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Emergency Powers Act, 1976

| | Arrest, custody and questioning of persons suspected of certain offences. | **2.**—(1) A member of the Garda Síochána (on production of his identification card, if demanded, where he is not in uniform) may without warrant stop, search, question and arrest any person, or do any one or more of those things in respect of any person, if he suspects with reasonable cause that that person has committed, is committing or is about to commit an offence under the Offences against the State Act, 1939, or an offence which is for the time being a scheduled offence for the purposes of Part V of that Act, or if he suspects with reasonable cause that that person is carrying any document or other article or thing, or is in possession of information, relating to the commission or intended commission of the offence. | | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | | | (2) A member of the Garda Síochána (on production of his identification card, if demanded, where he is not in uniform) may, for the purpose of the exercise of any of the powers conferred by subsection (1) of this section, stop and search any vehicle or vessel which he suspects with reasonable cause to contain a person whom he is empowered by that subsection to arrest without warrant. | | | | (3) Whenever a person is arrested under this section, he may be removed to and kept in custody in a Garda station, prison, or other convenient place for a period of 48 hours from the time of his arrest and may, if a member of the Garda Síochána not below the rank of chief superintendent so directs, be kept in such custody for a further period not exceeding five days. | | | | (4) A person in custody under subsection (3) of this section may, at any time during such custody, be charged before the District Court or a special court established under Article 38.3.1° of the Constitution with an offence or be released by direction of a member of the Garda Síochána not below the rank of superintendent, and shall, if not so charged or released, be released at the expiration of the custody. | | | | (5) The powers conferred by section 30 of the Offences against the State Act, 1939, shall not be exercisable during a period when this section is in force. | |