Written answers

Thursday, 27 November 2025

Department of Justice and Equality

Citizens Information Services

Photo of Ken O'FlynnKen O'Flynn (Cork North-Central, Independent Ireland Party)
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423. To ask the Tánaiste and Minister for Justice and Equality the public information, training, or official guidance the State provides to ensure that members of the public understand the lawful scope of a citizen's arrest, including the limits on force and obligations after detention. [66883/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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Section 4 of the Criminal Law Act 1997 confers powers of arrest on any person, including a member of An Garda Síochána, regarding arrestable offences. Where a person other than a member of An Garda Síochána arrests someone, it is subject to the provision that the arrested person is avoiding, or would otherwise attempt to avoid, arrest by a member of An Garda Síochána. It is also subject to the provision that the arrested person is transferred into the custody of An Garda Síochána as soon as is practicable.

As Minister, I cannot interpret the law nor can I provide legal advice. I cannot comment on the ‘lawful scope’ of statutory provisions as to do so would contravene judicial independence. The judiciary are independent in exercising their functions, given the separation of powers in the Constitution.

An Garda Síochána is responsible for operational policing matters and is responsible for investigating any alleged acts of criminality.

I would encourage any person to contact An Garda Síochána directly if they believe that a crime has been committed, or if there is danger of a criminal act occurring.

It is important to note that in an emergency, members of the public should dial 112/999 for emergency services.

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