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Notice of the making of this Statutory Instrument was published in
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“Iris Oifigiúil” of 7th April, 2023.
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I, SIMON HARRIS, Minister for Justice, 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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1. These Regulations may be cited as the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) (Amendment) Regulations 2023.
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2. In these Regulations, “Regulations of 1987” means the
Criminal Justice Act 1984
(Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 (
S.I. No. 119 of 1987
).
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3. Regulation 2(1) of the Regulations of 1987 is amended by the insertion of the following definitions:
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“ ‘Act of 2014’ means the
Competition and Consumer Protection Act 2014
(No. 29 of 2014);
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‘authorised officer’ has the same meaning as it has in the Act of 2014;”.
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4. Regulation 12 of the Regulations of 1987 is amended -
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(a) by the substitution of the following paragraph for paragraph (1):
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“(1) Before an arrested person is interviewed, the member conducting the interview shall -
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(a) identify himself or herself and any other member present by name and rank to the arrested person, and
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(b) where an authorised officer is present pursuant to section 37 of the Act of 2014, identify the officer by name and as such an authorised officer to the arrested person.”,
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(b) by the substitution of the following paragraph for paragraph (3):
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“(3) Not more than 2 persons, each being a member or, where applicable, one such person being a member and one such person being an authorised officer, shall question the arrested person at any one time.”,
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(c) by the insertion of the following paragraph after paragraph (3):
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“(3A) At any one time during the interview -
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(a) subject to subparagraph (c), not more than 4 members shall be present,
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(b) not more than 2 authorised officers shall be present, and
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(c) where an authorised officer is present, not more than 4 persons who are authorised officers or members shall be present.”,
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(d) in paragraph (11)(a), by the substitution of “the names and ranks of the members, and the name of any authorised officer, present” for “the names and ranks of the members present”,
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and
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(e) in paragraph (12)(a), by the substitution of “and the members and any authorised officer present” for “and the members present”.
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GIVEN under my Official Seal,
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31 March, 2023.
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SIMON HARRIS,
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Minister for Justice.
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