Criminal Justice (Joint Investigation Teams) Act 2004

Operation of joint investigation teams.

7

7.—(1) While a joint investigation team or a part of such a team is operating in the State—

( a) it or the part aforesaid shall perform its functions in accordance with the law of the State,

( b) it or the part aforesaid shall operate under the control and general superintendence of the Commissioner,

( c) the Commissioner shall make the necessary organisational arrangements for it or the part aforesaid to operate in the State, and

( d) the Commissioner shall designate a member of it or the part aforesaid to be the team leader.

(2) ( a) The team leader of a joint investigation team or a part of such a team operating in the State shall, subject to this Act and the agreement to establish the team, manage its operations or the operations of the part aforesaid, as the case may be.

( b) The members (other than the team leader), and seconded members, of a joint investigation team or a part of such a team operating in the State shall perform their functions as such members or seconded members, as the case may be, under the direction and control of the team leader.

(3) Subject to this Act, a seconded member of a joint investigation team or a part of such a team operating in the State shall while the team or the part aforesaid is so operating be subject to the law of the State in the same manner as if he or she were a member of the team appointed under section 6 (2)(b) .

(4) A member of a joint investigation team appointed under paragraph (b) or (c) of section 6 (2) , or a seconded member, of a joint investigation team or a part of such a team operating in the State may not take investigative measures.

(5) A member of a joint investigation team appointed under section 6 (2) , or a seconded member, of a joint investigation team or a part of such a team operating in the State may, if permitted by law, be present when investigative measures are being taken unless the team leader decides that the member or seconded member or either of them should not be so present for any reason including the following:

( a) for operational reasons, or

( b) by reason of the nature of the offence, it is not appropriate for the member or seconded member to be so present.

(6) Without prejudice to Part VII of the Act of 1994, evidence obtained during the course of criminal investigations conducted by a joint investigation team or a part of such a team operating in the State shall remain in the possession of the Garda Síochána or, if not already in their possession, be taken into their possession.

(7) Where a joint investigation team or a part of such a team operating in the State requires assistance in obtaining evidence in another Member State that established the team and a seconded member of the team or the part aforesaid appointed by the competent authority of that Member State makes a request to the relevant authority in that Member State for such assistance, any evidence received from that Member State pursuant to such a request shall be deemed to have been obtained by virtue of a letter of request issued under section 52 of the Act of 1994 and, for that purpose, the relevant authority in that Member State, other than a court or tribunal exercising jurisdiction in that Member State, shall be deemed to be an authority to which subsection (3)( b) of that section applies.

(8) The Minister may receive a request for assistance in obtaining evidence in the State under section 51 of the Act of 1994 from a member of a joint investigation team assigned under section 6 (1) , who is performing functions as a seconded member of the team or a part of it in another Member State in which the team or the part is operating and, for that purpose, the member of the team shall be deemed to be an authority to which subsection (1)( b) of the said section 51 applies.

(9) The Minister may receive a request for a search warrant authorising entry, search and seizure in relation to any place in the State under section 55(4) of the Act of 1994 from a member of a joint investigation team assigned under section 6 (1) , who is performing functions as a seconded member of the team or a part of it in another Member State in which the team or the part is operating and, for that purpose, the member of the team shall be deemed to be an authority to which paragraph ( b) of the said section 55(4) applies.

(10) While a joint investigation team or a part of such a team is operating in another Member State, the members of the team or the part aforesaid shall perform their functions as seconded members of the team or the part aforesaid in accordance with the agreement to establish the team.

(11) Where a joint investigation team or a part of such a team is operating in another Member State, a member of the team may, in accordance with the law of the State, furnish information that is available in the State to the team or the part aforesaid for the purposes of the criminal investigations being conducted by it.

(12) In this section “evidence” includes documents and other articles.

Annotations:

Modifications (not altering text):

C3

Application of section extended (1.09.2008) by Criminal Justice (Mutual Assistance) Act 2008 (7/2008), s. 94(4), S.I. No. 338 of 2008.

Application in State of Ireland - US Treaty.

94. ...

(4) Section 7 (operation of joint investigation teams) of the Criminal Justice (Joint Investigation Teams) Act 2004 applies in relation to a joint investigation team established under Article 16 ter and operating in the State as if it were a joint investigation team established under that Act.

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