Criminal Justice (Surveillance) Act 2009

14.

Admissibility of evidence.

14.— (1) Evidence obtained as a result of surveillance carried out under an authorisation or under an approval granted in accordance with section 7 or 8 may be admitted as evidence in criminal proceedings.

(2) Nothing in this Act is to be construed as prejudicing the admissibility of information or material obtained otherwise than as a result of surveillance carried out under an authorisation or under an approval granted in accordance with section 7 or 8 .

(3) ( a) Information or documents obtained as a result of surveillance carried out under an authorisation or under an approval granted in accordance with section 7 or 8 may be admitted as evidence in criminal proceedings notwithstanding any error or omission on the face of the authorisation or written record of approval concerned, if the court, having regard in particular to the matters specified in paragraph (b) , decides that—

(i) the error or omission concerned was inadvertent, and

(ii) the information or document ought to be admitted in the interests of justice.

( b) The matters referred to in paragraph (a) are the following:

(i) whether the error or omission concerned was serious or merely technical in nature;

(ii) the nature of any right infringed by the obtaining of the information or document concerned;

(iii) whether there were circumstances of urgency;

(iv) the possible prejudicial effect of the information or document concerned;

(v) the probative value of the information or document concerned.

(4) ( a) Information or documents obtained as a result of surveillance carried out under an authorisation or under an approval granted in accordance with section 7 or 8 may be admitted as evidence in criminal proceedings notwithstanding any failure by any member of the Garda Síochána, F18 [ designated officer of the Ombudsman Commission, ] member of the Defence Forces or officer of the Revenue Commissioners concerned to comply with a requirement of the authorisation or approval concerned, if the court, having regard in particular to the matters specified in paragraph (b) , decides that—

(i) the member or officer concerned acted in good faith and that the failure was inadvertent, and

(ii) the information or document ought to be admitted in the interests of justice.

( b) The matters referred to in paragraph (a) are the following:

(i) whether the failure concerned was serious or merely technical in nature;

(ii) the nature of any right infringed by the obtaining of the information or document concerned;

(iii) whether there were circumstances of urgency;

(iv) the possible prejudicial effect of the information or document concerned;

(v) the probative value of the information or document concerned.

(5) It shall be presumed, until the contrary is shown, that a surveillance device or tracking device used by a member of the Garda Síochána, F18 [ a designated officer of the Ombudsman Commission, ] a member of the Defence Forces or an officer of the Revenue Commissioners for the purposes referred to in this Act is a device capable of producing accurate information or material without the necessity of proving that the surveillance device or tracking device was in good working order.