{"id":1464,"date":"2021-07-23T20:55:46","date_gmt":"2021-07-23T20:55:46","guid":{"rendered":"http:\/\/legalblog.ie\/?p=1464"},"modified":"2024-03-24T08:50:55","modified_gmt":"2024-03-24T08:50:55","slug":"search-warrant","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/search-warrant\/","title":{"rendered":"Search &#038; Warrant"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/search-warrant\/#Common_Law_Powers\" title=\"Common Law Powers\">Common Law Powers<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/search-warrant\/#Statutory_Search_Powers\" title=\"Statutory Search Powers\">Statutory Search Powers<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/search-warrant\/#Constitutional_Right_to_Liberty\" title=\"Constitutional Right to Liberty\">Constitutional Right to Liberty<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/search-warrant\/#Random_Searches\" title=\"Random Searches\">Random Searches<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/search-warrant\/#Search_Warrant\" title=\"Search Warrant\">Search Warrant<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/search-warrant\/#Issue_of_Warrant\" title=\"Issue of Warrant\">Issue of Warrant<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/search-warrant\/#Conducting_the_Search\" title=\"Conducting the Search\">Conducting the Search<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/search-warrant\/#Crime_Scene\" title=\"Crime Scene\">Crime Scene<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/search-warrant\/#Updated_Provisions\" title=\"Updated Provisions\">Updated Provisions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/search-warrant\/#Garda_Superintendent_Wattant\" title=\"Garda Superintendent Wattant\">Garda Superintendent Wattant<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/search-warrant\/#Terms_of_Warrant\" title=\"Terms of Warrant\">Terms of Warrant<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/search-warrant\/#Execution_of_Warrant\" title=\"Execution of Warrant\">Execution of Warrant<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/search-warrant\/#Drugs_Trafficking_Offences\" title=\"Drugs Trafficking Offences\">Drugs Trafficking Offences<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#CRIMINAL_LAW_ACT_1976\" title=\"CRIMINAL LAW ACT, 1976\">CRIMINAL LAW ACT, 1976<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Search_warrants_relating_to_commission_of_offences_under_Act_of_1939_etc\" title=\"Search warrants relating to commission of offences under Act of 1939 etc.\">Search warrants relating to commission of offences under Act of 1939 etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Escape_from_custody\" title=\"Escape from custody.\">Escape from custody.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Power_of_Garda_Siochana_in_relation_to_certain_arrested_persons\" title=\"Power of Garda S\u00edoch\u00e1na in relation to certain arrested persons.\">Power of Garda S\u00edoch\u00e1na in relation to certain arrested persons.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Power_of_Garda_Siochana_to_search_vehicles_and_persons_in_vehicles\" title=\"Power of Garda S\u00edoch\u00e1na to search vehicles and persons in vehicles.\">Power of Garda S\u00edoch\u00e1na to search vehicles and persons in vehicles.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Power_to_retain_articles_seized\" title=\"Power to retain articles seized.\">Power to retain articles seized.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Prohibition_of_giving_certain_false_information\" title=\"Prohibition of giving certain false information.\">Prohibition of giving certain false information.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Offence_committed_while_serving_sentence\" title=\"Offence committed while serving sentence.\">Offence committed while serving sentence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Restriction_of_meaning_of_%E2%80%9Cdocument%E2%80%9D_in_sections_13_and_14_of_Act_of_1939\" title=\"Restriction of meaning of \u201cdocument\u201d in sections 13 and 14 of Act of 1939.\">Restriction of meaning of \u201cdocument\u201d in sections 13 and 14 of Act of 1939.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Power_of_Defence_Forces_to_arrest_and_search_in_certain_circumstances\" title=\"Power of Defence Forces to arrest and search in certain circumstances.\">Power of Defence Forces to arrest and search in certain circumstances.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Short_title_and_application\" title=\"Short title and application.\">Short title and application.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#CRIMINAL_LAW_1997\" title=\"CRIMINAL LAW 1997\">CRIMINAL LAW 1997<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Search_warrants_in_relation_to_serious_offences\" title=\"Search warrants in relation to serious offences.\">Search warrants in relation to serious offences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Electronic_recording_of_fingerprints_and_palmprints\" title=\"Electronic recording of fingerprints and palmprints.\">Electronic recording of fingerprints and palmprints.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#CRIMINAL_JUSTICE_ACT_2006\" title=\"CRIMINAL JUSTICE ACT 2006\">CRIMINAL JUSTICE ACT 2006<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Investigation_of_Offences\" title=\"Investigation of Offences\">Investigation of Offences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Designation_of_place_as_crime_scene\" title=\"Designation of place as crime scene.\">Designation of place as crime scene.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Search_warrants_in_relation_to_arrestable_offences\" title=\"Search warrants in relation to arrestable offences.\">Search warrants in relation to arrestable offences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Power_to_seize_and_retain_evidence\" title=\"Power to seize and retain evidence.\">Power to seize and retain evidence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Arrestable_offences\" title=\"Arrestable offences.\">Arrestable offences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Amendment_of_section_4_of_Act_of_1984\" title=\"Amendment of section 4 of Act of 1984.\">Amendment of section 4 of Act of 1984.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Amendment_of_Criminal_Justice_Drug_Trafficking_Act_1996\" title=\"Amendment of Criminal Justice (Drug Trafficking) Act 1996.\">Amendment of Criminal Justice (Drug Trafficking) Act 1996.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Amendment_of_section_42_of_Criminal_Justice_Act_1999\" title=\"Amendment of section 42 of Criminal Justice Act 1999.\">Amendment of section 42 of Criminal Justice Act 1999.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Power_of_Garda_Siochana_to_photograph_arrested_persons\" title=\"Power of Garda S\u00edoch\u00e1na to photograph arrested persons.\">Power of Garda S\u00edoch\u00e1na to photograph arrested persons.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Amendment_of_Act_of_1984\" title=\"Amendment of Act of 1984.\">Amendment of Act of 1984.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Amendment_of_Criminal_Justice_Forensic_Evidence_Act_1990\" title=\"Amendment of Criminal Justice (Forensic Evidence) Act 1990.\">Amendment of Criminal Justice (Forensic Evidence) Act 1990.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Execution_of_certain_warrants\" title=\"Execution of certain warrants.\">Execution of certain warrants.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#CRIMINAL_JUSTICE_ACT_2006-2\" title=\"CRIMINAL JUSTICE ACT 2006\">CRIMINAL JUSTICE ACT 2006<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Amendment_of_section_25_of_Petty_Sessions_Ireland_Act_1851\" title=\"Amendment of section 25 of Petty Sessions (Ireland) Act 1851.\">Amendment of section 25 of Petty Sessions (Ireland) Act 1851.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#CRIMINAL_JUSTICE_SEARCH_WARRANTS_ACT_2012\" title=\"CRIMINAL JUSTICE (SEARCH WARRANTS) ACT 2012\">CRIMINAL JUSTICE (SEARCH WARRANTS) ACT 2012<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Amendment_of_Offences_against_the_State_Act_1939\" title=\"Amendment of Offences against the State Act 1939.\">Amendment of Offences against the State Act 1939.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Search_warrants_relating_to_commission_of_offences_under_this_Act_etc\" title=\"Search warrants relating to commission of offences under this Act, etc.\">Search warrants relating to commission of offences under this Act, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Amendment_of_section_261_of_Misuse_of_Drugs_Act_1977\" title=\"Amendment of section 26(1) of Misuse of Drugs Act 1977.\">Amendment of section 26(1) of Misuse of Drugs Act 1977.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/search-warrant\/2\/#Amendment_of_section_8_of_Criminal_Justice_Drug_Trafficking_Act_1996\" title=\"Amendment of section 8 of Criminal Justice (Drug Trafficking) Act 1996.\">Amendment of section 8 of Criminal Justice (Drug Trafficking) Act 1996.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Common_Law_Powers\"><\/span>Common Law Powers<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Members of an Garda S\u00edoch\u00e1na have powers and duties of the common law to investigate crime. They are obliged to keep the peace, prevent crime and protect persons and property from injury.<\/p>\n<p>A member of an Garda S\u00edoch\u00e1na is entitled to approach members of the public and communicate with them. He need not have any particular suspicion or justification.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Statutory_Search_Powers\"><\/span>Statutory Search Powers<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Certain types of offences require the exercise of search powers. In particular, offences relating to firearms, drugs, stolen property are likely to require the exercise of such powers. Search and investigation powers are provided for in numerous statutes. The search powers differ slightly depending on the wording of the relevant statute.<\/p>\n<p>Generally, the relevant statute provides that where a member of an Garda S\u00edoch\u00e1na has reasonable cause to suspect that a person possesses the relevant thing e.g. drugs, stolen property, offensive weapons, that there is the power to search that person and to detain him as necessary for such search.<\/p>\n<p>There may be power to search any vehicle, vessel or place where it is suspected the thing may be found. The person in charge of such a vehicle or place may be required to cooperate in the search.<\/p>\n<p>It is generally provided that it is an offence to impede or obstruct a search. A vehicle or vessel may be required to be kept stationary. A computer may be required to be operated and used. The things concerned may be seized and taken away.<\/p>\n<p>There may be power to require the person to accompany the member of Garda\u00ed to a Garda Station for the purpose of the search. Where a person refuses to cooperate, he may generally be arrested without a warrant. Vehicles and things found may be detained for the purpose of investigation and a prospective prosecution.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Constitutional_Right_to_Liberty\"><\/span>Constitutional Right to Liberty<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Standard search powers have been upheld by the High Court and Supreme Court as Constitutional, in the context of stolen goods. It involves the reconciliation of personal rights with the requirements of the common good.<\/p>\n<p>The courts recognise, that a person must not be subjected to unnecessary harassment, distress or embarrassment in the exercise of search powers. If this were to occur, it may be an abuse of the person&#8217;s Constitutional rights and very exceptionally, he may have a right of redress.<\/p>\n<p>The person searched appears to have a right to be informed of the statutory power under which the relevant search is being conducted. Although a search is less intrusive than arrest, the court appear willing to apply the same principle. This does not arise if the search is consented to.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Random_Searches\"><\/span>Random Searches<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Garda\u00ed have powers to undertake random checks on vehicles. A person driving a vehicle may be obliged to stop it and keep it stationary for as long as necessary to enable a Garda to discharge his duty. In the context of this power, it is not necessary that the Garda has suspicion that any offence has been committed. However, the power must be exercised in good faith.<\/p>\n<p>This power to require a person to stop has been enhanced by a power to operate checkpoints to detect intoxicated driving. This latter power was enacted in 2006. The checkpoint must be authorised by an officer of the rank of inspector \u00a0or higher. The authorisation must give details of the date ,place and time where the checkpoint is to operate. Proof of the prior authorisation is necessary in a prosecution where a drink driving offence is detected.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Search_Warrant\"><\/span>Search Warrant<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A search warrant is an authorisation in writing to undertake a search. The legal provisions for the grant of a search warrant will be set out in the relevant legislation. The legislation will set out the requirements and basis for issue of a warrant.<\/p>\n<p>A warrant is usually required to authorise a search of private property because this is seen as an extensive intrusion into Constitutional rights. This applies in particular to a dwelling house, because of the Constitutional guarantee of the inviolability of the dwelling.<\/p>\n<p>The process for the issue of a warrant involves an independent judicial (or other) \u00a0decision-maker who at least in principle, vouches for the basis of the evidence and suspicion before granting the warrant. The application for a warrant is not heard in public.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Issue_of_Warrant\"><\/span>Issue of Warrant<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The person issuing the warrant must have a basis to satisfy himself that it is required. Generally, this is on the basis of sworn evidence made by the applicant for the warrant. The issuer of the warrant must be satisfied that the requisite statutory provisions apply.<\/p>\n<p>The requirement for the warrant must itself be assessed and it should not be granted automatically. There must be a reasonable ground for believing that the relevant evidence would be found in the place named in the warrant.<\/p>\n<p>Because a warrant authorises intrusion into Constitutionally protected rights of privacy, property and freedoms the statutory provisions regarding the issue of a warrant are to be strictly interpreted. In a prosecution, the defence may require the prosecution to prove the validity of the search warrant.<\/p>\n<p>Many statutory provisions require that the applicant for the warrant swear the information which is the basis of the warrant. This usually requires reasonable belief or reasonable suspicion that the requisite evidence will be found in the place for which the warrant is requested. The belief must have a rational basis.<\/p>\n<p>Recent legislation has provided a general power for the District Court to issue a warrant where an arrestable offence is involved. There must be reasonable grounds for suspecting that evidence of or relating to the commission of an arrestable offence is to be found in a particular place.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Conducting_the_Search\"><\/span>Conducting the Search<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The warrant authorises a named member of the Garda\u00ed accompanied by other members as he thinks fit, to enter the property at any time or times within one week of the issue, on production if requested of the warrant and if necessary by the use of reasonable force.<\/p>\n<p>A person present may be required to give his name and address. A person who fails to do so or gives information which the member of the Garda S\u00edoch\u00e1na reasonably believes to be to be false or misleading or who attempts to obstruct the member in the execution of his duties may be arrested without warrant and may be found guilty of such offence in a summary prosecution.<\/p>\n<p>Some statutory provisions allow a Peace Commissioner to issue a warrant. Although some former powers of the Peace Commissioner have been found unconstitutional, the power to issue a search warrant has not been so found.<\/p>\n<p>Peace commissioners have been appointed since the foundation of the State. The office was created when the justices of the peace and resident magistrate were replaced by District judges. They are not legally qualified.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Crime_Scene\"><\/span>Crime Scene<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2006 Criminal Justice Act introduced provisions for the purpose of the preservation of a crime scene. Evidence at such a place may be preserved. Members of an Garda S\u00edoch\u00e1na may take steps as are necessary to preserve evidence relating to an arrestable offence. He must obtain a direction from a superintendent or higher rank to designate the place as a crime scene. The direction authorises members of the Garda S\u00edoch\u00e1na to take steps necessary to preserve search for and collect evidence at the scene.<\/p>\n<p>Steps that may be taken include, delineating the area concerned, ordering people to leave, preventing entry, securing the scene, searching, \u00a0examining and photographing the scene. The scene may be maintained for up to 24 hours. This period may be extended for a further 24 hours by a District judge on an application of a superintendent. Further extensions require an application to and approval of the High Court. Conditions may be imposed on the continuation of an order.<\/p>\n<p>It is an offence to interfere with Garda\u00ed in the exercise of their duties in relation to a crime scene.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Updated_Provisions\"><\/span>Updated Provisions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Criminal Justice (Search Warrant) Act, 2012, updated the former search warrant provisions in the Offences against the State Act 1939 which was struck down by a Supreme Court decision.\u00a0 It also amended certain provisions of the Misuse of Drugs Act and the Criminal Justice (Drug Trafficking) Act.<\/p>\n<p>The legislation applies to offences under the Offences against the State Act.\u00a0 In broad terms, these are scheduled offences that may be tried before the Special Criminal Court, treason and related attempts conspiracies and incitement.<\/p>\n<p>A District Court judge may issue a warrant to search a place.\u00a0 He must be satisfied by information on oath by a member of Garda Siochana of the rank of sergeant or above, but there are reasonable grounds for suspecting that evidence of are relating to the commission of an offence to which the provision applies, is to be found in that place.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Garda_Superintendent_Wattant\"><\/span>Garda Superintendent Wattant<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A member of An Garda Siochana of superintendent rank may issue a search warrant to a sergeant or higher rank. The superintendent may issue a warrant only where he\/she is satisfied that the warrant is necessary for the proper investigation of an offence to which the provisions apply and he is satisfied that circumstances of urgency giving rise to the need for the immediate issue of a warrant which would render it impracticable to apply to a District Court judge.<\/p>\n<p>The issuing officer must be independent of the investigation concerned.\u00a0 He must not be in charge or involved in the investigation.<\/p>\n<p>The power to issue a warrant is without prejudice to any other power conferred by statute to issue a warrant for the purpose of searching of any place or person.<\/p>\n<p>A superintendent who issues a warrant must record in writing the grounds on which he issued the warrant as soon when it issues or as s 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 required matters.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Terms_of_Warrant\"><\/span>Terms of Warrant<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The warrant permits entry, search of both the place and persons found, seizure of anything found at the place or in possession of a person present at the place.<\/p>\n<p>The seizure power relates to items which the member from Garda Siochana reasonably believe to be evidence related to the commission of an offence to which the provision applies.\u00a0 The right to enter is subject to an obligation to produce the warrant or a copy of it, if requisite.\u00a0 Entry may be involved with reasonable force if required.<\/p>\n<p>A warrant may permit multiple entries within a week of the date of its issue.\u00a0 The maximum duration of 48 hours applies for superintendent issued warrants.\u00a0\u00a0 A member from Garda Siochana or the Defence Forces acting under the authority of a warrant under the provisions may require any person present where the search is being carried out to give his name and address.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Execution_of_Warrant\"><\/span>Execution of Warrant<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is a power of arrest if the person obstructs or attempts to obstruct the personnel in carrying out his duties, fails to give his name and address or gives a false and misleading name and address.<\/p>\n<p>It is a summary offence for a person to obstruct or attempt to obstruct a member acting under the authority of a warrant to fail to comply with the requirement to provide name or address when requested or to give a false and misleading name.\u00a0 The maximum penalty is a class A fine or imprisonment up to 12 months.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Drugs_Trafficking_Offences\"><\/span>Drugs Trafficking Offences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Amendments are made to the power in the Misuse of Drugs Act for a judge or peace commissioner to issue a search warrant in relation to drug offences.\u00a0 The Criminal Justice (Drug Trafficking) Act, 1996, is amended to allow a superintendent of rank or higher to issue a warrant under the Misuse of Drugs Acts in circumstances of urgency require the immediate issue of a warrant and where it would be impracticable to apply to a District Court or peace commissioner.\u00a0 A number of additional safeguards are provided.<\/p>\n<p>Only a superintendent who is independent of the investigation may issue the warrant.\u00a0 Independent has the same meaning as above. \u00a0The superintendent must record the grounds on which he issues the warrant at the time or as soon as reasonably practicable thereafter.<\/p>\n<p><!--nextpage--><\/p>\n<h2>CRIMINAL LAW ACT, 1976<\/h2>\n<p>AN ACT TO AMEND THE CRIMINAL LAW. [24th September, 1976]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>&nbsp;<\/p>\n<h4>Search warrants relating to commission of offences under Act of 1939 etc.<\/h4>\n<p>5.\u2014The following section is hereby substituted for section 29 of the Act of 1939 :<\/p>\n<p>\u201c29.\u2014(1) Where a member of the Garda S\u00edoch\u00e1na 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 S\u00edoch\u00e1na not below the rank of sergeant a search warrant under this section in relation to such place.<\/p>\n<p>(2) A search warrant under this section shall operate to authorise the member of the Garda S\u00edoch\u00e1na named in the warrant, accompanied by any members of the Garda S\u00edoch\u00e1na 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.<\/p>\n<p>(3) A member of the Garda S\u00edoch\u00e1na or the Defence Forces acting under the authority of a search warrant under this section may\u2014<\/p>\n<p>(a) demand the name and address of any person found where the search takes place, and<\/p>\n<p>(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.<\/p>\n<p>(4) Any person who obstructs or attempts to obstruct any member of the Garda S\u00edoch\u00e1na 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\u2014<\/p>\n<p>(a) on summary conviction, to a fine not exceeding \u00a3500 or to imprisonment for a term not exceeding 12 months, or to both, or<\/p>\n<p>(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.<\/p>\n<p>(5) Any reference in subsection (1) of this section to an offence includes a reference to attempting or conspiring to commit the offence.\u201d.<\/p>\n<h4>Escape from custody.<\/h4>\n<p>6.\u2014(1) Any person who\u2014<\/p>\n<p>(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<\/p>\n<p>(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,<\/p>\n<p>shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) on summary conviction, to a fine not exceeding \u00a3500 or to imprisonment for a term not exceeding 12 months, or to both, or<\/p>\n<p>(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.<\/p>\n<p>(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.<\/p>\n<h4>Power of Garda S\u00edoch\u00e1na in relation to certain arrested persons.<\/h4>\n<p>7.\u2014(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 S\u00edoch\u00e1na may do all or any of the following in respect of him :<\/p>\n<p>(a) demand of him his name and address;<\/p>\n<p>(b) search him or cause him to be searched;<\/p>\n<p>(c) photograph him or cause him to be photographed;<\/p>\n<p>(d) take, or cause to be taken, his fingerprints and palm prints;<\/p>\n<p>(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;<\/p>\n<p>(f) seize and retain for testing anything that he has in his possession.<\/p>\n<p>(2) Any person who obstructs or attempts to obstruct any member of the Garda S\u00edoch\u00e1na 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\u2014<\/p>\n<p>(a) on summary conviction, to a fine not exceeding \u00a3500 or to imprisonment for a term not exceeding 12 months, or to both, or<\/p>\n<p>(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.<\/p>\n<h4>Power of Garda S\u00edoch\u00e1na to search vehicles and persons in vehicles.<\/h4>\n<p>8.\u2014(1) This section applies to:<\/p>\n<p>(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;<\/p>\n<p>(b) an offence under section 2 or 3 of the Criminal Law (Jurisdiction) Act, 1976 ;<\/p>\n<p>(c) murder, manslaughter or an offence under section 18 of the Offences against the Person Act, 1861;<\/p>\n<p>(d) an offence under section 23 , 23A or 23B of the Larceny Act, 1916 ;<\/p>\n<p>(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);<\/p>\n<p>(f) an offence under the Firearms Acts, 1925 to 1971;<\/p>\n<p>(g) escape from lawful custody;<\/p>\n<p>(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 ;<\/p>\n<p>(i) an offence under this Act.<\/p>\n<p>(2) Where a member of the Garda S\u00edoch\u00e1na 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\u2014<\/p>\n<p>(a) any person in or accompanying the vehicle has committed, is committing or is about to commit the offence, or<\/p>\n<p>(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,<\/p>\n<p>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.<\/p>\n<p>(3) A member of the Garda S\u00edoch\u00e1na 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.<\/p>\n<p>(4) Any reference in subsection (1) of this section to an offence includes a reference to attempting or conspiring to commit the offence.<\/p>\n<h4>Power to retain articles seized.<\/h4>\n<p>9.\u2014(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 S\u00edoch\u00e1na, 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 S\u00edoch\u00e1na in the circumstances mentioned in that Act.<\/p>\n<p>(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.<\/p>\n<p>&nbsp;<\/p>\n<h4>Prohibition of giving certain false information.<\/h4>\n<p>12.\u2014Any person who\u2014<\/p>\n<p>(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<\/p>\n<p>(b) knowingly makes a false report or statement tending to show that he has information material to any inquiries by the Garda S\u00edoch\u00e1na and thereby causes the time of the Garda S\u00edoch\u00e1na to be wastefully employed,<\/p>\n<p>shall be guilty of an offence and shall be liable\u2014<\/p>\n<p>(i) on summary conviction, to a fine not exceeding \u00a3500 or to imprisonment for a term not exceeding 12 months, or to both, or<\/p>\n<p>(ii) on conviction on indictment, to imprisonment for a term not exceeding 5 years.<\/p>\n<h4>Offence committed while serving sentence.<\/h4>\n<p>13.\u2014(1) Any sentence of penal servitude or imprisonment or of detention in Saint Patrick&#8217;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.<\/p>\n<p>(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.<\/p>\n<p>(3) Subsection (1) of this section shall apply notwithstanding any thing contained in section 5 of the Criminal Justice Act, 1951 .<\/p>\n<h4>Restriction of meaning of \u201cdocument\u201d in sections 13 and 14 of Act of 1939.<\/h4>\n<p>14.\u2014In sections 13 and 14 of the Act of 1939, \u201cdocument\u201d does not include any of the things specified in the amendment of the definition of \u201cdocument\u201d made by section 5 of the Offences against the State (Amendment) Act, 1972.<\/p>\n<h4>Power of Defence Forces to arrest and search in certain circumstances.<\/h4>\n<p>15.\u2014(1) The powers conferred by subsections (3) and (4) of this section may be exercised only in accordance with subsection (2) of this section.<\/p>\n<p>(2) Whenever a member of the Garda S\u00edoch\u00e1na 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\u2014<\/p>\n<p>(a) himself and one or more members of the Defence Forces under his command, or<\/p>\n<p>(b) one or more members of the Defence Forces under his command,<\/p>\n<p>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).<\/p>\n<p>(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\u2014<\/p>\n<p>(i) any person in or accompanying the vehicle has committed, is committing or is about to commit the offence, or<\/p>\n<p>(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,<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(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 S\u00edoch\u00e1na would be entitled, if he so suspected, to arrest the person.<\/p>\n<p>(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 S\u00edoch\u00e1na would have in like circumstances.<\/p>\n<p>(c) This subsection shall not prejudice any power of arrest conferred by law apart from this subsection.<\/p>\n<p>(5) A person arrested under this section shall, as soon as may be, be delivered into the custody of the Garda S\u00edoch\u00e1na 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.<\/p>\n<p>(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.<\/p>\n<p>(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\u2014<\/p>\n<p>(i) that a request was made under subsection (2) of this section on a specified date by a member of the Garda S\u00edoch\u00e1na not below the rank of superintendent named in the certificate to an officer of the Defence Forces named in the certificate,<\/p>\n<p>(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<\/p>\n<p>(iii) that the power aforesaid was exercised during the period specified in the request.<\/p>\n<p>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.<\/p>\n<p>(b) Where a power conferred by subsection (3) or (4) of this section is exercised, a certificate signed by a member of the Garda S\u00edoch\u00e1na 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 S\u00edoch\u00e1na 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 S\u00edoch\u00e1na not below the rank of superintendent, be evidence in any proceedings of the matters certified in and by the certificate.<\/p>\n<p>(8) This section shall have effect only as long as the Emergency Powers Act, 1976 is in force.<\/p>\n<h4>Short title and application.<\/h4>\n<p>16.\u2014(1) This Act may be cited as the Criminal Law Act, 1976.<\/p>\n<p>(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.<\/p>\n<h2>CRIMINAL LAW 1997<\/h2>\n<h4>Search warrants in relation to serious offences.<\/h4>\n<p>10.\u2014(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\u2014<\/p>\n<p>(a) an indictable offence involving the death of or serious bodily injury to any person,<\/p>\n<p>(b) an offence of false imprisonment,<\/p>\n<p>(c) an offence of rape, or<\/p>\n<p>(d) an offence under an enactment set out in the First Schedule to this Act,<\/p>\n<p>is to be found in any place, issue a warrant for the search of that place and any persons found at that place.<\/p>\n<p>(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).<\/p>\n<p>(3) A member acting under the authority of a warrant under this section may\u2014<\/p>\n<p>(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<\/p>\n<p>(b) arrest otherwise than on foot of a warrant any person\u2014<\/p>\n<p>(i) who obstructs or attempts to obstruct that member in the carrying out of his or her duties,<\/p>\n<p>(ii) who fails to comply with a requirement under paragraph (a), or<\/p>\n<p>(iii) who gives a name or address which the member has reasonable cause for believing is false or misleading.<\/p>\n<p>(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 \u00a31,500, or to imprisonment for a period not exceeding 6 months, or to both.<\/p>\n<p>(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.<\/p>\n<p>(6) In this section\u2014<\/p>\n<p>\u201ccommission\u201d in relation to an offence, includes an attempt to commit such offence; and<\/p>\n<p>\u201cplace\u201d includes a dwelling.<\/p>\n<h4>Electronic recording of fingerprints and palmprints.<\/h4>\n<p>11.\u2014(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&#8217;s fingerprints or palmprints by electronic means or in any other manner.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) the said photograph is that of a specified person, or<\/p>\n<p>(b) the said image is that of the fingerprint or palmprint, as the case may be, of a specified person,<\/p>\n<p>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.<\/p>\n<h2>CRIMINAL JUSTICE ACT 2006<\/h2>\n<p>&nbsp;<\/p>\n<p>REVISED<\/p>\n<p>Updated to 19 July 2023<\/p>\n<p>AN ACT TO AMEND AND EXTEND THE POWERS OF THE GARDA S\u00cdOCH\u00c1NA 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 S\u00cdOCH\u00c1NA, 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 CH\u00d3D\u00da AN DL\u00cd CHOIRI\u00daIL OR, IN THE ENGLISH LANGUAGE AS, THE CRIMINAL LAW CODIFICATION ADVISORY COMMITTEE AND TO PROVIDE FOR RELATED MATTERS.<\/p>\n<p>[16th July, 2006]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nTerms \u201cprobation officer\u201d, \u201cwelfare officer\u201d and \u201cprobation and welfare officer\u201d 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).<\/p>\n<p>References to Probation and Welfare Service, etc.<\/p>\n<p>13.\u2014 &#8230;<\/p>\n<p>(2) A person appointed by the Minister who was before the coming into operation of this section referred to as\u2014<\/p>\n<p>(a) a probation officer,<\/p>\n<p>(b) a welfare officer, or<\/p>\n<p>(c) a probation and welfare officer,<\/p>\n<p>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.<\/p>\n<p>C2<br \/>\nFunctions transferred and references to \u201cDepartment of Finance\u201d and \u201cMinister for Finance\u201d 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).<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>3. The functions conferred on the Minister for Finance by or under the provisions of \u2014<\/p>\n<p>(a) the enactments specified in Schedule 1, and<\/p>\n<p>(b) the statutory instruments specified in Schedule 2,<\/p>\n<p>are transferred to the Minister for Public Expenditure and Reform.<\/p>\n<p>&#8230;<\/p>\n<p>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.<\/p>\n<p>&#8230;<\/p>\n<p>Schedule 1<\/p>\n<p>Enactments<\/p>\n<p>&#8230;<\/p>\n<p>Part 2<\/p>\n<p>1922 to 2011 Enactments<\/p>\n<p>Number and Year<\/p>\n<p>Short Title<\/p>\n<p>Provision<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>No. 26 of 2006<\/p>\n<p>Criminal Justice Act 2006<\/p>\n<p>Sections 112, 118(7), 119(3), 170(3)<\/p>\n<p>and 174<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>C3<br \/>\nApplication 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).<\/p>\n<p>Provisions of Firearms Acts and other Statutes.<\/p>\n<p>8. The provisions of the Firearms Acts and other relevant statutes, including provisions relating to powers of the Garda S\u00edoch\u00e1na 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.<\/p>\n<p>&#8230;<\/p>\n<p>PART 1<\/p>\n<p>Preliminary and General<\/p>\n<p>Short title and commencement.<\/p>\n<p>1.\u2014 (1) This Act may be cited as the Criminal Justice Act 2006.<\/p>\n<p>(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.<\/p>\n<p>(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 S\u00edoch\u00e1na, 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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(6) The collective citation \u201cthe Misuse of Drugs Acts 1977 to 2006\u201d 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.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nA table of commencement information ordered by section is available at https:\/\/www.irishstatutebook.ie\/eli\/isbc\/2006_26.html.<\/p>\n<p>E2<br \/>\nPower pursuant to section exercised (2.07.2010) by Criminal Justice Act 2006 (Commencement) Order 2010 (S.I. No. 336 of 2010).<\/p>\n<p>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:<\/p>\n<p>(a) section 108(4);<\/p>\n<p>(b) section 109;<\/p>\n<p>(c) section 111 (other than paragraph (a));<\/p>\n<p>(d) section 112 (other than paragraph (a)).<\/p>\n<p>E3<br \/>\nPower pursuant to section exercised (1.08.2009) by Criminal Justice Act 2006 (Commencement) Order 2009 (S.I. No. 309 of 2009).<\/p>\n<p>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.<\/p>\n<p>E4<br \/>\nPower pursuant to section exercised (1.01.2008) by Criminal Justice Act 2006 (Commencement) (No. 4) Order 2007 (S.I. 848 of 2007).<\/p>\n<p>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.<\/p>\n<p>E5<br \/>\nPower pursuant to section exercised (10.09.2007) by Criminal Justice Act 2006 (Commencement) (No. 3) Order 2007 (S.I. No. 600 of 2007).<\/p>\n<p>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.<\/p>\n<p>E6<br \/>\nPower 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).<\/p>\n<p>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.<\/p>\n<p>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\u2014<\/p>\n<p>(a) section 132 (in so far as it relates to the insertion of section 76A(1)(c) of the Act of 2001), and<\/p>\n<p>(b) section 144,<\/p>\n<p>shall, in so far as not already in operation, come into operation.<\/p>\n<p>E7<br \/>\nPower pursuant to section exercised (1.02.2007) by Criminal Justice Act 2006 (Commencement) Order 2007 (S.I. No. 25 of 2007).<\/p>\n<p>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.<\/p>\n<p>E8<br \/>\nPower pursuant to section exercised (1.01.2007) by Criminal Justice Act 2006 (Commencement) (No. 5) Order 2006 (S.I. No. 689 of 2006).<\/p>\n<p>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.<\/p>\n<p>E9<br \/>\nPower pursuant to section exercised (14.12.2006) by Criminal Justice Act 2006 (Commencement) (No. 4) Order 2006 (S.I. No. 622 of 2006).<\/p>\n<p>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.<\/p>\n<p>E10<br \/>\nPower pursuant to section exercised (1.12.2006) by Children Act 2001 (Amendments to Part 11) (Commencement) Order 2006 (S.I. No. 590 of 2006).<\/p>\n<p>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.<\/p>\n<p>E11<br \/>\nPower pursuant to section exercised (29.11.2006) by Criminal Justice Act 2006 (Commencement) (No. 3) Order 2006 (S.I. No. 586 of 2006).<\/p>\n<p>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.<\/p>\n<p>E12<br \/>\nPower pursuant to section exercised (16.10.2006) by Criminal Justice Act 2006 (Commencement) (No. 2) Order 2006 (S.I. No. 529 of 2006).<\/p>\n<p>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:<\/p>\n<p>(a) sections 120, 121(a), 128, 129 and 130, and<\/p>\n<p>(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.<\/p>\n<p>E13<br \/>\nPower pursuant to section exercised (1.08.2006 and others) by Criminal Justice Act 2006 (Commencement) Order 2006 (S.I. No. 390 of 2006).<\/p>\n<p>3. The 1st day of August 2006 is appointed as the day on which\u2014<\/p>\n<p>(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),<\/p>\n<p>(b) Part 15, and<\/p>\n<p>(c) Schedules 1 and 2,<\/p>\n<p>of the Act of 2006 shall come into operation.<\/p>\n<p>4. The 2nd day of October 2006 is appointed as the day on which\u2014<\/p>\n<p>(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<\/p>\n<p>(b) Schedule 3,<\/p>\n<p>of the Act of 2006 shall come into operation.<\/p>\n<p>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.<\/p>\n<h4>Interpretation.<\/h4>\n<p>2.\u2014 (1) In this Act, unless the context otherwise requires\u2014<\/p>\n<p>\u201cAct of 1939\u201d means the Offences Against the State Act 1939;<\/p>\n<p>\u201cAct of 1967\u201d means Criminal Procedure Act 1967;<\/p>\n<p>\u201cAct of 1984\u201d means Criminal Justice Act 1984;<\/p>\n<p>\u201carrestable offence\u201d has the meaning it has in section 2 (as amended by section 8) of the Criminal Law Act 1997;<\/p>\n<p>\u201cMinister\u201d means Minister for Justice, Equality and Law Reform;<\/p>\n<p>\u201cplace\u201d includes a dwelling.<\/p>\n<p>(2) In this Act, where the context so requires\u2014<\/p>\n<p>(a) a reference to an offence shall be construed as including a reference to a suspected offence, and<\/p>\n<p>(b) a reference to the commission of an offence shall be construed as including a reference to the attempted commission of an offence.<\/p>\n<p>Regulations.<\/p>\n<p>3.\u2014 (1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.<\/p>\n<p>(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.<\/p>\n<p>Expenses.<\/p>\n<p>4.\u2014 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.<\/p>\n<p>PART 2<\/p>\n<h4>Investigation of Offences<\/h4>\n<h4>Designation of place as crime scene.<\/h4>\n<p>5.\u2014 (1) Where a member of the Garda S\u00edoch\u00e1na is in\u2014<\/p>\n<p>(a) a public place, or<\/p>\n<p>(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,<\/p>\n<p>and he or she has reasonable grounds for believing that\u2014<\/p>\n<p>(i) an arrestable offence was, is being, or may have been committed in the place, or<\/p>\n<p>(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,<\/p>\n<p>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.<\/p>\n<p>(2) A member of the Garda S\u00edoch\u00e1na 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 S\u00edoch\u00e1na not below the rank of superintendent to give a direction under subsection (3) in relation to the place concerned.<\/p>\n<p>(3) A member of the Garda S\u00edoch\u00e1na 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\u2014<\/p>\n<p>(a) either\u2014<\/p>\n<p>(i) an arrestable offence was, is being, or may have been committed in the place, or<\/p>\n<p>(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,<\/p>\n<p>and<\/p>\n<p>(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.<\/p>\n<p>(4) A direction under subsection (3) shall authorise such members of the Garda S\u00edoch\u00e1na as a member of the Garda S\u00edoch\u00e1na 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:<\/p>\n<p>(a) delineating and segregating the area of the crime scene by means of notices, markings or barriers;<\/p>\n<p>(b) directing a person to leave the crime scene;<\/p>\n<p>(c) removing a person who fails to comply with a direction to leave the crime scene;<\/p>\n<p>(d) directing a person not to enter the crime scene;<\/p>\n<p>(e) preventing a person from entering the crime scene;<\/p>\n<p>(f) permitting a person authorised under subsection (5) to enter the crime scene;<\/p>\n<p>(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;<\/p>\n<p>(h) securing the crime scene from any unauthorised intrusion or disturbance;<\/p>\n<p>(i) searching the crime scene and examining the scene and anything at the scene; and<\/p>\n<p>(j) photographing or otherwise recording the crime scene or anything at the scene.<\/p>\n<p>(5) A member of the Garda S\u00edoch\u00e1na 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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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 S\u00edoch\u00e1na 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.<\/p>\n<p>(9) If a judge of the District Court is satisfied by information on oath of a member of the Garda S\u00edoch\u00e1na not below the rank of superintendent that\u2014<\/p>\n<p>(a) a direction under subsection (3) designating a place as a crime scene is in force,<\/p>\n<p>(b) there are reasonable grounds for believing that there is, or may be, evidence at the crime scene,<\/p>\n<p>(c) the continuance of the direction in force is necessary to preserve, search for and collect any such evidence, and<\/p>\n<p>(d) the investigation of the offence to which any such evidence relates is being conducted diligently and expeditiously,<\/p>\n<p>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.<\/p>\n<p>(10) A direction under subsection (3) may be continued in force under subsection (9) not more than three times.<\/p>\n<p>(11) If the High Court is satisfied, upon application being made to it in that behalf by a member of the Garda S\u00edoch\u00e1na not below the rank of superintendent, that\u2014<\/p>\n<p>(a) a direction under subsection (3) designating a place as a crime scene is in force,<\/p>\n<p>(b) there are reasonable grounds for believing that there is, or may be, evidence at the crime scene,<\/p>\n<p>(c) exceptional circumstances exist which warrant the continuance of the direction in force to preserve, search for and collect any such evidence, and<\/p>\n<p>(d) the investigation of the offence to which any such evidence relates is being conducted diligently and expeditiously,<\/p>\n<p>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.<\/p>\n<p>(12) A member of the Garda S\u00edoch\u00e1na 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\u2014<\/p>\n<p>(a) the occupier of the place the subject of the application, or<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) the direction is in force when the application is made, and<\/p>\n<p>(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.<\/p>\n<p>(16) A person who obstructs a member of the Garda S\u00edoch\u00e1na 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 \u20ac3,000 or imprisonment for a term not exceeding 6 months or both.<\/p>\n<p>(17) A member of the Garda S\u00edoch\u00e1na may arrest without warrant any person whom the member reasonably suspects of committing or having committed an offence under subsection (16) .<\/p>\n<p>(18) Nothing in this section shall prevent\u2014<\/p>\n<p>(a) the designation of a place as a crime scene, or<\/p>\n<p>(b) a member of the Garda S\u00edoch\u00e1na from taking any of the steps referred to in subsection (4) at a place so designated,<\/p>\n<p>if the owner or occupier of the place consents to such designation or the taking of any of those steps.<\/p>\n<p>(19) In this section\u2014<\/p>\n<p>\u201cevidence\u201d means evidence of, or relating to, the commission of an arrestable offence;<\/p>\n<p>\u201cpreserve\u201d, in relation to evidence, includes any action to prevent the concealment, loss, removal, contamination or destruction of, or damage or alteration to, the evidence.<\/p>\n<p>Annotations:<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C4<br \/>\nSection applied with modifications (15.07.2022) by Institutional Burials Act 2022 (18\/2022), s. 37, S.I. No. 356 of 2022.<\/p>\n<p>Principal burial land or ancillary burial land as crime scene<\/p>\n<p>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 S\u00edoch\u00e1na 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.<\/p>\n<p>(2) Where a direction is issued under section 5 of the Act of 2006, that section shall apply subject to the following modifications\u2014<\/p>\n<p>(a) the reference in subsection (7) of that section to 24 hours shall be construed as a reference to 7 days,<\/p>\n<p>(b) the reference in subsection (9) of that section to 48 hours shall be construed as a reference to 14 days,<\/p>\n<p>(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,<\/p>\n<p>(d) subsection (12)(b) of that section shall not apply,<\/p>\n<p>(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,<\/p>\n<p>(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<\/p>\n<p>(g) any other necessary modifications.<\/p>\n<p>(3) In this section, \u201cAct of 2006\u201d means the Criminal Justice Act 2006.<\/p>\n<h4>Search warrants in relation to arrestable offences.<\/h4>\n<p>6.\u2014 (1) The Criminal Justice (Miscellaneous Provisions) Act 1997 is amended by\u2014<\/p>\n<p>(a) the substitution of the following section for section 10:<\/p>\n<p>\u201cSearch warrants in relation to arrestable offences.<\/p>\n<p>10.\u2014 (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.<\/p>\n<p>(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\u2014<\/p>\n<p>(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,<\/p>\n<p>(b) to search it and any persons found at that place, and<\/p>\n<p>(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.<\/p>\n<p>(3) A member acting under the authority of a search warrant under this section may\u2014<\/p>\n<p>(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<\/p>\n<p>(b) arrest without warrant any person who\u2014<\/p>\n<p>(i) obstructs or attempts to obstruct the member in the carrying out of his or her duties,<\/p>\n<p>(ii) fails to comply with a requirement under paragraph (a), or<\/p>\n<p>(iii) gives a name or address which the member has reasonable cause for believing is false or misleading.<\/p>\n<p>(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 \u20ac3,000 or imprisonment for a term not exceeding 6 months or both.<\/p>\n<p>(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.<\/p>\n<p>(6) In this section\u2014<\/p>\n<p>\u2018arrestable offence\u2019 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;<\/p>\n<p>\u2018place\u2019 means a physical location and includes\u2014<\/p>\n<p>(a) a dwelling, residence, building or abode,<\/p>\n<p>(b) a vehicle, whether mechanically propelled or not,<\/p>\n<p>(c) a vessel, whether sea-going or not,<\/p>\n<p>(d) an aircraft, whether capable of operation or not, and<\/p>\n<p>(e) a hovercraft.\u201d,<\/p>\n<p>and<\/p>\n<p>(b) the deletion of the First Schedule.<\/p>\n<p>(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.<\/p>\n<h4>Power to seize and retain evidence.<\/h4>\n<p>7.\u2014 (1) Where a member of the Garda S\u00edoch\u00e1na who is in\u2014<\/p>\n<p>(a) a public place, or<\/p>\n<p>(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,<\/p>\n<p>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 S\u00edoch\u00e1na in the circumstances mentioned in that Act.<\/p>\n<p>(2) If it is represented or appears to a member of the Garda S\u00edoch\u00e1na 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.<\/p>\n<p>(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 S\u00edoch\u00e1na to seize and retain evidence of, or relating to, the commission or attempted commission of an offence.<\/p>\n<h4>Arrestable offences.<\/h4>\n<p>8.\u2014 Section 2(1) of the Criminal Law Act 1997 is amended in the definition of \u201carrestable offence\u201d by the substitution of \u201cunder or by virtue of any enactment or the common law\u201d for \u201cunder or by virtue of any enactment\u201d.<\/p>\n<h4>Amendment of section 4 of Act of 1984.<\/h4>\n<p>9.\u2014 Section 4 of the Act of 1984 is amended\u2014<\/p>\n<p>(a) in subsection (1), by the substitution of \u201cunder or by virtue of any enactment or the common law\u201d for \u201cunder or by virtue of any enactment\u201d,<\/p>\n<p>(b) by the substitution of the following subsection for subsection (2):<\/p>\n<p>\u201c(2) (a) Where a member of the Garda S\u00edoch\u00e1na arrests without warrant, whether in a Garda S\u00edoch\u00e1na 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\u2014<\/p>\n<p>(i) if not already in a Garda S\u00edoch\u00e1na station, may be taken to and detained in a Garda S\u00edoch\u00e1na station, or<\/p>\n<p>(ii) if he or she is arrested in a Garda S\u00edoch\u00e1na station, may be detained in the station,<\/p>\n<p>for such period as is authorised by this section if the member of the Garda S\u00edoch\u00e1na 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\u2019s 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.<\/p>\n<p>(b) Where a member of the Garda S\u00edoch\u00e1na 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 S\u00edoch\u00e1na station for such period as is authorised by this section if the member of the Garda S\u00edoch\u00e1na in charge of the station to which the person is taken on arrest has at the time of the person\u2019s arrival at the station reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence.\u201d,<\/p>\n<p>(c) in subsection (3)\u2014<\/p>\n<p>(i) by the insertion of the following paragraph after paragraph (b):<\/p>\n<p>\u201c(bb) A member of the Garda S\u00edoch\u00e1na 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.\u201d,<\/p>\n<p>(ii) in paragraph (c), by the substitution of \u201cparagraph (b) or (bb)\u201d for \u201cparagraph (b)\u201d,<\/p>\n<p>and<\/p>\n<p>(d) in subsection (9), by the substitution of \u201cfor longer than twenty-four hours\u201d for \u201cfor longer than twelve hours\u201d.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E14<br \/>\nCriminal Justice Act 1984 (Treatment of persons in custody in Garda S\u00edoch\u00e1na 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 S\u00edoch\u00e1na Stations) (Amendment) Regulations 2006 (S.I. No. 641 of 2006) to reflect amendments made by this section.<\/p>\n<h4>Amendment of Criminal Justice (Drug Trafficking) Act 1996.<\/h4>\n<p>10.\u2014 The Criminal Justice (Drug Trafficking) Act 1996 is amended\u2014<\/p>\n<p>(a) in section 2\u2014<\/p>\n<p>(i) in subsection (1), by the substitution of the following paragraph for paragraph (a):<\/p>\n<p>\u201c(a) Where a member of the Garda S\u00edoch\u00e1na arrests without warrant, whether in a Garda S\u00edoch\u00e1na station or elsewhere, a person (an \u2018arrested person\u2019) whom he or she, with reasonable cause, suspects of having committed a drug trafficking offence, the arrested person\u2014<\/p>\n<p>(i) if not already in a Garda S\u00edoch\u00e1na station, may be taken to and detained in a Garda S\u00edoch\u00e1na station, or<\/p>\n<p>(ii) if he or she is arrested in a Garda S\u00edoch\u00e1na station, may be detained in the station,<\/p>\n<p>for a period or periods authorised by subsection (2) if the member of the Garda S\u00edoch\u00e1na 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\u2019s 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.\u201d,<\/p>\n<p>(ii) by the insertion of the following subsection after subsection (7):<\/p>\n<p>\u201c(7A) Notwithstanding subsections (2) and (7), if\u2014<\/p>\n<p>(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<\/p>\n<p>(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,<\/p>\n<p>it shall be deemed not to expire until the determination of the application.\u201d,<\/p>\n<p>and<\/p>\n<p>(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):<\/p>\n<p>\u201c(a) the substitution for paragraph (a) in subsection (1) of the following paragraph:<\/p>\n<p>\u2018(a) Where a member of the Garda S\u00edoch\u00e1na arrests a person (an \u201carrested person\u201d) under a warrant issued pursuant to section 4(1), the arrested person may be taken to and detained in a Garda S\u00edoch\u00e1na station for a period or periods authorised by subsection (2) if the member of the Garda S\u00edoch\u00e1na in charge of the station to which the arrested person is taken on arrest has at the time of the arrested person\u2019s arrival at the station reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence.\u2019.\u201d.<\/p>\n<h4>Amendment of section 42 of Criminal Justice Act 1999.<\/h4>\n<p>11.\u2014 Section 42 of the Criminal Justice Act 1999 is amended\u2014<\/p>\n<p>(a) in subsection (2), by the deletion of subsection (2) and substitution with the following:<\/p>\n<p>\u201c(2) A member of an Garda S\u00edoch\u00e1na 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 S\u00edoch\u00e1na not below the rank of superintendent, that the following conditions are fulfilled:<\/p>\n<p>(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;<\/p>\n<p>(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<\/p>\n<p>(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 S\u00edoch\u00e1na since that arrest as to the prisoner\u2019s suspected participation in the offence or offences for which his or her arrest is sought.\u201d,<\/p>\n<p>and<\/p>\n<p>(b) in subsection (5)\u2014<\/p>\n<p>(i) in paragraph (a), by the substitution of \u201cthe offence or offences in respect of which he or she was arrested\u201d for \u201cthe offence in respect of which he or she was arrested\u201d, and<\/p>\n<p>(ii) in paragraph (b), by the substitution of \u201cthe proper investigation of that offence or those offences\u201d for \u201cthe proper investigation of that offence\u201d.<\/p>\n<h4>Power of Garda S\u00edoch\u00e1na to photograph arrested persons.<\/h4>\n<p>12.\u2014 (1) Where a person is arrested by a member of the Garda S\u00edoch\u00e1na 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 S\u00edoch\u00e1na 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.<\/p>\n<p>(2) The power conferred by subsection (1) shall not be exercised except on the authority of a member of the Garda S\u00edoch\u00e1na not below the rank of sergeant.<\/p>\n<p>(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.<\/p>\n<p>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:<\/p>\n<p>(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 S\u00edoch\u00e1na under any power conferred on him or her by law;<\/p>\n<p>(b) references to section 6 or 6A of the Act of 1984 shall be construed as references to this section; and<\/p>\n<p>(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 S\u00edoch\u00e1na under any power conferred on him or her by law.]<\/p>\n<p>(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 \u20ac3,000 or imprisonment for a term not exceeding 6 months or both.<\/p>\n<p>(6) The power conferred by this section is without prejudice to any other power exercisable by a member of the Garda S\u00edoch\u00e1na to photograph a person.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nSubstituted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11\/2014), s. 107, S.I. No. 508 of 2015.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E15<br \/>\nA fine of \u20ac3,000 translates into a class B fine, not greater than \u20ac4,000, 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.<\/p>\n<h4>Amendment of Act of 1984.<\/h4>\n<p>13.\u2014 The Act of 1984 is amended\u2014<\/p>\n<p>(a) in section 6(4), by the substitution of \u201c\u20ac3,000\u201d for \u201c\u00a31,000\u201d,<\/p>\n<p>(b) in section 8\u2014<\/p>\n<p>(i) in subsection (2), by the substitution of \u201cwithin the period of twelve months\u201d for \u201cwithin the period of six months\u201d,<\/p>\n<p>(ii) by the substitution of the following subsections for subsection (3):<\/p>\n<p>\u201c(3) Where proceedings have been so instituted and\u2014<\/p>\n<p>(a) the person is acquitted,<\/p>\n<p>(b) the charge against the person in respect of the offence concerned is dismissed under section 4E of the Criminal Procedure Act 1967, or<\/p>\n<p>(c) the proceedings are discontinued,<\/p>\n<p>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.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) the time for bringing an appeal against the dismissal has expired,<\/p>\n<p>(b) any such appeal has been withdrawn or abandoned, or<\/p>\n<p>(c) on any such appeal, the dismissal is upheld.\u201d,<\/p>\n<p>and<\/p>\n<p>(iii) in subsection (7)\u2014<\/p>\n<p>(I) by the substitution of \u201cfor a period not exceeding twelve months\u201d for \u201cfor a period not exceeding six months\u201d, and<\/p>\n<p>(II) by the substitution of \u201cfor the purpose of proceedings or further proceedings\u201d for \u201cfor the purpose of further proceedings\u201d,<\/p>\n<p>and<\/p>\n<p>(c) in section 28(4), by the substitution of \u201c\u20ac3,000\u201d for \u201c\u00a31,500\u201d.<\/p>\n<h4>Amendment of Criminal Justice (Forensic Evidence) Act 1990.<\/h4>\n<p>14.\u2014 The Criminal Justice (Forensic Evidence) Act 1990 is amended\u2014<\/p>\n<p>(a) in section 2\u2014<\/p>\n<p>(i) in subsection (1)\u2014<\/p>\n<p>(I) by the substitution of \u201cthe provisions of subsections (4) to (8A)\u201d for \u201cthe provisions of subsections (4) to (8)\u201d,<\/p>\n<p>(II) by the substitution of the following paragraph for paragraph (b):<\/p>\n<p>\u201c(b) a swab from any part of the body including the mouth but not from any other body orifice or a genital region,\u201d,<\/p>\n<p>(III) by the substitution of the following paragraph for paragraph (c):<\/p>\n<p>\u201c(c) a swab from a body orifice, other than the mouth, or a genital region,\u201d,<\/p>\n<p>(IV) in paragraph (e), by the deletion of \u201cor mouth\u201d,<\/p>\n<p>(ii) by the insertion of the following subsection after subsection (1):<\/p>\n<p>\u201c(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.\u201d,<\/p>\n<p>(iii) in subsection (2), by the substitution of \u201cthe provisions of subsections (3) to (8A)\u201d for \u201cthe provisions of subsections (3) to (8)\u201d,<\/p>\n<p>(iv) in subsection (4)(b), by the substitution of \u201csubparagraph (i), (ii) or (iii) of paragraph (a) of subsection (1) of this section\u201d for \u201csubparagraph (i), (ii), (iii) or (iv) of paragraph (a) of subsection (1) of this section\u201d,<\/p>\n<p>(v) in subsection (5), by the insertion in paragraph (a)(ii) after \u201capplies\u201d of \u201cor a drug trafficking offence within the meaning of section 3(1) of the Criminal Justice Act 1994\u201d,<\/p>\n<p>(vi) by the insertion of the following subsection after subsection (8):<\/p>\n<p>\u201c(8A) Where a sample of hair other than pubic hair is taken in accordance with this section\u2014<\/p>\n<p>(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<\/p>\n<p>(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.\u201d,<\/p>\n<p>(vii) in subsection (9), by the substitution of \u201c\u20ac3,000\u201d for \u201c\u00a31,000\u201d,<\/p>\n<p>(b) in section 4\u2014<\/p>\n<p>(i) in subsection (2), by the substitution of \u201cwithin twelve months from the taking of the sample\u201d for \u201cwithin six months from the taking of the sample\u201d, and<\/p>\n<p>(ii) by the substitution of the following subsections for subsection (3):<\/p>\n<p>\u201c(3) Where proceedings have been so instituted and\u2014<\/p>\n<p>(a) the person is acquitted,<\/p>\n<p>(b) the charge against the person in respect of the offence concerned is dismissed under section 4E of the Criminal Procedure Act 1967, or<\/p>\n<p>(c) the proceedings are discontinued,<\/p>\n<p>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.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) the time for bringing an appeal against the dismissal has expired,<\/p>\n<p>(b) any such appeal has been withdrawn or abandoned, or<\/p>\n<p>(c) on any such appeal, the dismissal is upheld.\u201d,<\/p>\n<p>(c) in section 5(2), by the deletion of \u201cand\u201d at the end of paragraph (a) and the insertion of the following paragraph after paragraph (a):<\/p>\n<p>\u201c(aa) make provision for\u2014<\/p>\n<p>(i) the manner in which samples may be taken,<\/p>\n<p>(ii) the location and physical conditions in which samples may be taken, and<\/p>\n<p>(iii) the persons (including members of the Garda S\u00edoch\u00e1na), and the number of such persons, who may be present when samples are taken, and\u201d.<\/p>\n<p>&nbsp;<\/p>\n<h4>Execution of certain warrants.<\/h4>\n<p>194.\u2014 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 S\u00edoch\u00e1na in any part of the State.<\/p>\n<p>&nbsp;<\/p>\n<h2>CRIMINAL JUSTICE ACT 2006<\/h2>\n<h4>Amendment of section 25 of Petty Sessions (Ireland) Act 1851.<\/h4>\n<p>193.\u2014 Section 25 of the Petty Sessions (Ireland) Act 1851 is amended by the substitution of the following paragraph for paragraph 1:<\/p>\n<p>\u201c1. 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 S\u00edoch\u00e1na of the Garda S\u00edoch\u00e1na district within which the place where the warrant is issued is situated or the person named in the warrant resides:\u201d.<\/p>\n<p>&nbsp;<\/p>\n<h2>CRIMINAL JUSTICE (SEARCH WARRANTS) ACT 2012<\/h2>\n<p>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.<\/p>\n<p>[24th July, 2012]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<h4>Amendment of Offences against the State Act 1939.<\/h4>\n<p>1.\u2014 The Offences against the State Act 1939 is amended by the substitution of the following section for section 29:<\/p>\n<p>\u201c<\/p>\n<h4>Search warrants relating to commission of offences under this Act, etc.<\/h4>\n<p>29.\u2014 (1) In this section \u2018an offence to which this section applies\u2019 means\u2014<\/p>\n<p>(a) an offence under this Act,<\/p>\n<p>(b) an offence under the Criminal Law Act 1976 ,<\/p>\n<p>(c) an offence which is for the time being a scheduled offence for the purposes of Part V of this Act,<\/p>\n<p>(d) treason, or<\/p>\n<p>(e) an offence of attempting or conspiring to commit, or inciting the commission of, an offence referred to in paragraph (a), (b) or (d).<\/p>\n<p>(2) If a judge of the District Court is satisfied by information on oath of a member of the Garda S\u00edoch\u00e1na 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.<\/p>\n<p>(3) Subject to subsections (4) and (5), if a member of the Garda S\u00edoch\u00e1na 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 S\u00edoch\u00e1na not below the rank of sergeant a warrant for the search of that place and any persons found at that place.<\/p>\n<p>(4) A member of the Garda S\u00edoch\u00e1na not below the rank of superintendant shall not issue a search warrant under this section unless he or she is satisfied\u2014<\/p>\n<p>(a) that the search warrant is necessary for the proper investigation of an offence to which this section applies, and<\/p>\n<p>(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.<\/p>\n<p>(5) A member of the Garda S\u00edoch\u00e1na 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.<\/p>\n<p>(6) A search warrant under this section shall be expressed, and shall operate, to authorise the member of the Garda S\u00edoch\u00e1na named in the warrant, accompanied by such members of the Garda S\u00edoch\u00e1na or of the Defence Forces as the member considers necessary\u2014<\/p>\n<p>(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,<\/p>\n<p>(b) to search it and any persons found at that place, and<\/p>\n<p>(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 offence to which this section applies.<\/p>\n<p>(7) Notwithstanding subsection (6), a search warrant issued by a member of the Garda S\u00edoch\u00e1na 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.<\/p>\n<p>(8) A member of the Garda S\u00edoch\u00e1na or of the Defence Forces acting under the authority of a search warrant under this section may\u2014<\/p>\n<p>(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<\/p>\n<p>(b) arrest without warrant any person who\u2014<\/p>\n<p>(i) obstructs or attempts to obstruct the member in the carrying out of his or her duties,<\/p>\n<p>(ii) fails to comply with a requirement under paragraph (a), or<\/p>\n<p>(iii) gives a name or address which the member has reasonable cause for believing is false or misleading.<\/p>\n<p>(9) A person who obstructs or attempts to obstruct a member of the Garda S\u00edoch\u00e1na 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.<\/p>\n<p>(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.<\/p>\n<p>(11) A member of the Garda S\u00edoch\u00e1na 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).<\/p>\n<p>(12) In this section\u2014<\/p>\n<p>\u2018independent of\u2019, in relation to the investigation of an offence, means not being in charge of, or involved in, that investigation;<\/p>\n<p>\u2018place\u2019 includes\u2014<\/p>\n<p>(a) a dwelling or a part thereof,<\/p>\n<p>(b) a building or a part thereof,<\/p>\n<p>(c) a vehicle, whether mechanically propelled or not,<\/p>\n<p>(d) a vessel, whether sea-going or not,<\/p>\n<p>(e) an aircraft, whether capable of operation or not, and<\/p>\n<p>(f) a hovercraft.\u201d.<\/p>\n<h4>Amendment of section 26(1) of Misuse of Drugs Act 1977.<\/h4>\n<p>2.\u2014 Section 26 (1) of the Misuse of Drugs Act 1977 is amended by the substitution of \u201csubject to the provisions of subsections (2) and (2A) of section 8 of the Criminal Justice (Drug Trafficking) Act 1996 \u201d for \u201csubject to the provisions of subsection (2) of section 8 of the Criminal Justice (Drug Trafficking) Act 1996 \u201d.<\/p>\n<h4>Amendment of section 8 of Criminal Justice (Drug Trafficking) Act 1996.<\/h4>\n<p>3.\u2014 (1) Section 8 of the Criminal Justice (Drug Trafficking) Act 1996 is amended by the insertion of the following subsections after subsection (2):<\/p>\n<p>\u201c(2A) (a) A member of the Garda S\u00edoch\u00e1na 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.<\/p>\n<p>(b) In this subsection \u2018independent of\u2019, in relation to the investigation of an offence, means not being in charge of, or involved in, that investigation.<\/p>\n<p>(2B) A member of the Garda S\u00edoch\u00e1na 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).\u201d.<\/p>\n<p>(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.<\/p>\n<p>Short title and commencement.<\/p>\n<p>4.\u2014 (1) This Act may be cited as the Criminal Justice (Search Warrants) Act 2012.<\/p>\n<p>(2) This Act shall come into operation on the day after the day of its passing.<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-1464\" data-postid=\"1464\" class=\"themify_builder_content themify_builder_content-1464 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Common Law Powers Members of an Garda S\u00edoch\u00e1na have powers and duties of the common law to investigate crime. They are obliged to keep the peace, prevent crime and protect persons and property from injury. A member of an Garda S\u00edoch\u00e1na is entitled to approach members of the public and communicate with them. He need [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[173],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1464"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=1464"}],"version-history":[{"count":20,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1464\/revisions"}],"predecessor-version":[{"id":33971,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1464\/revisions\/33971"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1464"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1464"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1464"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}