Garda Síochána Act 2005

99

Search of Garda Síochána station.

99.— (1) Subject to this section, a designated officer directed by the Ombudsman Commission to investigate a complaint under section 98 may carry out a search of a Garda Síochána station in accordance with an authorisation issued F133 [ ] by the Commission.

(2) Subject to subsection (3), the Ombudsman Commission may issue to a designated officer an authorisation to search a Garda Síochána station, if the Commission is satisfied that the officer—

( a) with reasonable cause, suspects the member under investigation to be guilty of an offence, and

( b) has reasonable grounds for suspecting that evidence of, or relating to, the commission of the offence is to be found in the station or in the possession of any person to be found there.

(3) Before issuing an authorisation to search a Garda Síochána station designated by regulation under section 126 as one that, for reasons relating to the security of the State, may not be searched except to the extent specified in a direction of the Minister, the Ombudsman Commission shall notify the Garda Commissioner and the Minister of its intention to issue the authorisation.

(4) If, on being informed of the intention to issue the authorisation, the Garda Commissioner informs the Ombudsman Commission that he or she objects to the search of the designated Garda Síochána station on grounds relating to the security of the State, the Garda Commissioner shall immediately request the Minister to consider the objection.

(5) If satisfied, after considering the objection and any submission made by the Ombudsman Commission concerning the objection, that the search of a document storage facility in the designated Garda Síochána station or of a part of that station would not be prejudicial to the security of the State or that such search is necessary for the proper investigation of a matter concerning the death of, or serious harm to, a person as a result of Garda operations or while in the care or custody of the Garda Síochána, the Minister shall issue directions specifying the part of the document storage facility or the part of the station that may be searched.

(6) A direction under subsection (5) may contain any conditions or restrictions relating to the search that the Minister considers necessary in the interests of the security of the State.

(7) Subject to any directions under subsection (5), an authorisation issued under this section permits a designated officer, accompanied by any other designated officer, to—

( a) enter, within one week after the date specified on the authorisation, the Garda Síochána station specified on the authorisation,

( b) search that station and any persons found there, and

( c) seize anything found in that station, or found in the possession of a person present in the station at the time of the search, that the designated officer reasonably believes to be evidence of, or relating to, the commission of the offence in question.

(8) A designated officer acting under an authorisation issued under this section may—

( a) require any person present at the Garda Síochána station where the search is carried out to give to the officer his or her name and address, and

( b) arrest without warrant any person who—

(i) obstructs or attempts to obstruct the officer, or any other designated officer accompanying the officer, in carrying out his or her duties,

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

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

(9) A person who—

( a) obstructs or attempts to obstruct a designated officer acting under an authorisation issued under this section,

( b) fails to comply with a requirement under subsection (8)(a), or

( c) gives a false name or address to that officer,

is guilty of an offence and is liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a period not exceeding 6 months or both.

(10) In this section—

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

“document storage facility” means any place or thing or part of a place in which documents are held or stored manually, mechanically or electronically;

“Garda Síochána station” means any premises where a member of the Garda Síochána is stationed.

Annotations:

Amendments:

F133

Deleted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 43(k), S.I. No. 236 of 2007.