Criminal Justice (Surveillance) Act 2009

2.

Application of Act.

2.— (1) This Act applies to surveillance carried out by members of the Garda Síochána, F3 [ designated officers of the Ombudsman Commission, ] members of the Defence Forces and officers of the Revenue Commissioners.

(2) Nothing in this Act shall render unlawful any activity that would otherwise be lawful.

(3) An authorisation or approval under this Act may not be issued or granted in respect of an activity that would constitute an interception within the meaning of the Act of 1993.

(4) For the avoidance of doubt, it is hereby declared that this Act does not apply to the following:

( a) the use of a closed circuit television system in a Garda Síochána station;

( b) the recording by electronic or other similar means under section 27 of the Criminal Justice Act 1984 of the questioning of a person by members of the Garda Síochána F3 [ or designated officers of the Ombudsman Commission ] at Garda Síochána stations or elsewhere in connection with the investigation of offences;

( c) the recording by electronic or other similar means of any evidence given, or statement made, by a person for the purposes of any court proceedings.

Annotations:

Amendments:

F3

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