Criminal Justice (Mutual Assistance) Act 2008

94C

F108[Request to member state for assistance of special intervention unit in dealing with crisis situation

94C. (1) Where the competent authority is satisfied that

(a) as a result of the commission of a criminal offence, a crisis situation exists in the State, and

(b) there are reasonable grounds for believing that it is in the public interest to seek the assistance of a special intervention unit from a member state, and

(c) the Government has agreed to the request for the assistance of a special intervention unit,

the competent authority may request the competent authority of that member state to provide the assistance of a special intervention unit in accordance with the 2008 Council Decision (special intervention units).

(2) A request under subsection (1) shall specify the following:

(a) the competent authority making the request;

(b) the nature of the crisis situation;

(c) the criminal offence giving rise to the crisis situation;

(d) the nature and form of the assistance requested;

(e) the operational necessity for the assistance requested; and

(f) the expected period for which the assistance is required.

(3) The competent authority shall furnish to the other competent authority such other information (if any) as would reasonably be required by that authority to decide whether or not to agree to provide the assistance sought.

(4) Where the requested competent authority accedes to the request, the competent authority may, subject to this Chapter, agree with that authority the form of assistance required including

(a) the provision of equipment,

(b) the provision of expertise,

(c) the assistance in the State of a special intervention unit of the member state concerned.]

Annotations

Amendments:

F108

Inserted (1.02.2016) by Criminal Justice (Mutual Assistance) (Amendment) Act 2015 (40/2016), s. 31, S.I. No. 11 of 2016.