Criminal Justice (Surveillance) Act 2009

15.

Disclosure of information.

15.— (1) Unless authorised by the court, the existence or non-existence of the following shall not be disclosed by way of discovery or otherwise in the course of any proceedings:

( a) an application under section 4 or 6 ;

( b) an authorisation;

( c) an approval granted under section 7 or 8 ;

( d) surveillance carried out under an authorisation or under an approval granted under section 7 ;

( e) the use of a tracking device under section 8 ; and

( f) documentary or other information or evidence in relation to—

(i) the decision to apply for an authorisation or an approval under section 7 or 8 , or

(ii) anything referred to in paragraphs (a) to (e) .

(2) The court shall not authorise the disclosure if it is satisfied that to do so is likely to create a material risk to—

( a) the security of the State,

( b) the ability of the State to protect persons from terrorist activity, terrorist-linked activity, organised crime and other serious crime,

( c) the maintenance of the integrity, effectiveness and security of the operations of the Garda Síochána, F19 [ the Ombudsman Commission, ] the Defence Forces or the Revenue Commissioners, or

( d) the ability of the State to protect witnesses, including their identities.

(3) Notwithstanding subsection (2) , the court may authorise the disclosure, subject to such conditions as it considers justified, if in all of the circumstances it is in the interests of justice to do so.

(4) In this section—

“organised crime” has the meaning it has in Part 7 of the Criminal Justice Act 2006;

“terrorist activity” and “terrorist-linked activity” have the meanings they have in section 4 of, and Schedule 2 to, the Criminal Justice (Terrorist Offences) Act 2005.

Annotations:

Amendments:

F19

Inserted (27.04.2015) by Garda Síochána (Amendment) Act 2015 (3/2015), s. 13(l), S.I. No. 150 of 2015.