Criminal Justice (Joint Investigation Teams) Act 2004

Use of information.

11

11.—(1) Any information lawfully obtained by a member or seconded member of a joint investigation team or a part of such a team while operating in the State in his or her capacity as such a member or seconded member that is not otherwise available to the competent authorities of the Member States (including the State) that established the team may be used for but only for—

( a) the purposes for which the joint investigation team was established,

( b) subject to subsection (2), the detection, investigation and prosecution of criminal offences other than those in respect of which the team was established if the prior consent of the Member State where such information became available has been obtained,

( c) the prevention of an immediate and serious threat to public security in one of the Member States concerned and only if the Member State where such information became available has been informed of such use and, without prejudice to paragraph (b), a criminal investigation is conducted subsequently into any matter arising from such a threat, and

( d) such other purposes within the scope of this Act as are agreed by the Competent Authority and the competent authority or authorities concerned.

(2) The consent of the State under subsection (1)(b) may be withheld only in cases in which—

( a) the use of the information concerned would prejudice criminal investigations that are being conducted in the State, or

( b) the State may refuse assistance or co-operation under Part VII of the Act of 1994 in respect of the information concerned.

Annotations:

Modifications (not altering text):

C4

Application of section extended (1.09.2008) by Criminal Justice (Mutual Assistance) Act 2008 (7/2008), s. 92, S.I. No. 338 of 2008.

Application of Criminal Justice (Joint Investigation Teams) Act 2004 in relation to controlled deliveries.

92.—Sections 11 (use of information), 12 (criminal liability) and 13 (civil liability) of the Criminal Justice (Joint Investigation Teams) Act 2004 apply, with the necessary modifications, in relation to a person participating in operations connected with a controlled delivery as they apply in relation to a member or seconded member of a joint investigation team within the meaning of that Act.