Ireland - Criminal Procedure Act 2010 (2018) EN

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

(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,


(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.

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.

Article 78 Determination of the sentence

2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.

Article 89 Surrender of persons to the Court


(c) A person being transported shall be detained in custody during the period of transit;

Article 92 Provisional arrest

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.

Article 106 Supervision of enforcement of sentences and conditions of imprisonment

1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.

2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.

3. Communications between a sentenced person and the Court shall be unimpeded and confidential.