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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 September 2010 - onwards
Version 2 of 2

16. Arrest of person in respect of whom section 15 applies may be authorised by District Court in certain circumstances.

(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