Prevention of Corruption (Amendment) Act 2001

Search Warrant.

5

5.F4 [ (1) If a judge of the District Court is satisfied by information on oath of a member of the Garda S í och á na, or if a member of the Garda S í och á na 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 or suspected offence under the Prevention of Corruption Acts 1889 to 2001 punishable by imprisonment for a term of 5 years or by a more severe penalty ( an offence ) is to be found in any place, he or she may issue a warrant for the search of that place and any persons found at that place. ]

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

( a) that the search warrant is necessary for the proper investigation of an offence, and

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

(3) A warrant under this section shall be expressed, and shall operate, to authorise a named member of the Garda Síochána, accompanied by such other members or persons as the member thinks necessary, to enter, within one month of the date of issue of the warrant, if necessary by the use of reasonable force, the place named in the warrant, to search it and any persons found at that place and to seize and to retain 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 the commission of an offence or suspected offence.

(4) A search warrant issued by a member of the Garda Síochána under this section shall cease to have effect after a period of 24 hours has elapsed from the time of the issue of the warrant.

(5) A member of the Garda Síochána acting under the authority of a warrant under this section may—

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

( b) arrest without warrant any person who—

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

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

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

(6) 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 (5), 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 £2,362.69 or to imprisonment for a period not exceeding 12 months or to both.

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

Annotations:

Amendments:

F4

Substituted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 191(1), S.I. No. 390 of 2006, subject to transitional provisions in subs. (2).

Editorial Notes:

E1

The Euro equivalent of fine in subs. (6) is €3,000. Note application of Fines Act 2010 (8/2010), s. 5 which converts it to a Class B fine of between €4,000 and €2,500.