Wireless Telegraphy Act 1926

F23[Issue of search warrants.

8

8.— (1) A judge of the District Court may, upon the information on oath of an officer of the appropriate authority or of a member of the Garda Síochána that there is reasonable ground for believing that apparatus for wireless telegraphy is being kept or is being worked or used at any specified place, specified vehicle or in any specified ship or other vessel in contravention of the Wireless Telegraphy Acts 1926 to 2009 or any regulation made or condition imposed under those Acts or the Broadcasting (Offences) Acts 1968 to 2009, issue to such officer or (with the consent of the appropriate authority) to such member of the Garda Síochána (as the case may be) a search warrant which shall be expressed and shall operate to authorise the officer of that authority or member of the Garda Síochána to whom the same is granted—

(a) to enter, within one month from the date of issue of the warrant, on production of the warrant, if so requested, and if need be by force, the place, vehicle, ship or other vessel named in the information,

(b) there to search for apparatus for wireless telegraphy and to examine all such apparatus or any such vehicle found there, and

(c) to seize and take away all or any part of such apparatus which appears to such officer or member to be kept, worked or used in contravention of the Wireless Telegraphy Acts 1926 to 2009 or any regulation made or condition imposed under those Acts or the Broadcasting (Offences) Acts 1968 to 2009.

(2) A search warrant granted under this section shall operate to authorise any one or more of the following, namely, any member of the Garda Síochána or officer of the appropriate authority or other person authorised by the person to whom the warrant is granted to accompany and assist him or her in the exercise of the powers conferred on him or her by the warrant.

(3) An officer of the appropriate authority may retain anything seized under this section which he or she believes to be evidence of any offence or suspected offence under the Wireless Telegraphy Acts 1926 to 2009 or the Broadcasting (Offences) Acts 1968 to 2009, for use as evidence in proceedings in relation to any such offence, for such period from the date of seizure as is reasonable, or, if proceedings are commenced in which the thing so seized is required for use in evidence, until the conclusion of the proceedings.

(4) The appropriate authority shall, as soon as may be after the conclusion of any proceedings, deliver any thing seized and retained under this section to the person who in its opinion is the owner of it, unless—

(a) the appropriate authority decides it is unable to ascertain who owns the thing, in which case the Police (Property) Act 1897 applies to the thing so seized and retained, or

(b) such delivery would result in a contravention of the Wireless Telegraphy Acts 1926 to 2009 or the Broadcasting (Offences) Acts 1968 to 2009, in which case the Police (Property) Act 1897 applies to the thing so seized and retained as though the appropriate authority could not ascertain the owner of the thing.

(5) (a) A person who by act or omission impedes or obstructs an officer of the appropriate authority or a member of the Garda Síochána or any other person in the exercise of a power conferred by a search warrant issued under this section commits an offence.

(b) A person who with intent to impede or obstruct an officer of the appropriate authority or a member of the Garda Síochána or any other person in the exercise of a power conferred by a search warrant issued under this section places, erects, installs, keeps or maintains any thing commits an offence.

(c) A person guilty of an offence under this subsection is liable on summary conviction to a fine not exceeding €2,000.]

Annotations

Amendments:

F23

Substituted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 182 and sch. 2, commenced on enactment. A fine of €2,000 translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.

Modifications (not altering text):

C15

Application of section extended and references to "apparatus for wireless telegraphy" construed (21.12.1976) by Broadcasting Authority (Amendment) Act 1976 (37/1976), s. 20(2), commenced on enactment.

Application of sections 7, 8, 10 and 12 of Act of 1926 in relation to certain apparatus.

20.

...

(2) (a) The powers conferred by section 8 of the Act of 1926 on a Justice of the District Court to grant a search warrant shall also be exercisable in accordance with that section by such Justice in relation to regulated apparatus and, accordingly, the first reference in subsection (1) of the said section 8 to apparatus for wireless telegraphy shall be construed as including a reference to regulated apparatus.

(b) Any search warrant granted in relation to regulated apparatus under the said section 8, as applied by paragraph (a) of this subsection, shall, in relation to such apparatus, be expressed and operate in the manner specified in subsection (1) of that section with and subject to the modification that, for the purposes of this paragraph, the second reference in that subsection to apparatus for wireless telegraphy shall be construed as a reference to regulated apparatus.

...

Editorial Notes:

E207

Previous affecting provision: subss. (1), (2), (3)(a), (b) amended (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 1 item 7(a)-(f), S.I. No. 224 of 2007, subject to transitional provisions in s. 4(4) and sch. 3; substituted (12.07.2009) as per F-note above.

E208

Previous affecting provision: references to officer of the Minister construed as references to officer of the Commission (27.04.2002) by Communications Regulation Act 2002 (20/2002), s. 9(3)(a), commenced on enactment; section substituted (12.07.2009) as per F-note above.

E209

Previous affecting provision: subs. (1) amended, subs. (2) substituted and subss. (3) and (4) inserted (31.12.1988) by Broadcasting and Wireless Telegraphy Act 1988 (19/1988), s. 17(2), (3), in effect as per s. 21(2); section substituted (12.07.2009) as per F-note above.