Criminal Justice (Terrorist Offences) Act 2005

Amendment of section 64 of Act of 1994.

40

40.—Section 64 of the Act of 1994 is amended as follows:

( a) by substituting the following for subsection (1):

“(1) A member of the Garda Síochána may apply to a judge of the District Court for a warrant under this section in relation to specified premises for the purposes of an investigation into any of the following matters:

( a) drug trafficking;

( b) the commission of an offence of financing terrorism;

( c) the commission of an offence under section 31 of this Act;

( d) whether a person has benefited from drug trafficking;

( e) whether a person holds funds subject to confiscation;

( f) whether a person has benefited from an offence in respect of which a confiscation order might be made under section 9 of this Act.”;

( b) in subsection (3) by substituting the following for paragraph ( a):

“( a) that there are reasonable grounds for suspecting that a specified person—

(i) has carried on drug trafficking,

(ii) has committed an offence of financing terrorism,

(iii) has committed an offence under section 31 of this Act,

(iv) has benefited from drug trafficking,

(v) holds funds subject to confiscation, or

(vi) has benefited from an offence in respect of which a confiscation order might be made under section 9 of this Act, and”;

( c) in subsection (4) by substituting the following for paragraphs ( a) and ( b):

“( a) that there are reasonable grounds for suspecting that a specified person—

(i) has carried on drug trafficking,

(ii) has committed an offence of financing terrorism,

(iii) has committed an offence under section 31 of this Act,

(iv) has benefited from drug trafficking,

(v) holds funds subject to confiscation, or

(vi) has benefited from an offence in respect of which a confiscation order might be made under section 9 of this Act, and

( b) that there are reasonable grounds for suspecting that there is on the premises material that—

(i) relates to the specified person or to—

(I) drug trafficking,

(II) an offence of financing terrorism,

(III) an offence under section 31 of this Act, or

(IV) an offence in respect of which a confiscation order might be made under section 9 of this Act,

and

(ii) is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made, and

(iii) cannot be particularised at the time of the application, and”.