Search & Warrant

Table of Contents

District Court Rules

Order 34

Miscellaneous Search Warrants

Order 34
Warrant—[under the Criminal Justice (Theft and Fraud Offences) Act, 2001 (No. 50 of 2001)

[1. Application for—venue
(1) An application by a member of the Garda Síochána to a Judge of the District Court for the issue of a warrant pursuant to section 48(2) of the Criminal Justice (Theft and Fraud Offences) Act 2001 (as substituted by section 192(1)(a) of the Criminal Justice Act 2006) may be made to the Judge of the District Court assigned to the District Court District wherein the place in respect of which the warrant is sought is situated. Such application shall be by the information on oath and in writing of such member in the Form 34.1, Schedule B. A warrant granted on foot of such information shall be in the Form 34.1A, Schedule B. ]

(2) An application by a member of the Garda Síochána for an order under section 50(2) of the said Act of 2001 for the forfeiture and subsequent disposal of any thing set out in section 50(1) of the said Act of 2001 may be made to the Judge of the District Court for the time being assigned to the District Court district in which the thing was seized and shall be preceded by the issue and service of a notice of application in the Form 34.2A, Schedule B upon:

(i) the relevant District Court Clerk,

(ii) the person, if any is identifiable, from whose possession the thing was seized and

(iii) any person who has claimed to the applicant to be the owner of or otherwise interested in the thing.

An order under section 50(2) of the Act of 2001 shall be in the Form 34.2B, Schedule B.

[(3) An application by a member of the Garda for an order under section 52(2) of the said Act of 2001 (as substituted by section 192(1)(b) of the Criminal Justice Act 2006) that a person produce material to a member of the Garda Síochána for the member to take away, or give such a member access to it, may be made to the Judge of the District Court assigned to the District Court District wherein the person in respect of whom such order is sought resides or carries on any trade or business. Such application shall be by the information on oath and in writing of such member in the Form 34.2C, Schedule B. An order made under section 52(2) of the Act of 2001 on foot of such information shall be in the Form 34.2D, Schedule B. ]

Rule 3 as substituted by art.3(ii) of the District Court (Search Warrants) Rules 2008 (S.I. No. 322 of 2008) with effect from August 10, 2008.

—under the National Monuments (Amendment) Act, 1987 (No. 17 of 1987)
2. Application for—venue
(1) An application for the issue of a search warrant pursuant to section 22 of the National Monuments (Amendment) Act, 1987 in relation to a place described in that section may be made at any sitting of the Court for the court district wherein such place is located.

—by sworn information

(2) Such application shall be by the information on oath and in writing in the Form 34.3, Schedule B, of the member of the Garda Síochána seeking the issue of the warrant.

Form of warrant

(3) A search warrant issued on foot of such information shall be in the Form 34.4, Schedule B.

—under the Prohibition of Incitement to Hatred Act, 1989 (No. 19 of 1989)
3. Application for—venue
(1) An application to a Judge of the District Court for the issue of a warrant pursuant to section 9 of the Prohibition of Incitement to Hatred Act, 1989 may, subject to the provisions of section 9 (3) of that Act, be made at any sitting of the Court for the court district wherein the premises or other place in respect of which the warrant is sought is situated.

—by sworn information

(2) Such application shall be by the information on oath and in writing in the Form 34.5 or 34.6, Schedule B, as appropriate, of a member of the Garda Síochána not below the rank of sergeant.

Forms of warrant

(3) A warrant issued on foot of such information shall be in the Form 34.7 or 34.8, Schedule B, as appropriate.

—under the Video Recordings Act, 1989 (No. 22 of 1989)
4. Application for—venue
(1) An application to a Judge of the District Court for the issue of a warrant pursuant to section 25 of the Video Recordings Act, 1989 may be made at any sitting of the Court for the court district wherein the premises or other place in respect of which the warrant is sought is situated.

—by sworn information

(2) Such application shall be by the information on oath and in writing in the Form 34.9, Schedule B, of a member of the Garda Síochána not below the rank of sergeant.

Form of warrant

(3) A warrant issued on foot of such information shall be in the Form 34.10, Schedule B.

—under the Firearms and Offensive Weapons Act, 1990 (No. 12 of 1990)
5. Application for—venue
(1) An application to a Judge of the District Court for the issue of a search warrant pursuant to section 15 of the Firearms and Offensive Weapons Act, 1990 may be made at any sitting of the Court for the court district wherein the premises in respect of which the warrant is sought are situated.

—by sworn information

(2) Such application shall be by the information on oath and in writing in the Form 34.11, Schedule B, of the member of the Garda Síochána seeking the issue of the warrant.

Form of warrant

(3) A search warrant issued on foot of such information shall be in the Form 34.12, Schedule B.

—under the Broadcasting Act, 1990 (No. 24 of 1990)
6. Application for—venue
(1) An application for the grant of a search warrant pursuant to section 14 of the Broadcasting Act, 1990 may be made at any sitting of the Court for the court district wherein the place in respect of which the warrant is sought is situated.

—by sworn information

(2) Such application shall be by the information on oath and in writing in the Form 34.13, Schedule B, of the member of the Garda Síochána seeking the grant of the warrant.

Form of warrant

(3) A warrant granted to the applicant on foot of such information shall be in the Form 34.14. Schedule B.

[— under the Companies Act 2014 (No. 38 of 2014)
7. Application for, — venue.
(1) An application for the issue of a warrant pursuant to section 787 of the Companies Act 2014 may be made at any sitting of the Court for the court district wherein the premises in respect of which the warrant is sought are situated.

— by sworn information.

(2) Such application shall be by the information on oath and in writing in the Form 34.15, Schedule B, laid by a designated officer (within the meaning of section 787(13) of the Companies Act 2014).

(3) A warrant issued to a designated officer on foot of such information shall be in the Form 34.16, Schedule B.

— extension.

(4) An application under section 787(10) of the Companies Act 2014 for an order extending the period of validity of a warrant shall be by the information on oath and in writing of the designated officer to whom the warrant was issued in the Form 34.15, Schedule B, with any necessary modifications. The information shall state, by reference to the purpose or purposes for which the warrant was issued, the reasons why the designated officer considers the extension to be necessary. The original warrant shall be produced to the Court on the hearing of an application for such extension and, where an order is made extending the period of validity of the warrant, the Judge shall cause the warrant to be suitably endorsed to indicate its extended period of validity in accordance with section 787(11) of the Companies Act 2014 and shall endorse thereon the date of the order for extension and resign the warrant.]

Rule 7 substituted by art. 2 of the District Court (Companies Act 2014: Search Warrants) Rules 2018 (S.I. No. 480 of 2018) with effect from 14 December 2018.

—under the Criminal Damage Act, 1991 (No. 31 of 1991)
8. Application for,
(1) An application by a member of the Garda Síochána for a search warrant under section 13 of the Criminal Damage Act, 1991 shall be by information on oath and in writing in the Form 34.17. Schedule B and may be made to the Judge of the District Court for the court district wherein the premises in respect of which the warrant is sought are situated.

Form of warrant

(2) A search warrant issued under section 13(2) of that Act by the Judge on foot of such information shall be in the Form 34.18. Schedule B or, where the property concerned is data or where the warrant is issued on a ground referred to in section 13(1)(c) of the Act. Form 34.19, Schedule B.

—under the Criminal Law (Sexual Offences) Act, 1993 (No. 20 of 1993)
9. Application for,
(1) Where the issue of a warrant pursuant to section 10(2) of the Criminal Law (Sexual Offences) Act, 1993 to search a premises and arrest a person is sought, application therefor may be made at any sitting of the Court for the court district wherein the premises are situated.

—by sworn information

(2) Such application shall be by the information on oath and in writing, in the Form 34.20. Schedule B, of a member of the Garda Síochána not below the rank of sergeant.

Form of warrant

(3) A warrant issued by a Judge to a member of the Garda Síochána on foot of such information shall be in the Form 34.21. Schedule B.

—under the Criminal Law Amendment Act, 1935 (No. 6 of 1935)
10. Application for,
(1) Where the issue of a search warrant pursuant to section 19 of the Criminal Law Amendment Act. 1935 in respect of premises suspected to be a brothel is sought, application therefor may be made at any sitting of the Court for the district court area wherein the premises concerned are situated.

—by sworn information

(2) Such application shall be by the information on oath and in writing, in the Fom 34.22. Schedule B, of a member of the Garda Síochána not below the rank of sergeant.

Form of warrant

(3) A search warrant issued by a Judge of the District Court on foot of such information shall be in the Form 34.23. Schedule B.

[—under the Child Trafficking and Pornography Act, 1998
11. Application for,
(1) An application to the District Court for the issue of a warrant pursuant to section 7 of the Child Trafficking and Pornography Act. 1998 may be made to the District Court Judge for the District Court district wherein the place in respect of which the warrant is sought is situated.

—by sworn information

(2) Such application shall be by the information on oath and in writing in the Form 34.24, Schedule B of a member of the Garda Síochána not below the rank of sergeant.

Form of warrant

(3) A warrant issued on foot of such information shall be in the Form 34.25, Schedule B.]

13.

[—under the Trade Marks Acts, 1996 (No. 6 of 1996), the Copyright and Related Rights Act, 2000 (No. 28 of 2000) or the Industrial Designs Act, 2001 (No. 39 of 2001)
14.
(1) In this rule:

“the Act of 1996” means the Trade Marks Act, 1996 (No. 6 of 1996);
“the Act of 2000” means the Copyright and Related Rights Act, 2000 (No. 28 of 2000);
“the Act of 2001” means the Industrial Designs Act, 2001 (No. 39 of 2001).
(2) An application by a member of the Garda Síochána for a warrant under section 25(2) of Act of 1996, section 143 or section 261 of the Act of 2000 or section 70 of the Act of 2001 shall be by information on oath and in writing of a member of the Garda Síochána in the Form 34.30, Schedule B and may be made to the Judge of the District Court for the court district wherein the premises or place, in respect of which the warrant is sought, is or are situated.

(3) A warrant issued under section 143 or section 261 of the Act of 2000 or section 70 of the Act of 2001 on foot of such information shall be in the Form 34.31, Schedule B. Awarrant issued under section 25(2) of the Act of 1996 on foot of such information shall be in the Form 34.32, Schedule B.]

15. [Warrant for purposes of the European Arrest Warrant Act, 2003 (No. 45 of 2003)
(1) An application to a Judge of the District Court by a member of the Garda Síochána for the issue of a warrant pursuant to section 25(4)(b) of the European Arrest Warrant Act, 2003 may be made to a Judge of the District Court assigned to the district within which the dwelling concerned is situated.

(2) Such application shall be by the information on oath and in writing in the Form 34.33, Schedule B of the member of the Garda Síochána applying for such warrant.

(3) A warrant issued on foot of such information shall be in the Form 34.34, Schedule B.]

[—under the Food Safety Authority of Ireland Act, 1998]
16. Application for
(1) An application to the District Court for the issue of a warrant pursuant to subsection (4) of section 50 of Food Safety Authority of Ireland Act, 1998 may be made to the Judge for the District Court district wherein the premises in respect of which the warrant is sought is situated.

—by sworn information

(2) Such application shall be by the information on oath and in writing in the Form 34.35, Schedule B of an authorised officer. A warrant issued on foot of such information shall be in the Form 34.36, Schedule B.]

[—under the Criminal Justice (Miscellaneous Provisions) Act 1997 (No. 4 of 1997) as amended by the Criminal Justice Act 2006 (No. 26 of 2006)

17.
An application by a member of the Garda Síochána not below the rank of sergeant for the issue of a warrant pursuant to section 10(1) of the Criminal Justice (Miscellaneous Provisions) Act 1997 (as substituted by section 6(1)(a) of the Criminal Justice Act 2006) may be made to the Judge of the District Court assigned to the District Court District wherein the place in respect of which the warrant is sought is situated. Such application shall be by the information on oath and in writing of such member in the Form 34.37, Schedule B. A warrant issued on foot of such information shall be in the Form 34.38, Schedule B.

—under the Criminal Assets Bureau Act 1996 (No. 31 of 1996) as amended by the Criminal Justice Act 2006 (No. 26 of 2006)

18.
An application by a bureau officer who is a member of the Garda Síochána for the issue of a warrant pursuant to section 14(1) of the Criminal Assets Bureau Act 1996 (as substituted by section 190(1) of the Criminal Justice Act 2006) may be made to the Judge of the District Court assigned to the District Court District wherein the place in respect of which the warrant is sought is situated. Such application shall be by information on oath and in writing of such bureau officer in the Form 34.39, Schedule B. A warrant issued on foot of such information shall be in the Form 34.40, Schedule B.

—under the Prevention of Corruption (Amendment) Act 2001 (No. 27 of 2001) as amended by the Criminal Justice Act 2006 (No. 26 of 2006)

19.
An application by a member of the Garda Sıacute;ochána for the issue of a warrant pursuant to section 5 of the Prevention of Corruption (Amendment) Act 2001 (as substituted by section 191(1) of the Criminal Justice Act 2006) may be made to the Judge of the District Court assigned to the District Court District wherein the place in respect of which the warrant is sought is situated. Such application shall be by information on oath and in writing of such member in the Form 34.41, Schedule B. A warrant issued on foot of such information shall be in the Form 34.42, Schedule B. ]

20. [Under the Consumer Protection Act 2007 (No.19 of 2007)
An application by an authorised officer (for the time being appointed or continued as such in accordance with section 30 of the Consumer Protection Act 2007 (No 19 of 2007) for the issue of a warrant pursuant to section 30(10) of the said Act of 2007 may be made to the Judge of the District Court assigned to the District Court district wherein the premises in respect of which the warrant is sought are situated. Such application shall be by sworn information in writing of such authorised officer in the Form 34.43, Schedule B. A warrant issued on foot of such information shall be in the Form 34.44, Schedule B.]

21. [-Under the Criminal Justice (Mutual Assistance) Act 2008 (No. 7 of 2008)
(1) An application pursuant to section 74(7) of the Criminal Justice (Mutual Assistance) Act 2008 by a member of the Garda Síochána not below the rank of inspector for the issue of a warrant pursuant to section 74(8) of the said Act may be made to the Judge of the District Court assigned to the District Court District where the place concerned is situated, by the information on oath and in writing of such member in the Form 34.45, Schedule B. A warrant granted on foot of such information shall be in the Form 34.46, Schedule B.

(2) An application under section 75(8) of the said Act of 2008 by a member of the Garda Síochána not below the rank of inspector for an order under section 75(10) (a) of the said Act of 2008 that a person produce evidential material to a named member of the Garda Síochána so that he or she may take it away, or give such member access to it, and/or for an order under section 75(10)(b) of the said Act to require any person who appears to the Judge to be entitled to grant entry to the place to allow the member to enter it to obtain access to the material may be made to the Judge of the District Court assigned to the District Court District wherein the evidential material is situated by the information on oath and in writing of such member in the Form 34.47, Schedule B. An application by a member of the Garda Síochána for an order under section 75(10)(b) of the said Act of 2008 may be made to the Judge of the District Court assigned to the District Court District wherein the evidential material is situated by the information on oath and in writing of such member in the Form 34.48, Schedule B. An order made under section 75(10) of the said Act of 2008 on foot of such information shall be in the Form 34.49, Schedule B.

(3) An application for an order under section 75(14) of the said Act of 2008 varying or discharging an order made under section 75(10) shall, unless the Judge otherwise permits, be preceded by the issue of a notice of application in the Form 34.50, Schedule B. A copy of the notice of application shall be served upon the member of the Garda Síochána named in the order or the person to whom the order relates not later than four days before the date fixed for the hearing of the application, and the original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. The original order shall be produced in court on the hearing of any application for an order varying or discharging it. Any variation ordered may be endorsed on the original or a copy of the order and dated and signed by the Judge.

22. [-Under section 63 of the Criminal Justice Act 1994 (No. 15 of 1994)(as substituted by section 105(g) of the Criminal Justice (Mutual Assistance) Act 2008
(1) An application under section 63(1) of the Criminal Justice Act 1994 by a member of the Garda Síochána for an order under section 63(3) of the said Act that a person produce material to a named member of the Garda Síochána so that he or she may take it away, or give such member access to it, may be made to the Judge of the District Court assigned to the District Court District wherein the material is situated, by the information on oath and in writing of such member in the Form 34.51, Schedule B. An order made on foot of such information shall be in the Form 34.52, Schedule B.

(2) An application under section 63(7) of the said Act for an order varying or discharging an order made under section 63(3) shall, unless the Judge otherwise permits, be preceded by the issue of a notice of application in the Form 34.53, Schedule B. A copy of the notice of application shall be served upon the member of the Garda Síochána named in the order or the person to whom the order relates not later than four days before the date fixed for the hearing of the application, and the original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. The original order shall be produced in court on the hearing of any application for an order varying or discharging it. Any variation ordered may be endorsed on the original or a copy of the order and dated and signed by the Judge.]

23. [-Under section 12(4) of the Criminal Justice (Psychoactive Substances) Act 2010 (No. 22 of 2010)
An application by a member of the Garda Síochána not below the rank of sergeant for the issue of a warrant pursuant to section 12(4) of the Criminal Justice (Psychoactive Substances) Act 2010 may be made to the Judge of the District Court assigned to the District Court District wherein the dwelling in respect of which the warrant is sought is situated. Such application shall be by information on oath and in writing of such member in the Form 34.54, Schedule B, and shall be made and heard in accordance with Order 12, rule 27. A warrant issued on foot of such information shall be in the Form 34.55, Schedule B.]

24. [Under the Criminal Procedure Act 2010
An application pursuant to section 18(2) of the Criminal Procedure Act 2010 by a member of the Garda Síochána not below the rank of superintendent for the issue of a warrant may be made to the Judge of the District Court assigned to the District Court District wherein the place in respect of which the warrant is sought is situated. Such application shall be by information on oath and in writing of such member in the Form 34.56, Schedule B, and shall be made and heard in accordance with Order 12, rule 27. A warrant issued on foot of such information shall be in the Form 34.57, Schedule B.]

25. [-Under section 78 or section 78 as applied by section 103 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6 of 2010)
An application by an authorised officer or, as the case may be, by a relevant authorised officer, for the issue of a warrant pursuant to section 78(2) of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 may be made to the Judge of the District Court assigned to the District Court District wherein the premises in respect of which the warrant is sought is situated. Such application shall be by information on oath and in writing of such officer in the Form 34.58, Schedule B, and shall be made and heard in accordance with Order 12, rule 27. A warrant issued on foot of such information shall be in the Form 34.59, Schedule B. ]

(…)

CRIMINAL LAW ACT, 1976

AN ACT TO AMEND THE CRIMINAL LAW. [24th September, 1976]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Search warrants relating to commission of offences under Act of 1939 etc.

5.—The following section is hereby substituted for section 29 of the Act of 1939 :

“29.—(1) Where a member of the Garda Síochána not below the rank of superintendent is satisfied that there is reasonable ground for believing that evidence of or relating to the commission or intended commission of an offence under this Act or the Criminal Law Act, 1976, or an offence which is for the time being a scheduled offence for the purposes of Part V of this Act, or evidence relating to the commission or intended commission of treason, is to be found in any building or part of a building or in any vehicle, vessel, aircraft or hovercraft or in any other place whatsoever, he may issue to a member of the Garda Síochána not below the rank of sergeant a search warrant under this section in relation to such place.

(2) A search warrant under this section shall operate to authorise the member of the Garda Síochána named in the warrant, accompanied by any members of the Garda Síochána or the Defence Forces, to enter, within one week from the date of the warrant, and if necessary by the use of force, any building or part of a building or any vehicle, vessel, aircraft or hovercraft or any other place named in the warrant, and to search it and any person found there, and to seize anything found there or on such person.

(3) A member of the Garda Síochána or the Defence Forces acting under the authority of a search warrant under this section may—

(a) demand the name and address of any person found where the search takes place, and

(b) arrest without warrant any such person who fails or refuses to give his name and address when demanded, or gives a name or address which is false or misleading or which the member with reasonable cause suspects to be false or misleading.

(4) Any person who obstructs or attempts to obstruct any member of the Garda Síochána or the Defence Forces acting under the authority of a search warrant under this section or who fails or refuses to give his name and address when demanded, or gives a name or address which is false or misleading, shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £500 or to imprisonment for a term not exceeding 12 months, or to both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(5) Any reference in subsection (1) of this section to an offence includes a reference to attempting or conspiring to commit the offence.”.

Escape from custody.

6.—(1) Any person who—

(a) aids any person in escaping or attempting to escape from lawful custody or, with intent to facilitate the escape of any person from lawful custody or enable a person after escape to remain unlawfully at large, or with intent to cause injury to persons or property in a place where a person is in lawful custody, conveys any article or thing into or out of such a place or to a person in such a place or places any article or thing inside or outside such a place, or

(b) makes, or takes part in, any arrangement for the purpose of enabling a person to escape from lawful custody, facilitating such an escape, enabling a person after escape to remain unlawfully at large, or causing injury to persons or property in a place where a person is in lawful custody,

shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years.

(2) Any person who, contrary to any rules or regulations in force in relation to a prison, conveys or attempts to convey any article or thing into or out of the prison or to a person in the prison, or places any article or thing in any place inside or outside the prison with intent that it shall come into the possession of a person in the prison, shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £500 or to imprisonment for a term not exceeding 12 months, or to both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(3) A prison officer may in the interests of security search any person at any time while he is in a prison or while he is in the custody of the governor of a prison.

Power of Garda Síochána in relation to certain arrested persons.

7.—(1) Where a person is in custody under the provisions of section 30 of the Act of 1939 or section 2 of the Emergency Powers Act, 1976, a member of the Garda Síochána may do all or any of the following in respect of him :

(a) demand of him his name and address;

(b) search him or cause him to be searched;

(d) take, or cause to be taken, his fingerprints and palm prints;

(e) make or cause to be made any test designed for the purpose of ascertaining whether he has been in contact with any firearm (within the meaning of the Firearms Acts, 1925 to 1971) or with any explosive substance (within the meaning of the Explosive Substances Act, 1883 ) and for that purpose take swabs from his skin or samples of his hair;

(f) seize and retain for testing anything that he has in his possession.

(2) Any person who obstructs or attempts to obstruct any member of the Garda Síochána or any other person acting under the powers conferred by subsection (1) of this section, or who fails or refuses to give his name and address when demanded, or gives a name or address which is false or misleading, shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £500 or to imprisonment for a term not exceeding 12 months, or to both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

Power of Garda Síochána to search vehicles and persons in vehicles.

8.—(1) This section applies to:

(a) an offence under the Act of 1939 or an offence that is for the time being a scheduled offence for the purposes of Part V of that Act;

(b) an offence under section 2 or 3 of the Criminal Law (Jurisdiction) Act, 1976 ;

(d) an offence under section 23 , 23A or 23B of the Larceny Act, 1916 ;

(e) an offence of malicious damage to property involving the use of fire or of any explosive substance (within the meaning of section 7 (1) (e) of this Act);

(f) an offence under the Firearms Acts, 1925 to 1971;

(g) escape from lawful custody;

(h) an offence under section 11 of the Air Navigation and Transport Act, 1973 , or under section 10 of the Criminal Law (Jurisdiction) Act, 1976 ;

(i) an offence under this Act.

(2) Where a member of the Garda Síochána who with reasonable cause suspects that an offence to which this section applies has been, is being or is about to be committed requires a person to stop a vehicle with a view to ascertaining whether—

(a) any person in or accompanying the vehicle has committed, is committing or is about to commit the offence, or

(b) evidence relating to the commission or intended commission of the offence by any person is in or on the vehicle or on any person in or accompanying it,

he may search the vehicle, and if (whether before or after the commencement of the search) he suspects with reasonable cause that any of the facts mentioned in paragraph (a) or (b) above exists, he may search any person in or accompanying the vehicle.

(3) A member of the Garda Síochána may use reasonable force in order to compel a person to comply with a requirement to stop a vehicle, and such force may include the placing of a barrier or other device in the path of vehicles.

(4) Any reference in subsection (1) of this section to an offence includes a reference to attempting or conspiring to commit the offence.

Power to retain articles seized.

9.—(1) Where in the course of exercising any powers under this Act or in the course of a search carried out under any other power, a member of the Garda Síochána, a prison officer or a member of the Defence Forces finds or comes into possession of anything which he believes to be evidence of any offence or suspected offence, it may be seized and retained for use as evidence in any criminal proceedings, or in any proceedings in relation to a breach of prison discipline, for such period from the date of seizure as is reasonable or, if proceedings are commenced in which the thing so seized is required for use in evidence, until the conclusion of the proceedings, and thereafter the Police (Property) Act, 1897 , shall apply to the thing so seized in the same manner as that Act applies to property which has come into the possession of the Garda Síochána in the circumstances mentioned in that Act.

(2) If it is represented or appears to a person proposing to seize or retain a document under this section that the document was, or may have been, made for the purpose of obtaining, giving or communicating legal advice from or by a barrister or solicitor, that person shall not seize or retain the document unless he suspects with reasonable cause that the document was not made, or is not intended, solely for any of the purposes aforesaid.

Prohibition of giving certain false information.

12.—Any person who—

(a) knowingly makes a false report or statement tending to show that an offence has been committed, whether by himself or another person, or tending to give rise to apprehension for the safety of persons or property, or

(b) knowingly makes a false report or statement tending to show that he has information material to any inquiries by the Garda Síochána and thereby causes the time of the Garda Síochána to be wastefully employed,

shall be guilty of an offence and shall be liable—

(i) on summary conviction, to a fine not exceeding £500 or to imprisonment for a term not exceeding 12 months, or to both, or

(ii) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

Offence committed while serving sentence.

13.—(1) Any sentence of penal servitude or imprisonment or of detention in Saint Patrick’s Institution passed on a person for an offence committed while he is serving any such sentence shall be consecutive on the sentence that he is serving or, if he is serving or is due to serve more than one sentence, on the sentence last due to expire, so however that, where two or more consecutive sentences as required by this section are passed by the District Court, the aggregate term of imprisonment or detention in respect of those consecutive sentences shall not exceed twelve months.

(2) Subsection (1) of this section shall not apply in any case where the sentence being served or to be passed is a sentence of penal servitude for life or imprisonment for life.

(3) Subsection (1) of this section shall apply notwithstanding any thing contained in section 5 of the Criminal Justice Act, 1951 .

Restriction of meaning of “document” in sections 13 and 14 of Act of 1939.

14.—In sections 13 and 14 of the Act of 1939, “document” does not include any of the things specified in the amendment of the definition of “document” made by section 5 of the Offences against the State (Amendment) Act, 1972.

Power of Defence Forces to arrest and search in certain circumstances.

15.—(1) The powers conferred by subsections (3) and (4) of this section may be exercised only in accordance with subsection (2) of this section.

(2) Whenever a member of the Garda Síochána not below the rank of superintendent requests an officer of the Defence Forces to make members of the Defence Forces available for the purpose of the exercise of the powers conferred by subsections (3) and (4) of this section during a period specified in the request, the officer may make—

(a) himself and one or more members of the Defence Forces under his command, or

(b) one or more members of the Defence Forces under his command,

available for the purpose aforesaid, and a member of the Defence Forces made available as aforesaid may, while on duty in uniform during the period specified in the request, exercise the powers conferred by the said subsections (3) and (4).

(3) (a) A member of the Defence Forces who with reasonable cause suspects that an offence to which section 8 of this Act applies has been, is being or is about to be committed may require a person to stop a vehicle with a view to ascertaining whether—

(i) any person in or accompanying the vehicle has committed, is committing or is about to commit the offence, or

(ii) evidence relating to the commission or intended commission of the offence by any person is in or on the vehicle or on any person in or accompanying it,

and he may search the vehicle, and if (whether before or after the commencement of the search) he suspects with reasonable cause that any of the facts mentioned in subparagraph (i) or (ii) above exists, he may search any person in or accompanying the vehicle.

(b) A member of the Defence Forces may use reasonable force in order to compel a person to comply with a requirement to stop a vehicle, and such force may include the placing of a barrier or other device in the path of vehicles.

(4) (a) A member of the Defence Forces may arrest without warrant a person whom he, with reasonable cause, suspects to be in the act of committing, of having committed or of being about to commit an offence to which section 8 of this Act applies and in relation to which a member of the Garda Síochána would be entitled, if he so suspected, to arrest the person.

(b) For the purpose of arresting a person under this subsection, a member of the Defence Forces shall have the same power to enter and search any building or part of a building or any vehicle, vessel, aircraft or hovercraft or any other place as a member of the Garda Síochána would have in like circumstances.

(5) A person arrested under this section shall, as soon as may be, be delivered into the custody of the Garda Síochána or released and shall in any event, if he has not then been so delivered, be released upon the expiration of 6 hours from the time of his arrest.

(6) A person effecting an arrest under this section complies with any rule of law requiring him to state the ground of arrest if he states that he is effecting an arrest as a member of the Defence Forces because he suspects the person being arrested of being in the act of committing, of having committed or of being about to commit, as the case may be, an offence to which section 8 of this Act applies.

(7) (a) Where a power conferred by subsection (3) or (4) of this section is exercised, a certificate signed by an officer of the Defence Forces not below the rank of commandant and stating—

(i) that a request was made under subsection (2) of this section on a specified date by a member of the Garda Síochána not below the rank of superintendent named in the certificate to an officer of the Defence Forces named in the certificate,

(ii) that the power aforesaid was exercised by the officer named in the certificate or, as the case may be, by a member or members of the Defence Forces under his command or by that officer and a member or members of the Defence Forces under his command, and that, at the time of such exercise, those exercising the power were on duty in uniform and had been made available pursuant to the request aforesaid, and

(iii) that the power aforesaid was exercised during the period specified in the request.

shall, without proof of the signature of the person purporting to have signed the certificate or that he was an officer of the Defence Forces not below the rank of commandant, be evidence in any proceedings of the matters certified in and by the certificate.

(b) Where a power conferred by subsection (3) or (4) of this section is exercised, a certificate signed by a member of the Garda Síochána not below the rank of superintendent and stating that a request was made under subsection (2) of this section on a specified date by a member of the Garda Síochána not below the rank of superintendent named in the certificate to an officer of the Defence Forces named in the certificate shall, without proof of the signature of the person purporting to have signed the certificate or that he was a member of the Garda Síochána not below the rank of superintendent, be evidence in any proceedings of the matters certified in and by the certificate.

(8) This section shall have effect only as long as the Emergency Powers Act, 1976 is in force.

Short title and application.

16.—(1) This Act may be cited as the Criminal Law Act, 1976.

(2) Sections 2 and 11 of this Act shall not apply in relation to offences committed before the passing of this Act and the reference in section 13 (1) of this Act to an offence is a reference to an offence committed after such passing.

CRIMINAL LAW 1997

Search warrants in relation to serious offences.

10.—(1) A judge of the District Court, on hearing evidence on oath given by a member not below the rank of inspector, may, if he or she is satisfied that there are reasonable grounds for suspecting that evidence of, or relating to the commission of—

(a) an indictable offence involving the death of or serious bodily injury to any person,

(b) an offence of false imprisonment,

(d) an offence under an enactment set out in the First Schedule to this Act,

is to be found in any place, issue a warrant for the search of that place and any persons found at that place.

(2) A warrant under this section shall be expressed to and shall operate to authorise a named member, accompanied by any other member, to enter, within one week of the date of issuing of the warrant (if necessary by the use of reasonable force), the place named on the warrant, and to search it and any persons found at that place and seize anything found at that place, or anything found in the possession of a person present at that place at the time of the search, which the said member reasonably believes to be evidence of or relating to an offence referred to in subsection (1).

(3) A member acting under the authority of a warrant under this section may—

(a) require any person present at the place where the search is carried out to give to the member his or her name and address, and

(b) arrest otherwise than on foot of a warrant any person—

(i) who obstructs or attempts to obstruct that member in the carrying out of his or her duties,

(ii) who fails to comply with a requirement under paragraph (a), or

(iii) who gives a name or address which the member has reasonable cause for believing is false or misleading.

(4) A person who obstructs or attempts to obstruct a member acting under the authority of a warrant under this section, who fails to comply with a requirement under paragraph (a) of subsection (3) or who gives a false name or address to a member shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500, or to imprisonment for a period not exceeding 6 months, or to both.

(5) The power to issue a warrant under this section is in addition to and not in substitution for any other power to issue a warrant for the search of any place or person.

(6) In this section—

“commission” in relation to an offence, includes an attempt to commit such offence; and

“place” includes a dwelling.

Electronic recording of fingerprints and palmprints.

11.—(1) A power under any enactment, whether passed before or after the passing of this Act, to take the fingerprints or palmprints of any person shall include the power to record an image of that person’s fingerprints or palmprints by electronic means or in any other manner.

(2) A photograph, or an image of any fingerprint or palmprint attached to or contained in a certificate purporting to be signed by the member who took such photograph or recorded such image and stating that—

(a) the said photograph is that of a specified person, or

(b) the said image is that of the fingerprint or palmprint, as the case may be, of a specified person,

and was taken or recorded, as the case may be, by the said member, shall, unless the contrary is proved, be evidence of the matters stated in the certificate.

CRIMINAL JUSTICE ACT 2006

REVISED

Updated to 19 July 2023

AN ACT TO AMEND AND EXTEND THE POWERS OF THE GARDA SÍOCHÁNA IN RELATION TO THE INVESTIGATION OF OFFENCES; TO AMEND CRIMINAL LAW AND PROCEDURE IN OTHER RESPECTS, INCLUDING PROVISION FOR THE ADMISSIBILITY IN EVIDENCE OF CERTAIN WITNESS STATEMENTS, AN EXTENSION OF THE CIRCUMSTANCES IN WHICH THE ATTORNEY GENERAL IN ANY CASE OR, IF HE OR SHE IS THE PROSECUTING AUTHORITY IN A TRIAL, THE DIRECTOR OF PUBLIC PROSECUTIONS MAY REFER A QUESTION OF LAW TO THE SUPREME COURT FOR DETERMINATION OR TAKE AN APPEAL IN CRIMINAL PROCEEDINGS, PROVISION FOR OFFENCES RELATING TO ORGANISED CRIME, AMENDMENTS TO THE MISUSE OF DRUGS ACT 1977, AN OBLIGATION, IN THE INTERESTS OF THE COMMON GOOD, ON PERSONS CONVICTED ON INDICTMENT OF CERTAIN DRUG TRAFFICKING OFFENCES TO NOTIFY CERTAIN INFORMATION TO THE GARDA SÍOCHÁNA, PROVISIONS IN RELATION TO SENTENCING, A RESTRICTION OF THE OFFENCES TO WHICH SECTION 10(4) OF THE PETTY SESSIONS (IRELAND) ACT 1851 APPLIES, AN AMENDMENT OF THE JURISDICTION OF THE DISTRICT COURT AND THE CIRCUIT COURT IN CRIMINAL MATTERS, THE IMPOSITION OF FIXED CHARGES IN RESPECT OF CERTAIN OFFENCES UNDER THE CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994 AND AN AMENDMENT OF THE PETTY SESSIONS (IRELAND) ACT 1851 RELATING TO THE ISSUE AND EXECUTION OF CERTAIN WARRANTS; TO AMEND THE FIREARMS ACTS 1925 TO 2000 AND THE EXPLOSIVES ACT 1875; TO MAKE PROVISION IN RELATION TO ANTI-SOCIAL BEHAVIOUR BY ADULTS AND CHILDREN; TO AMEND THE CHILDREN ACT 2001; TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS AN COISTE COMHAIRLEACH UM CHÓDÚ AN DLÍ CHOIRIÚIL OR, IN THE ENGLISH LANGUAGE AS, THE CRIMINAL LAW CODIFICATION ADVISORY COMMITTEE AND TO PROVIDE FOR RELATED MATTERS.

[16th July, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1
Terms “probation officer”, “welfare officer” and “probation and welfare officer” construed (1.10.2011 with retrospective effect from 19.05.2006) by Criminal Justice (Community Service) (Amendment) Act 2011 (24/2011), s. 13, in effect as per s. 13(4).

References to Probation and Welfare Service, etc.

13.— …

(2) A person appointed by the Minister who was before the coming into operation of this section referred to as—

(a) a probation officer,

(b) a welfare officer, or

shall, on and after that date, be referred to as a probation officer and, references in any enactment to an officer referred to in paragraph (a), (b) or (c) shall be construed accordingly.

C2
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

…

Schedule 1

Enactments

…

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

…

No. 26 of 2006

Criminal Justice Act 2006

Sections 112, 118(7), 119(3), 170(3)

and 174

…

C3
Application of collectively cited Firearms Acts 1925 to 2009 extended by European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), reg. 8, as amended (29.10.2010) by European Communities (Acquisition and Possession of Weapons and Ammunition) (Amendment) Regulations 2010 (S.I. No. 493 of 2010), reg. 3(1)(c), in effect as per reg. 1(3).

Provisions of Firearms Acts and other Statutes.

8. The provisions of the Firearms Acts and other relevant statutes, including provisions relating to powers of the Garda Síochána and Customs Officers, shall extend to a European Firearms Pass or other document to which these Regulations relate and a reference in those enactments to a firearm certificate shall, where the context so admits, include reference to any such document.

…

PART 1

Preliminary and General

Short title and commencement.

1.— (1) This Act may be cited as the Criminal Justice Act 2006.

(2) This Act, other than Parts 11 and 13, shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) Parts 11 and 13 come into operation on such day or days as the Minister may, after consulting with the Commissioner of the Garda Síochána, appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(4) The Firearms Acts 1925 to 2000, Part 5 and Schedule 1 may be cited together as the Firearms Acts 1925 to 2006 and shall be construed together as one.

(5) The Explosives Act 1875, Part 6 and Schedule 2 may be cited together as the Explosives Acts 1875 and 2006 and shall be construed together as one.

(6) The collective citation “the Misuse of Drugs Acts 1977 to 2006” shall include Part II (other than section 7) of the Criminal Justice Act 1999 and Part 8 (other than section 86 ) and those Acts and those Parts (other than the sections specified) shall be construed together as one.

Annotations

Editorial Notes:

E1
A table of commencement information ordered by section is available at https://www.irishstatutebook.ie/eli/isbc/2006_26.html.

E2
Power pursuant to section exercised (2.07.2010) by Criminal Justice Act 2006 (Commencement) Order 2010 (S.I. No. 336 of 2010).

2. The 2 July 2010 is appointed as the day on which the following provisions of the Criminal Justice Act 2006 (No. 26 of 2006) shall come into operation:

(a) section 108(4);

(b) section 109;

(d) section 112 (other than paragraph (a)).

E3
Power pursuant to section exercised (1.08.2009) by Criminal Justice Act 2006 (Commencement) Order 2009 (S.I. No. 309 of 2009).

2. The 1st day of August 2009 is appointed as the day on which sections 28, 30, 32 and 33 of the Criminal Justice Act 2006 (No. 26 of 2006) shall come into operation.

E4
Power pursuant to section exercised (1.01.2008) by Criminal Justice Act 2006 (Commencement) (No. 4) Order 2007 (S.I. 848 of 2007).

2. The 1st day of January 2008 is appointed as the day on which section 38 of the Criminal Justice Act 2006 (No. 26 of 2006) shall come into operation.

E5
Power pursuant to section exercised (10.09.2007) by Criminal Justice Act 2006 (Commencement) (No. 3) Order 2007 (S.I. No. 600 of 2007).

2. The 10th day of September 2007 is appointed as the day on which section 132 of the Criminal Justice Act 2006 (No. 26 of 2006) (in so far as it relates to the insertion of section 76A(1)(c) (as amended by section 16 of the Child Care (Amendment) Act 2007 (No. 26 of 2007)) of the Children Act 2001 (No. 24 of 2001)) shall come into operation.

E6
Power pursuant to section exercised (20.02.2007 and 1.03.2007) by Criminal Justice Act 2006 (Commencement) (No. 2) Order 2007 (S.I. No. 65 of 2007).

3. The 20th day of February 2007 is appointed as the day on which section 148 (in so far as it relates to the insertion of subsections (1) and (9) of section 159B of the Act of 2001) of the Act of 2006 shall come into operation.

4. The 1st day of March 2007 is appointed as the day on which Parts 12 and 13 of the Act of 2006, other than—

(a) section 132 (in so far as it relates to the insertion of section 76A(1)(c) of the Act of 2001), and

(b) section 144,

shall, in so far as not already in operation, come into operation.

E7
Power pursuant to section exercised (1.02.2007) by Criminal Justice Act 2006 (Commencement) Order 2007 (S.I. No. 25 of 2007).

2. The 1st day of February 2007 is appointed as the day on which Part 14 of the Criminal Justice Act 2006 (No. 26 of 2006) shall come into operation.

E8
Power pursuant to section exercised (1.01.2007) by Criminal Justice Act 2006 (Commencement) (No. 5) Order 2006 (S.I. No. 689 of 2006).

2. The 1st day of January 2007 is appointed as the day on which Part 11 of the Criminal Justice Act 2006 (No. 26 of 2006) shall come into operation.

E9
Power pursuant to section exercised (14.12.2006) by Criminal Justice Act 2006 (Commencement) (No. 4) Order 2006 (S.I. No. 622 of 2006).

2. The 14th day of December 2006 is appointed as the day on which paragraphs (c) and (d) of section 9 of the Criminal Justice Act 2006 (No. 26 of 2006) shall come into operation.

E10
Power pursuant to section exercised (1.12.2006) by Children Act 2001 (Amendments to Part 11) (Commencement) Order 2006 (S.I. No. 590 of 2006).

2. The 1st day of December 2006 is appointed as the day on which the amendments made to Part 11 of the Children Act 2001 (No. 24 of 2001) in sections 156 and 157 of, and paragraph 30 of Schedule 4 to, the Criminal Justice Act 2006 (No 26 of 2006) shall come into operation.

E11
Power pursuant to section exercised (29.11.2006) by Criminal Justice Act 2006 (Commencement) (No. 3) Order 2006 (S.I. No. 586 of 2006).

2. The 29th day of November 2006 is appointed as the day on which section 121(d) of the Criminal Justice Act 2006 (No. 26 of 2006) shall come into operation.

E12
Power pursuant to section exercised (16.10.2006) by Criminal Justice Act 2006 (Commencement) (No. 2) Order 2006 (S.I. No. 529 of 2006).

3. The 16th day of October 2006 is appointed as the day on which the following provisions of the Act of 2006 shall come into operation:

(a) sections 120, 121(a), 128, 129 and 130, and

(b) section 158 of, and Schedule 4 to, the Act of 2006 in so far as they relate to the amendment of the provision of the Children Act 2001 (No. 24 of 2001) specified at reference number 5 of that Schedule.

E13
Power pursuant to section exercised (1.08.2006 and others) by Criminal Justice Act 2006 (Commencement) Order 2006 (S.I. No. 390 of 2006).

3. The 1st day of August 2006 is appointed as the day on which—

(a) Parts 1 to 8 (other than paragraphs (c) and (d) of section 9 of Part 2 and sections 28, 30, 32, 33, 38, 40, 42, 57, 58, 59, 60, 61 and 65 of Part 5),

(b) Part 15, and

of the Act of 2006 shall come into operation.

4. The 2nd day of October 2006 is appointed as the day on which—

(a) Parts 9 and 10 (other than sections 101(10), 101(12)(c), 102, 103(1)(d), 103(4)(d), 107, 108(4), 109, 111 and 112 of Part 10), and

(b) Schedule 3,

of the Act of 2006 shall come into operation.

5. The 1st day of November 2006 is appointed as the day on which sections 42, 57, 58, 59, 60, 61 and 65 of Part 5 of the Act of 2006 shall come into operation.

Interpretation.

2.— (1) In this Act, unless the context otherwise requires—

“Act of 1939” means the Offences Against the State Act 1939;

“Act of 1967” means Criminal Procedure Act 1967;

“Act of 1984” means Criminal Justice Act 1984;

“arrestable offence” has the meaning it has in section 2 (as amended by section 8) of the Criminal Law Act 1997;

“Minister” means Minister for Justice, Equality and Law Reform;

“place” includes a dwelling.

(2) In this Act, where the context so requires—

(a) a reference to an offence shall be construed as including a reference to a suspected offence, and

(b) a reference to the commission of an offence shall be construed as including a reference to the attempted commission of an offence.

Regulations.

3.— (1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

(2) Every regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Expenses.

4.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2

Investigation of Offences

Designation of place as crime scene.

5.— (1) Where a member of the Garda Síochána is in—

(a) a public place, or

(b) any other place under a power of entry authorised by law or to which or in which he or she was expressly or impliedly invited or permitted to be,

and he or she has reasonable grounds for believing that—

(i) an arrestable offence was, is being, or may have been committed in the place, or

(ii) there is, or may be, in the place evidence of, or relating to, the commission of an arrestable offence that was or may have been committed elsewhere,

he or she may, pending the giving of a direction under subsection (3) in relation to the place, take such of the steps specified in subsection (4) as he or she reasonably considers necessary to preserve any evidence of, or relating to, the commission of the offence.

(2) A member of the Garda Síochána who exercises powers under subsection (1) shall, as soon as reasonably practicable, request or cause a request to be made to a member of the Garda Síochána not below the rank of superintendent to give a direction under subsection (3) in relation to the place concerned.

(3) A member of the Garda Síochána not below the rank of superintendent may give a direction designating a place as a crime scene if he or she has reasonable grounds for believing that—

(a) either—

(i) an arrestable offence was, is being, or may have been committed in the place, or

(ii) there is, or may be, in the place evidence of, or relating to, the commission of an arrestable offence that was, or may have been, committed elsewhere,

and

(b) it is necessary to designate the place as a crime scene to preserve, search for and collect evidence of, or relating to, the commission of the offence.

(4) A direction under subsection (3) shall authorise such members of the Garda Síochána as a member of the Garda Síochána not below the rank of superintendent considers appropriate to take such steps, including all or any of the following, as they reasonably consider necessary to preserve, search for and collect evidence at the crime scene to which the direction relates:

(a) delineating and segregating the area of the crime scene by means of notices, markings or barriers;

(b) directing a person to leave the crime scene;

(d) directing a person not to enter the crime scene;

(e) preventing a person from entering the crime scene;

(f) permitting a person authorised under subsection (5) to enter the crime scene;

(g) preventing a person from removing anything which is, or may be, evidence or otherwise interfering with the crime scene or anything at the scene;

(h) securing the crime scene from any unauthorised intrusion or disturbance;

(i) searching the crime scene and examining the scene and anything at the scene; and

(j) photographing or otherwise recording the crime scene or anything at the scene.

(5) A member of the Garda Síochána not below the rank of superintendent may authorise such persons as he or she considers appropriate to enter a crime scene for a specified purpose and for such period as he or she may determine.

(6) The period for which a direction under subsection (3) is in force shall not be longer than is reasonably necessary to preserve, search for and collect the evidence concerned.

(7) A direction under subsection (3) in relation to a place other than a public place shall, subject to subsections (9) to (11) , cease to be in force 24 hours after it is given.

(8) (a) A direction under subsection (3) may be given orally or in writing and, if it is given orally, shall be recorded in writing as soon as reasonably practicable but a failure to record the direction shall not by itself render any evidence inadmissible.

(b) A direction under subsection (3) or, if it is given orally, the written record of it shall be signed by the member of the Garda Síochána giving it, shall describe the place thereby designated as a crime scene, shall state the date and time when it is given, the name and rank of the member giving it and that the member has reasonable grounds for believing that the direction is necessary to preserve, search for and collect the evidence concerned.

(9) If a judge of the District Court is satisfied by information on oath of a member of the Garda Síochána not below the rank of superintendent that—

(a) a direction under subsection (3) designating a place as a crime scene is in force,

(b) there are reasonable grounds for believing that there is, or may be, evidence at the crime scene,

(d) the investigation of the offence to which any such evidence relates is being conducted diligently and expeditiously,

the judge may make an order continuing the direction in force for such further period, not exceeding 48 hours, as may be specified in the order commencing upon the expiration of the period for which the direction is in force.

(10) A direction under subsection (3) may be continued in force under subsection (9) not more than three times.

(11) If the High Court is satisfied, upon application being made to it in that behalf by a member of the Garda Síochána not below the rank of superintendent, that—

(a) a direction under subsection (3) designating a place as a crime scene is in force,

(b) there are reasonable grounds for believing that there is, or may be, evidence at the crime scene,

(c) exceptional circumstances exist which warrant the continuance of the direction in force to preserve, search for and collect any such evidence, and

(d) the investigation of the offence to which any such evidence relates is being conducted diligently and expeditiously,

the Court may make an order continuing the direction in force for such period as it considers appropriate and that is specified in the order (whether or not the direction has been continued in force under subsection (9) ) commencing upon the expiration of the period for which the direction is in force.

(12) A member of the Garda Síochána who intends to make an application under subsection (9) or (11) shall, if it is reasonably practicable to do so before the application is made, give notice of it to—

(a) the occupier of the place the subject of the application, or

(b) if it is not reasonably practicable to ascertain the identity or whereabouts of the occupier or the place is unoccupied, the owner, unless it is not reasonably practicable to ascertain the identity or whereabouts of the owner.

(13) If, on an application under subsection (9) or (11) , the occupier or owner of the place concerned applies to be heard by the Court, an order shall not be made under subsection (9) or (11) , as may be appropriate, unless an opportunity has been given to the person to be heard.

(14) The High Court or a judge of the District Court, as may be appropriate, may attach such conditions as the Court or the judge considers appropriate to an order under subsection (9) or (11) for the purpose of protecting the interests of the occupier or owner of the place which is the subject of the order.

(15) A direction under subsection (3) shall be deemed to continue in force until the determination of an application under subsection (9) or (11) if—

(a) the direction is in force when the application is made, and

(b) the direction would, but for this subsection, expire before the determination of the application by reason of the fact that, pursuant to subsection (13) , an opportunity is given to a person to be heard.

(16) A person who obstructs a member of the Garda Síochána in the exercise of his or her powers under this section or who fails to comply with a direction under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.

(17) A member of the Garda Síochána may arrest without warrant any person whom the member reasonably suspects of committing or having committed an offence under subsection (16) .

(18) Nothing in this section shall prevent—

(a) the designation of a place as a crime scene, or

(b) a member of the Garda Síochána from taking any of the steps referred to in subsection (4) at a place so designated,

if the owner or occupier of the place consents to such designation or the taking of any of those steps.

(19) In this section—

“evidence” means evidence of, or relating to, the commission of an arrestable offence;

“preserve”, in relation to evidence, includes any action to prevent the concealment, loss, removal, contamination or destruction of, or damage or alteration to, the evidence.

Annotations:

Modifications (not altering text):

C4
Section applied with modifications (15.07.2022) by Institutional Burials Act 2022 (18/2022), s. 37, S.I. No. 356 of 2022.

Principal burial land or ancillary burial land as crime scene

37. (1) Where, following a determination by a coroner of the cause of death referred to in section 36, a direction is issued under section 5 of the Act of 2006 designating the principal burial land or ancillary burial land on which the human remains were discovered a crime scene, the member of An Garda Síochána who issues that direction shall, at the same time, direct the Director in writing to suspend the relevant works on that land for the period specified in the direction.

(2) Where a direction is issued under section 5 of the Act of 2006, that section shall apply subject to the following modifications—

(a) the reference in subsection (7) of that section to 24 hours shall be construed as a reference to 7 days,

(b) the reference in subsection (9) of that section to 48 hours shall be construed as a reference to 14 days,

(c) the reference in subsection (12)(a) of that section to the occupier of the place shall be construed as a reference to the Director,

(d) subsection (12)(b) of that section shall not apply,

(e) a reference in subsection (14) of that section to the purpose of protecting the interests of the occupier or owner of the place which is the subject of the order shall be construed as a reference to the purpose of protecting the interests of the Director in performing his or her functions in relation to the land which is the subject of the order,

(f) a reference in subsection (18) of that section to the owner or occupier of the place shall be construed as a reference to the Director, and

(g) any other necessary modifications.

(3) In this section, “Act of 2006” means the Criminal Justice Act 2006.

Search warrants in relation to arrestable offences.

6.— (1) The Criminal Justice (Miscellaneous Provisions) Act 1997 is amended by—

(a) the substitution of the following section for section 10:

“Search warrants in relation to arrestable offences.

10.— (1) If a judge of the District Court is satisfied by information on oath of a member not below the rank of sergeant that there are reasonable grounds for suspecting that evidence of, or relating to, the commission of an arrestable offence is to be found in any place, the judge may issue a warrant for the search of that place and any persons found at that place.

(2) A search warrant under this section shall be expressed, and shall operate, to authorise a named member, accompanied by such other members or persons or both as the member thinks necessary—

(a) to enter, at any time or times within one week of the date of issue of the warrant, on production if so requested of the warrant, and if necessary by the use of reasonable force, the place named in the warrant,

(b) to search it and any persons found at that place, and

(c) to seize anything found at that place, or anything found in the possession of a person present at that place at the time of the search, that that member reasonably believes to be evidence of, or relating to, the commission of an arrestable offence.

(3) A member acting under the authority of a search warrant under this section may—

(a) require any person present at the place where the search is being carried out to give to the member his or her name and address, and

(b) arrest without warrant any person who—

(i) obstructs or attempts to obstruct the member in the carrying out of his or her duties,

(ii) fails to comply with a requirement under paragraph (a), or

(iii) gives a name or address which the member has reasonable cause for believing is false or misleading.

(4) A person who obstructs or attempts to obstruct a member acting under the authority of a search warrant under this section, who fails to comply with a requirement under subsection (3)(a) or who gives a false or misleading name or address to a member shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.

(5) The power to issue a warrant under this section is without prejudice to any other power conferred by statute to issue a warrant for the search of any place or person.

(6) In this section—

‘arrestable offence’ has the meaning it has in section 2 (as amended by section 8 of the Criminal Justice Act 2006) of the Criminal Law Act 1997;

‘place’ means a physical location and includes—

(a) a dwelling, residence, building or abode,

(b) a vehicle, whether mechanically propelled or not,

(d) an aircraft, whether capable of operation or not, and

(e) a hovercraft.”,

and

(b) the deletion of the First Schedule.

(2) This section shall not affect the validity of a warrant issued under section 10 of the Criminal Justice (Miscellaneous Provisions) Act 1997 before the commencement of this section and such a warrant shall continue in force in accordance with its terms after such commencement.

Power to seize and retain evidence.

7.— (1) Where a member of the Garda Síochána who is in—

(a) a public place, or

(b) any other place under a power of entry authorised by law or to which or in which he or she was expressly or impliedly invited or permitted to be,

finds or comes into possession of any thing, and he or she has reasonable grounds for believing that it is evidence of, or relating to, the commission of an arrestable offence, he or she may seize and retain the thing for use as evidence in any criminal proceedings for such period from the date of seizure as is reasonable or, if proceedings are commenced in which the thing so seized is required for use in evidence, until the conclusion of the proceedings, and thereafter the Police (Property) Act 1897 shall apply to the thing so seized in the same manner as that Act applies to property which has come into the possession of the Garda Síochána in the circumstances mentioned in that Act.

(2) If it is represented or appears to a member of the Garda Síochána proposing to seize or retain a document under this section that the document was, or may have been, made for the purpose of obtaining, giving or communicating legal advice from or by a barrister or solicitor, the member shall not seize or retain the document unless he or she suspects with reasonable cause that the document was not made, or is not intended, solely for any of the purposes aforesaid.

(3) The power under this section to seize and retain evidence is without prejudice to any other power conferred by statute or otherwise exercisable by a member of the Garda Síochána to seize and retain evidence of, or relating to, the commission or attempted commission of an offence.

Arrestable offences.

8.— Section 2(1) of the Criminal Law Act 1997 is amended in the definition of “arrestable offence” by the substitution of “under or by virtue of any enactment or the common law” for “under or by virtue of any enactment”.

Amendment of section 4 of Act of 1984.

9.— Section 4 of the Act of 1984 is amended—

(a) in subsection (1), by the substitution of “under or by virtue of any enactment or the common law” for “under or by virtue of any enactment”,

(b) by the substitution of the following subsection for subsection (2):

“(2) (a) Where a member of the Garda Síochána arrests without warrant, whether in a Garda Síochána station or elsewhere, a person whom he or she, with reasonable cause, suspects of having committed an offence to which this section applies, the person—

(i) if not already in a Garda Síochána station, may be taken to and detained in a Garda Síochána station, or

(ii) if he or she is arrested in a Garda Síochána station, may be detained in the station,

for such period as is authorised by this section if the member of the Garda Síochána in charge of the station to which the person is taken on arrest or in which he or she is arrested has at the time of the person’s arrival at the station or his or her arrest in the station, as may be appropriate, reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence.

(b) Where a member of the Garda Síochána arrests a person pursuant to an authority of a judge of the District Court under section 10(1), the person may be taken to and detained in a Garda Síochána station for such period as is authorised by this section if the member of the Garda Síochána in charge of the station to which the person is taken on arrest has at the time of the person’s arrival at the station reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence.”,

(i) by the insertion of the following paragraph after paragraph (b):

“(bb) A member of the Garda Síochána not below the rank of chief superintendent may direct that a person detained pursuant to a direction under paragraph (b) be detained for a further period not exceeding twelve hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.”,

(ii) in paragraph (c), by the substitution of “paragraph (b) or (bb)” for “paragraph (b)”,

and

(d) in subsection (9), by the substitution of “for longer than twenty-four hours” for “for longer than twelve hours”.

Annotations

Editorial Notes:

E14
Criminal Justice Act 1984 (Treatment of persons in custody in Garda Síochána Stations) Regulations 1987 (S.I. No. 119 of 1987) amended (14.12.2006) by Criminal Justice Act 1984 (Treatment of persons in custody in Garda Síochána Stations) (Amendment) Regulations 2006 (S.I. No. 641 of 2006) to reflect amendments made by this section.

Amendment of Criminal Justice (Drug Trafficking) Act 1996.

10.— The Criminal Justice (Drug Trafficking) Act 1996 is amended—

(a) in section 2—

(i) in subsection (1), by the substitution of the following paragraph for paragraph (a):

“(a) Where a member of the Garda Síochána arrests without warrant, whether in a Garda Síochána station or elsewhere, a person (an ‘arrested person’) whom he or she, with reasonable cause, suspects of having committed a drug trafficking offence, the arrested person—

(i) if not already in a Garda Síochána station, may be taken to and detained in a Garda Síochána station, or

(ii) if he or she is arrested in a Garda Síochána station, may be detained in the station,

for a period or periods authorised by subsection (2) if the member of the Garda Síochána in charge of the station to which the arrested person is taken on arrest or in which he or she is arrested has at the time of the arrested person’s arrival at the station or his or her arrest in the station, as may be appropriate, reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence.”,

(ii) by the insertion of the following subsection after subsection (7):

“(7A) Notwithstanding subsections (2) and (7), if—

(a) an application is made under subsection (2) for a warrant authorising the detention for a further period of a person detained under that subsection, and

(b) the period of detention under that subsection has not expired at the commencement of the hearing of the application but would, but for this subsection, expire during that hearing,

it shall be deemed not to expire until the determination of the application.”,

and

(b) in section 4(3), by the insertion of the following paragraph as paragraph (a) and the re-lettering of paragraphs (a) and (b) as paragraphs (b) and (c):

“(a) the substitution for paragraph (a) in subsection (1) of the following paragraph:

‘(a) Where a member of the Garda Síochána arrests a person (an “arrested person”) under a warrant issued pursuant to section 4(1), the arrested person may be taken to and detained in a Garda Síochána station for a period or periods authorised by subsection (2) if the member of the Garda Síochána in charge of the station to which the arrested person is taken on arrest has at the time of the arrested person’s arrival at the station reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence.’.”.

Amendment of section 42 of Criminal Justice Act 1999.

11.— Section 42 of the Criminal Justice Act 1999 is amended—

(a) in subsection (2), by the deletion of subsection (2) and substitution with the following:

“(2) A member of an Garda Síochána may arrest a prisoner on the authority of a judge of the District Court who is satisfied, on information supplied on oath by a member of the Garda Síochána not below the rank of superintendent, that the following conditions are fulfilled:

(a) there are reasonable grounds for suspecting that the prisoner has committed an offence or offences other than the offence or offences in connection with which he or she is imprisoned;

(b) the arrest of the prisoner is necessary for the proper investigation of the offence or offences that he or she is suspected of having committed; and

(c) where the prisoner has previously been arrested for the same offence or offences, whether prior to his or her imprisonment or under this section, further information has come to the knowledge of the Garda Síochána since that arrest as to the prisoner’s suspected participation in the offence or offences for which his or her arrest is sought.”,

and

(b) in subsection (5)—

(i) in paragraph (a), by the substitution of “the offence or offences in respect of which he or she was arrested” for “the offence in respect of which he or she was arrested”, and

(ii) in paragraph (b), by the substitution of “the proper investigation of that offence or those offences” for “the proper investigation of that offence”.

Power of Garda Síochána to photograph arrested persons.

12.— (1) Where a person is arrested by a member of the Garda Síochána under any power conferred on him or her by law, the member may photograph the person or cause him or her to be photographed in a Garda Síochána station as soon as may be after his or her arrest for the purpose of assisting with the identification of him or her in connection with any proceedings that may be instituted against him or her for the offence in respect of which he or she is arrested.

(2) The power conferred by subsection (1) shall not be exercised except on the authority of a member of the Garda Síochána not below the rank of sergeant.

(3) An authority under subsection (2) may be given orally but, if it is given orally, it shall be confirmed in writing as soon as practicable.

F1[(4) Sections 8 to 8I of the Act of 1984 shall, with the following and any other necessary modifications, apply to photographs taken of a person pursuant to this section as they apply to photographs taken of a person pursuant to section 6 or 6A of the Act of 1984:

(a) references to an offence to which section 4 of the Act of 1984 applies shall be construed as references to an offence in respect of which a person may be arrested by a member of the Garda Síochána under any power conferred on him or her by law;

(b) references to section 6 or 6A of the Act of 1984 shall be construed as references to this section; and

(c) references to the detention of the person under section 4 of the Act of 1984 shall be construed as references to the arrest of the person by a member of the Garda Síochána under any power conferred on him or her by law.]

(5) A person who refuses to allow himself or herself to be photographed pursuant to this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.

(6) The power conferred by this section is without prejudice to any other power exercisable by a member of the Garda Síochána to photograph a person.

Annotations

Amendments:

F1
Substituted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 107, S.I. No. 508 of 2015.

Editorial Notes:

E15
A fine of €3,000 translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(2) and table ref. no. 1, S.I. No. 662 of 2010.

Amendment of Act of 1984.

13.— The Act of 1984 is amended—

(a) in section 6(4), by the substitution of “€3,000” for “£1,000”,

(b) in section 8—

(i) in subsection (2), by the substitution of “within the period of twelve months” for “within the period of six months”,

(ii) by the substitution of the following subsections for subsection (3):

“(3) Where proceedings have been so instituted and—

(a) the person is acquitted,

(b) the charge against the person in respect of the offence concerned is dismissed under section 4E of the Criminal Procedure Act 1967, or

the destruction shall be carried out on the expiration of a period of 21 days after the acquittal, dismissal or discontinuance, as the case may be.

(3A) For the purposes of subsection (3)(b), a charge against the person in respect of the offence concerned shall be regarded as dismissed when—

(a) the time for bringing an appeal against the dismissal has expired,

(b) any such appeal has been withdrawn or abandoned, or

and

(iii) in subsection (7)—

(I) by the substitution of “for a period not exceeding twelve months” for “for a period not exceeding six months”, and

(II) by the substitution of “for the purpose of proceedings or further proceedings” for “for the purpose of further proceedings”,

and

Amendment of Criminal Justice (Forensic Evidence) Act 1990.

14.— The Criminal Justice (Forensic Evidence) Act 1990 is amended—

(a) in section 2—

(i) in subsection (1)—

(I) by the substitution of “the provisions of subsections (4) to (8A)” for “the provisions of subsections (4) to (8)”,

(II) by the substitution of the following paragraph for paragraph (b):

“(b) a swab from any part of the body including the mouth but not from any other body orifice or a genital region,”,

(III) by the substitution of the following paragraph for paragraph (c):

“(c) a swab from a body orifice, other than the mouth, or a genital region,”,

(IV) in paragraph (e), by the deletion of “or mouth”,

(ii) by the insertion of the following subsection after subsection (1):

“(1A) A reference in subsection (1) of this section to the mouth shall be read as including a reference to the inside of the mouth.”,

(iii) in subsection (2), by the substitution of “the provisions of subsections (3) to (8A)” for “the provisions of subsections (3) to (8)”,

(iv) in subsection (4)(b), by the substitution of “subparagraph (i), (ii) or (iii) of paragraph (a) of subsection (1) of this section” for “subparagraph (i), (ii), (iii) or (iv) of paragraph (a) of subsection (1) of this section”,

(v) in subsection (5), by the insertion in paragraph (a)(ii) after “applies” of “or a drug trafficking offence within the meaning of section 3(1) of the Criminal Justice Act 1994”,

(vi) by the insertion of the following subsection after subsection (8):

“(8A) Where a sample of hair other than pubic hair is taken in accordance with this section—

(a) the sample may be taken by plucking hairs with their roots and, in so far as it is reasonably practicable, the hairs shall be plucked singly, and

(b) no more hairs shall be plucked than the person taking the sample reasonably considers to be necessary to constitute a sufficient sample for the purpose of forensic testing.”,

(vii) in subsection (9), by the substitution of “€3,000” for “£1,000”,

(b) in section 4—

(i) in subsection (2), by the substitution of “within twelve months from the taking of the sample” for “within six months from the taking of the sample”, and

(ii) by the substitution of the following subsections for subsection (3):

“(3) Where proceedings have been so instituted and—

(a) the person is acquitted,

(b) the charge against the person in respect of the offence concerned is dismissed under section 4E of the Criminal Procedure Act 1967, or

the destruction of the record and the sample identified by such record shall be carried out on the expiration of twenty-one days after the acquittal, dismissal or discontinuance, as the case may be, unless an order has been made under subsection (5) of this section.

(3A) For the purposes of subsection (3)(b) of this section, a charge against the person in respect of the offence concerned shall be regarded as dismissed when—

(a) the time for bringing an appeal against the dismissal has expired,

(b) any such appeal has been withdrawn or abandoned, or

(c) in section 5(2), by the deletion of “and” at the end of paragraph (a) and the insertion of the following paragraph after paragraph (a):

“(aa) make provision for—

(i) the manner in which samples may be taken,

(ii) the location and physical conditions in which samples may be taken, and

(iii) the persons (including members of the Garda Síochána), and the number of such persons, who may be present when samples are taken, and”.

Execution of certain warrants.

194.— A warrant for the arrest of a person or an order of committal of a person may, notwithstanding section 26 of the Petty Sessions (Ireland) Act 1851, be executed by a member of the Garda Síochána in any part of the State.

CRIMINAL JUSTICE ACT 2006

Amendment of section 25 of Petty Sessions (Ireland) Act 1851.

193.— Section 25 of the Petty Sessions (Ireland) Act 1851 is amended by the substitution of the following paragraph for paragraph 1:

“1. All warrants (except as otherwise provided by law) in proceedings in respect of offences punishable either on indictment or summarily issued by the District Court shall be addressed to the superintendent or an inspector of the Garda Síochána of the Garda Síochána district within which the place where the warrant is issued is situated or the person named in the warrant resides:”.

CRIMINAL JUSTICE (SEARCH WARRANTS) ACT 2012

AN ACT TO AMEND THE PROVISIONS OF THE OFFENCES AGAINST THE STATE ACT 1939, THE MISUSE OF DRUGS ACT 1977 AND THE CRIMINAL JUSTICE (DRUG TRAFFICKING) ACT 1996 RELATING TO THE ISSUE OF SEARCH WARRANTS; AND TO PROVIDE FOR RELATED MATTERS.

[24th July, 2012]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Amendment of Offences against the State Act 1939.

1.— The Offences against the State Act 1939 is amended by the substitution of the following section for section 29:

“

Search warrants relating to commission of offences under this Act, etc.

29.— (1) In this section ‘an offence to which this section applies’ means—

(a) an offence under this Act,

(b) an offence under the Criminal Law Act 1976 ,

(d) treason, or

(e) an offence of attempting or conspiring to commit, or inciting the commission of, an offence referred to in paragraph (a), (b) or (d).

(2) If a judge of the District Court is satisfied by information on oath of a member of the Garda Síochána not below the rank of sergeant that there are reasonable grounds for suspecting that evidence of, or relating to, the commission of an offence to which this section applies is to be found in any place, the judge may issue a warrant for the search of that place and any persons found at that place.

(3) Subject to subsections (4) and (5), if a member of the Garda Síochána not below the rank of superintendent is satisfied that there are reasonable grounds for suspecting that evidence of, or relating to, the commission of an offence to which this section applies is to be found in any place, the member may issue to a member of the Garda Síochána not below the rank of sergeant a warrant for the search of that place and any persons found at that place.

(4) A member of the Garda Síochána not below the rank of superintendant shall not issue a search warrant under this section unless he or she is satisfied—

(a) that the search warrant is necessary for the proper investigation of an offence to which this section applies, and

(b) that circumstances of urgency giving rise to the need for the immediate issue of the search warrant would render it impracticable to apply to a judge of the District Court under this section for the issue of the warrant.

(5) A member of the Garda Síochána not below the rank of superintendent may issue a search warrant under this section only if he or she is independent of the investigation of the offence in relation to which the search warrant is being sought.

(6) A search warrant under this section shall be expressed, and shall operate, to authorise the member of the Garda Síochána named in the warrant, accompanied by such members of the Garda Síochána or of the Defence Forces as the member considers necessary—

(a) to enter, at any time or times within one week of the date of issue of the warrant, on production if so requested of the warrant or a copy of it, and if necessary by the use of reasonable force, the place named in the warrant,

(b) to search it and any persons found at that place, and

(7) Notwithstanding subsection (6), a search warrant issued by a member of the Garda Síochána not below the rank of superintendent under this section shall cease to have effect after a period of 48 hours has elapsed from the time of the issue of the warrant.

(8) A member of the Garda Síochána or of the Defence Forces acting under the authority of a search warrant under this section may—

(a) require any person present at the place where the search is being carried out to give to the member his or her name and address, and

(b) arrest without warrant any person who—

(i) obstructs or attempts to obstruct the member in the carrying out of his or her duties,

(ii) fails to comply with a requirement under paragraph (a), or

(iii) gives a name or address which the member has reasonable cause for believing is false or misleading.

(9) A person who obstructs or attempts to obstruct a member of the Garda Síochána or of the Defence Forces acting under the authority of a search warrant under this section, who fails to comply with a requirement under subsection (8)(a) or who gives a false or misleading name or address to the member shall be guilty of an offence and shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

(10) The power to issue a search warrant under this section is without prejudice to any other power conferred by statute to issue a warrant for the search of any place or person.

(11) A member of the Garda Síochána not below the rank of superintendent who issues a search warrant under this section shall, either at the time the warrant is issued or as soon as reasonably practicable thereafter, record in writing the grounds on which the warrant was issued, including how he or she was satisfied as to the matters referred to in subsection (4).

(12) In this section—

‘independent of’, in relation to the investigation of an offence, means not being in charge of, or involved in, that investigation;

‘place’ includes—

(a) a dwelling or a part thereof,

(b) a building or a part thereof,

(d) a vessel, whether sea-going or not,

(e) an aircraft, whether capable of operation or not, and

(f) a hovercraft.”.

Amendment of section 26(1) of Misuse of Drugs Act 1977.

2.— Section 26 (1) of the Misuse of Drugs Act 1977 is amended by the substitution of “subject to the provisions of subsections (2) and (2A) of section 8 of the Criminal Justice (Drug Trafficking) Act 1996 ” for “subject to the provisions of subsection (2) of section 8 of the Criminal Justice (Drug Trafficking) Act 1996 ”.

Amendment of section 8 of Criminal Justice (Drug Trafficking) Act 1996.

3.— (1) Section 8 of the Criminal Justice (Drug Trafficking) Act 1996 is amended by the insertion of the following subsections after subsection (2):

“(2A) (a) A member of the Garda Síochána not below the rank of superintendent may issue a search warrant under the said section 26 only if he or she is independent of the investigation of the offence in relation to which the search warrant is being sought.

(b) In this subsection ‘independent of’, in relation to the investigation of an offence, means not being in charge of, or involved in, that investigation.

(2B) A member of the Garda Síochána not below the rank of superintendent who issues a search warrant under the said section 26 shall, either at the time the warrant is issued or as soon as reasonably practicable thereafter, record in writing the grounds on which the warrant was issued, including how he or she was satisfied as to the matters referred to in subsection (2).”.

(2) The amendments of section 8 of the Criminal Justice (Drug Trafficking) Act 1996 effected by subsection (1) shall apply only to a search warrant that is issued under section 26 of the Misuse of Drugs Act 1977 on or after the commencement of this section.

Short title and commencement.

4.— (1) This Act may be cited as the Criminal Justice (Search Warrants) Act 2012.

(2) This Act shall come into operation on the day after the day of its passing.

Search & Warrant

District Court Rules

Miscellaneous Search Warrants

CRIMINAL LAW ACT, 1976

Search warrants relating to commission of offences under Act of 1939 etc.

Escape from custody.

Power of Garda Síochána in relation to certain arrested persons.

Power of Garda Síochána to search vehicles and persons in vehicles.

Power to retain articles seized.

Prohibition of giving certain false information.

Offence committed while serving sentence.

Restriction of meaning of “document” in sections 13 and 14 of Act of 1939.

Power of Defence Forces to arrest and search in certain circumstances.

Short title and application.

CRIMINAL LAW 1997

Search warrants in relation to serious offences.

Electronic recording of fingerprints and palmprints.

CRIMINAL JUSTICE ACT 2006

Interpretation.

Investigation of Offences

Designation of place as crime scene.

Search warrants in relation to arrestable offences.

Power to seize and retain evidence.

Arrestable offences.

Amendment of section 4 of Act of 1984.

Amendment of Criminal Justice (Drug Trafficking) Act 1996.

Amendment of section 42 of Criminal Justice Act 1999.

Power of Garda Síochána to photograph arrested persons.

Amendment of Act of 1984.

Amendment of Criminal Justice (Forensic Evidence) Act 1990.

Execution of certain warrants.

CRIMINAL JUSTICE ACT 2006

Amendment of section 25 of Petty Sessions (Ireland) Act 1851.

CRIMINAL JUSTICE (SEARCH WARRANTS) ACT 2012

Amendment of Offences against the State Act 1939.

Search warrants relating to commission of offences under this Act, etc.

Amendment of section 26(1) of Misuse of Drugs Act 1977.

Amendment of section 8 of Criminal Justice (Drug Trafficking) Act 1996.

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