Gardaí investigating crimes up to and including murder are to be given the power to detain suspects for 24 hours rather the current 12-hour maximum detention period.
Under the new system an officer at or above the rank of chief superintendent can authorise the extension of a suspect's detention for a second 12-hour period. The changes are provided for in the Criminal Justice Act 2006.
Tánaiste and Minister for Justice Michael McDowell yesterday informed the Cabinet of his intention to begin the process that will activate the new measures. He believes the extended detention time will aid the Garda's investigation of serious criminality.
Under the current system a person suspected of any one of a range of crimes, including murder where a firearm has not been used, is arrested under Section 4 of the Criminal Justice Act.
This allows for a six-hour detention, which can be extended for a second six-hour period by an officer at or above the rank of superintendent.
However, once that second six-hour period expires, the suspect must either be charged or released. Gardaí can only re-arrest the suspect if new evidence in the case emerges.
Gardaí have long insisted that given the seriousness of offences such as murder this 12-hour period is far too short.
In any crime involving a firearm, suspects are arrested under Section 30 of the Offences Against the State Act, under which they can be detained for up to 72 hours without charge.
Under the new changes now being implemented, a suspect can still be detained under Section 4 of the Criminal Justice Act for six hours, followed as before by a six-hour detention on the authorisation of a superintendent or higher officer. The new Section 9 of the Criminal Justice Act 2006, however, will then provide for a further 12-hour period of detention on the authorisation of a member of the Garda Síochána not below the rank of chief superintendent.
Regulations governing the treatment of people in custody will have to be changed to provide for the longer detention period. The amended regulations must then be approved by both Houses of the Oireachtas.
Meanwhile, the Garda Representative Association (GRA) has accused Mr McDowell of "jump- ing the gun" following his claim that the Garda now numbers over 14,000.
Mr McDowell has already been criticised by political opponents for including the 1,120 recruits in training in the overall number.
GRA general secretary PJ Stone said the Government's pre-election promise of an extra 2,000 fully qualified gardaí would not be met in the lifetime of the current Dáil.
Writing in the current issue of Garda Review, he noted the number of fully qualified gardaí in the force would reach 13,700 by the end of next year.
