Specialist Defence Services

Section 4 detention, how long they can hold you

Most people arrested in Ireland are held under section 4 of the Criminal Justice Act 1984. If somebody has told you the person is "in on a section 4", this is what that means.

The short answer

Six hours to begin with. That can be extended by a further Six hours by an inspector and be a further 12 hours by a Superintendant, and in practice a section 4 detention commonly runs to around twenty four hours in total.

Why it feels longer than twenty four hours

The clock stops. If somebody is arrested late in the evening, the overnight rest period does not count towards the detention time. A person arrested at eleven at night may not be released until well into the following afternoon, and the arithmetic still works out. This catches families badly. You are told twenty four hours, you count forward, and nothing happens at the hour you expected.

What happens during it

They will be searched, their property listed, and given a written notice of their rights. There will be a wait, then one or more interviews, all recorded, with a break in between each interview. The detention exists to allow questioning. That is its purpose. It is not a holding period while paperwork is done.

What you can do from outside

Ring the station and say the person wants a solicitor. Ask that the request be recorded. Anyone can make that call. Then ring us on 086 076 2191. The most useful thing you can tell us is the station and the fact that they are held under section 4, because it tells us how much time there is.

What happens at the end

One of three things. Released without charge. Released and a file sent to the DPP, which means a decision comes later. Or charged and brought before the next sitting of the District Court. Being released is not the same as it being over. A file to the DPP can take months and a charge can follow.

Ring

086 076 2191. Daniel Kreith answers his own phone, including at night.