Criminal Justice (Surveillance) Act 2009

4.

Application for authorisation.

4.— (1) A superior officer of the Garda Síochána may apply to a judge for an authorisation where he or she has reasonable grounds for believing that—

( a) as part of an operation or investigation being conducted by the Garda Síochána concerning an arrestable offence, the surveillance being sought to be authorised is necessary for the purposes of obtaining information as to whether the offence has been committed or as to the circumstances relating to the commission of the offence, or obtaining evidence for the purposes of proceedings in relation to the offence,

( b) the surveillance being sought to be authorised is necessary for the purpose of preventing the commission of arrestable offences, or

( c) the surveillance being sought to be authorised is necessary for the purpose of maintaining the security of the State.

F5 [ (1A) A superior officer of the Ombudsman Commission may apply to a judge for an authorisation where he or she has reasonable grounds for believing that as part of an investigation being conducted by the Ombudsman Commission concerning an arrestable offence, the surveillance being sought to be authorised is necessary for the purposes of obtaining information as to whether the offence has been committed or as to the circumstances relating to the commission of the offence, or obtaining evidence for the purposes of proceedings in relation to the offence. ]

(2) A superior officer of the Defence Forces may apply to a judge for an authorisation where he or she has reasonable grounds for believing that the surveillance being sought to be authorised is necessary for the purpose of maintaining the security of the State.

(3) A superior officer of the Revenue Commissioners may apply to a judge for an authorisation where he or she has reasonable grounds for believing that—

( a) as part of an operation or investigation being conducted by the Revenue Commissioners concerning a revenue offence, the surveillance being sought to be authorised is necessary for the purpose of obtaining information as to whether the offence has been committed or as to the circumstances relating to the commission of the offence, or obtaining evidence for the purpose of proceedings in relation to the offence, or

( b) the surveillance being sought to be authorised is necessary for the purpose of preventing the commission of revenue offences.

(4) In a case in which surveillance carried out under section 7 is sought under subsection (10) of that section to be continued by application under this section, the information on oath supporting the application shall include a copy of the written record of approval concerned, a summary of the results of the surveillance carried out and the reasons why continued surveillance is required.

(5) A superior officer who makes an application under F6 [ subsection (1) , (1A) , (2) , (3) or (4) ] shall also have reasonable grounds for believing that the surveillance being sought to be authorised is—

( a) the least intrusive means available, having regard to its objectives and other relevant considerations,

( b) proportionate to its objectives, having regard to all the circumstances including its likely impact on the rights of any person, and

( c) of a duration that is reasonably required to achieve its objectives.