Criminal Damage Act 1991

Search warrant.

13

13. (1) If a judge of the District Court is satisfied by information on oath of a member of the Garda Síochána that there is reasonable cause to believe that any person has in his custody or under his control or on his premises any thing and that it has been used, or is intended for use, without lawful excuse—

( a) to damage property belonging to another,

( b) to damage any property in a way likely to endanger the life of another or with intent to defraud, or

( c) F16 [ ]

the judge may issue a search warrant mentioned in subsection (2).

(2) A search warrant issued under this section shall be expressed and operate to authorise a named member of the Garda Síochána, accompanied by such other members of the Garda Síochána as may be necessary, at any time or times within one month of the date of issue of the warrant, to enter if need be by force the premises named in the warrant, to search the premises and any persons found therein, to seize and detain anything which he believes to have been used or to be intended for use as F17 [ aforesaid. ]

(3) The Police (Property) Act, 1897, shall apply to property which has come into the possession of the Garda Síochána under this section as it applies to property which has come into the possession of the Garda Síochána in the circumstances mentioned in that Act.

(4) A person who—

( a) obstructs or impedes a member of the Garda Síochána acting under the authority of a search warrant issued under this section, or

( b) is found on or at the premises specified in the warrant by a member of the Garda Síochána acting as aforesaid and who fails or refuses to give the member his name and address when required by the member to do so or gives him a name or address that is false or misleading,

shall be guilty of an offence and shall be liable on summary conviction—

(i) in the case of an offence under paragraph (a), to a fine not exceeding £1,000 or imprisonment not exceeding 12 months or both, and

(ii) in the case of an offence under paragraph (b), to a fine not exceeding £500.

F18 [ (5) (a) Notwithstanding the commencement of section 13 of the Criminal Justice (Offences Relating to Information Systems) Act 2017, a search warrant may, on and after that commencement, be issued under this section, as this section was in force immediately before that commencement, in respect of an information on oath referred to in subsection (1) that relates to matters arising or occurring before that commencement.

(b) For the purposes of the issue and execution of a search warrant under this section where paragraph (a) applies, the other provisions of this Act shall apply for those purposes as those provisions were in force immediately before the commencement referred to in that paragraph. ]

Annotations:

Amendments:

F16

Deleted (12.06.2017) by Criminal Justice (Offences Relating to Information Systems) Act 2017 (11/2017), s. 13(e)(i), S.I. No. 249 of 2017.

F17

Substituted (12.06.2017) by Criminal Justice (Offences Relating to Information Systems) Act 2017 (11/2017), s. 13(e)(ii), S.I. No. 249 of 2017.

F18

Inserted (12.06.2017) by Criminal Justice (Offences Relating to Information Systems) Act 2017 (11/2017), s. 13(e)(iii), S.I. No. 249 of 2017.