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Criminal Law Act 1976
Power to retain articles seized.
9.—(1) Where in the course of exercising any powers under this Act or in the course of a search carried out under any other power, a member of the Garda Síochána, a prison officer or a member of the Defence Forces finds or comes into possession of anything which he believes to be evidence of any offence or suspected offence, it may be seized and retained for use as evidence in any criminal proceedings, or in any proceedings in relation to a breach of prison discipline, 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, and thereafter the Police (Property) Act, 1897, shall apply to the thing so seized in the same manner as that Act applies to property which has come into the possession of the Garda Síochána in the circumstances mentioned in that Act.
(2) If it is represented or appears to a person proposing to seize or retain a document under this section that the document was, or may have been, made for the purpose of obtaining, giving or communicating legal advice from or by a barrister or solicitor, that person shall not seize or retain the document unless he suspects with reasonable cause that the document was not made, or is not intended, solely for any of the purposes aforesaid.
Annotations
Modifications (not altering text):
C4
Application of section extended by Communications Regulation Act 2002 (20/2002), s. 39(16), as inserted (27.09.2023) Competition (Amendment) Act 2022 (12/2022), s. 37(e), S.I. No. 448 of 2023.
Authorised officers.
39.— ...
(16) Section 9 of the Criminal Law Act 1976 shall apply in relation to a search carried out by an authorised officer pursuant to a warrant issued under subsection (3) or (3A) as it applies to a search carried out by a member of the Garda Síochána in the course of exercising his or her powers under that Act.
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C5
Application of section extended (31.12.2021) by Criminal Justice (Smuggling of Persons) Act 2021 (42/2021), s. 14(2)(b), S.I. No. 772 of 2021.
Enforcement powers in respect of ships
14. ...
(2) If an enforcement officer has reasonable grounds to suspect that an offence under section 6 or 7 has been committed on the ship concerned, he or she may—
(a) arrest without warrant any person whom he or she has reasonable grounds for suspecting to be guilty of the offence, and
(b) seize and retain anything found on the ship which appears to him or her to be evidence of the offence, and section 9 of the Criminal Law Act 1976 shall apply in relation to anything seized and retained under this paragraph.
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C6
Application of section extended (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 37(13), S.I. No. 366 of 2014, art. 3.
Powers of authorised officers in relation to investigations under Act of 2002
37.— ...
(13) Section 9 of the Criminal Law Act 1976 shall apply in relation to a search carried out by an authorised officer pursuant to a warrant issued under subsection (3) as it applies to a search carried out by a member of An Garda Síochána in the course of exercising his or her powers under that Act.
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C7
Application of subs. (2) extended (10.11.1998) by International War Crimes Tribunals Act 1998 (40/1998), s. 30(3), commenced on enactment.
Search warrants.
30. ...
(3) The restriction in section 9(2) of the Criminal Law Act 1976, on the seizure or retention of any document that was, or may have been, made for the purposes of obtaining, giving, or communicating legal advice shall apply to a member of the Garda Síochána who conducts a search under this section.
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C8
Application of subs. (1) extended (15.11.1996) by Criminal Justice Act 1994 (15/1994), ss. 35, 55(7) and sch. 1 para. 4, S.I. No. 333 of 1996.
Enforcement powers in respect of ships.
35.—(1) The powers conferred on an enforcement officer by the First Schedule to this Act shall be exercisable in relation to any ship to which section 33 or 34 of this Act applies for the purpose of detecting and the taking of appropriate action in respect of the offences mentioned in those sections.
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Search, etc. for material relevant to investigation outside State.
55. ...
(7) Section 9 of the Criminal Law Act 1976, (including, in particular, the restriction in subsection (2) of that section relating to the seizure or retention of any document that was or may have been made for the purpose of legal advice) shall apply in relation to a search carried out under this section as it applies to a search such as is mentioned in that section save that for the reference in subsection (1) of the said section 9 to the retention of a thing for use as evidence in any criminal proceedings there shall be substituted a reference to its retention for transmission in accordance with this section.
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First Schedule
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Powers in respect of suspected offence
4. If an enforcement officer has reasonable grounds to suspect that an offence mentioned in section 33 or 34 of this Act has been committed on a ship to which that section applies he may—
(a) arrest without warrant anyone whom he has reasonable grounds for suspecting to be guilty of the offence, and
(b) seize and detain anything found on the ship which appears to him to be evidence of the offence,
and section 9 (1) of the Criminal Law Act 1976, shall apply in relation to anything seized under this paragraph.
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