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 S í och á na 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 S í och á na 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 S í och á na Act 2005 ; ]

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

F1 [ Ombudsman Commission means the Garda S í och á na 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 S í och á na, 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 S ochána (Amendment) Act 2015 (3/2015), s. 13(a)(ii), (iii), S.I. No. 150 of 2015.

F2

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