Aviation (Preclearance) Act 2009

6.

Functions of Irish law enforcement officers.

6.— (1) An Irish law enforcement officer who reasonably suspects that, in the preclearance area—

( a) a traveller has failed to comply with section 3(1)(b) , or

( b) any person (whether or not a traveller) is in possession of any goods (including a weapon) the possession of, or the export of which, is controlled or prohibited in the State, or otherwise poses a threat to the safety of officers or other persons in the preclearance area,

may, without warrant—

(i) search the person and, if he or she considers it necessary for that purpose, detain the person for such time as is reasonably necessary for carrying out the search, provided that—

(I) except where the threat posed is immediate—

(A) the officer conducting a search of a person being detained shall ensure, so far as practicable, that the person understands the reason for the search and that it is conducted with due respect for the person being searched,

(B) a person being detained shall not be searched by an officer or person of the opposite sex, and

(II) where a search of a person being detained involves removal of clothing, other than headgear or a coat, jacket, glove or similar article of clothing, no officer or person of the opposite sex shall be present, unless either that person is a medical practitioner designated by the officer conducting the search, or the officer considers that the presence of that person is necessary for the protection of the person carrying out the search, or is otherwise expedient in the interests of the person being searched, and

(ii) examine (by opening or otherwise), seize and detain anything found in the course of a search under this section that appears to him or her to be something that might be required as evidence in proceedings for an offence.

(2) Where an Irish law enforcement officer decides to search a person under this section, he or she may require the person to accompany him or her to such other place at the airport as may be specified by the officer for the purpose of being so searched at that other place.

(3) Where there is a failure to comply with a requirement under subsection (2) , the Irish law enforcement officer concerned may arrest without warrant the person of whom the requirement was made.

(4) Where a person fails to comply with a requirement under this section, he or she shall be guilty of an offence.

(5) A requirement mentioned in subsection (2) shall remain in force until the search in relation to which it is made is completed, but such search shall be carried out as soon as is practicable.

(6) Nothing in this section shall operate to prejudice any power to search, or to seize or detain any goods, which may be exercised by an Irish law enforcement officer apart from this section.

(7) An Irish law enforcement officer shall, where requested under section 5(1)(k) , assist a preclearance officer.