Criminal Justice (Surveillance) Act 2009

1.

Interpretation.

1.— In this Act—

“Act of 1993” means the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993;

“arrestable offence” 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;

“authorisation” means an authorisation for the carrying out of surveillance issued under section 5 or varied or renewed under section 6;

F1[chairperson, in relation to the Ombudsman Commission, means the member of the Ombudsman Commission who is appointed or acting as its chairperson under section 65 of the Garda Síochána Act 2005;

designated officer of the Ombudsman Commission means

(a) an officer of the Ombudsman Commission, or

(b) a person engaged by the Ombudsman Commission under section 74 of the Garda Síochána Act 2005,

who is designated by the Ombudsman Commission under section 73 of that Act for the purpose of performing functions under any provisions of Part 4 of that Act;]

“document” includes—

(a) any book, record or other written or printed material in any form, and

(b) any recording, including any data or information stored, maintained or preserved electronically or otherwise than in legible form;

“judge” means a judge of the District Court;

“member of the Defence Forces” means a member of the Defence Forces within the meaning of section 1 of the Defence (Amendment) Act 1990, other than a member of the Reserve Defence Force within the meaning of the Defence Act 1954;

“member of the Garda Síochána” means a member of the Garda Síochána within the meaning of section 3 of the Garda Síochána Act 2005, other than a person referred to in paragraph (b) of that definition;

F1[member of the Ombudsman Commission means a member of the Ombudsman Commission appointed under section 65 of the Garda Síochána Act 2005;]

“Minister” means the Minister for Justice, Equality and Law Reform;

F1[Ombudsman Commission means the Garda Síochána Ombudsman Commission;]

“place” includes—

(a) a dwelling or other building,

(b) a vehicle, whether mechanically propelled or not,

(c) a vessel, whether sea-going or not,

(d) an aircraft, whether capable of operation or not, and

(e) a hovercraft;

“relevant Minister” means—

F2[(a) the Minister

(i) in relation to approvals granted by a superior officer of, and documents and information in the custody of, the Garda Síochána, and

(ii) in relation to approvals granted by a superior officer of, and documents and information in the custody of, the Ombudsman Commission,]

(b) the Minister for Defence, in relation to approvals granted by a superior officer of, and documents and information in the custody of, the Defence Forces, and

(c) the Minister for Finance, in relation to approvals granted by a superior officer of, and documents and information in the custody of, the Revenue Commissioners;

“revenue offence” means an offence under any of the following provisions that is an arrestable offence:

(a) section 186 of the Customs Consolidation Act 1876;

(b) section 1078 of the Taxes Consolidation Act 1997;

(c) section 102 of the Finance Act 1999;

(d) section 119 of the Finance Act 2001;

(e) section 79 (inserted by section 62 of the Finance Act 2005) of the Finance Act 2003;

(f) section 78 of the Finance Act 2005;

“superior officer” means—

(a) in the case of the Garda Síochána, a member of the Garda Síochána not below the rank of superintendent;

F1[(aa) in the case of the Ombudsman Commission, a member of the Ombudsman Commission other than its chairperson;]

(b) in the case of the Defence Forces, a member of the Defence Forces not below the rank of colonel; and

(c) in the case of the Revenue Commissioners, an officer of the Revenue Commissioners not below the rank of principal officer;

“surveillance” means—

(a) monitoring, observing, listening to or making a recording of a particular person or group of persons or their movements, activities and communications, or

(b) monitoring or making a recording of places or things,

by or with the assistance of surveillance devices;

“surveillance device” means an apparatus designed or adapted for use in surveillance, but does not include—

(a) an apparatus designed to enhance visual acuity or night vision, to the extent to which it is not used to make a recording of any person who, or any place or thing that, is being monitored or observed,

(b) a CCTV within the meaning of section 38 of the Garda Síochána Act 2005, or

(c) a camera, to the extent to which it is used to take photographs of any person who, or any thing that, is in a place to which the public have access;

“tracking device” means a surveillance device that is used only for the purpose of providing information regarding the location of a person, vehicle or thing;

“written record of approval” means a written record of approval prepared by a superior officer under section 7 (6) or 8 (6).

Annotations

Amendments:

F1

Inserted (27.04.2015) by Garda Sochána (Amendment) Act 2015 (3/2015), s. 13(a)(ii), (iii), S.I. No. 150 of 2015.

F2

Substituted (27.04.2015) by Garda Sochána (Amendment) Act 2015 (3/2015), s. 13(a)(i), S.I. No. 150 of 2015.