may authorise the arrest of the person concerned in respect of, and only of, the relevant offence for which the person was acquitted.

(4) A person arrested pursuant to this section—

(a) shall be taken forthwith to a Garda Station and may, subject to subsection (6), be detained there for such period or periods as is authorised under section 4 of the Act of 1984, and

(b) subject to this section, shall be dealt with as though he or she had been detained under that section.

(5) Subsections (4), (5) and (5A) of section 4 and section 10 of the Act of 1984 shall not apply to a person arrested and detained under this section.

(6) If at any time during the detention of a person under this section there are no longer reasonable grounds for—

(a) suspecting that the person has committed the relevant offence in respect of which he or she was arrested under this section, or

(b) believing that his or her detention is necessary for the proper investigation of the relevant offence,
the detention shall be terminated.

(7) On termination of the detention in accordance with subsection (6) or by reason of the expiry of the period or periods referred to in subsection (4)(a), the member of the Garda Síochána in charge of the Garda Station where the person is detained shall transfer him or her, or cause him or her to be transferred back to the governor of the prison or, as the case may be, the Director of the children detention school where the person was detained at the time of the arrest under this section.

(8) Proceedings under this section shall be heard otherwise than in public.

(9) This section shall not apply to a relevant offence in respect of which a person was the subject of a special verdict under section 5 of the Criminal Law (Insanity) Act 2006.

(10) Nothing in this section shall affect the power of the Court to issue a warrant for the arrest of a person in respect of whom an order has been made under subsection
(1) of section 10.