Criminal Justice (Surveillance) Act 2009
Disclosure of information.
15.— (1) Unless authorised by the court, the existence or non-existence of the following shall not be disclosed by way of discovery or otherwise in the course of any proceedings:
(a) an application under section 4 or 6;
(b) an authorisation;
(c) an approval granted under section 7 or 8;
(d) surveillance carried out under an authorisation or under an approval granted under section 7;
(e) the use of a tracking device under section 8; and
(f) documentary or other information or evidence in relation to—
(i) the decision to apply for an authorisation or an approval under section 7or 8 , or
(ii) anything referred to in paragraphs (a) to (e).
(2) The court shall not authorise the disclosure if it is satisfied that to do so is likely to create a material risk to—
(a) the security of the State,
(b) the ability of the State to protect persons from terrorist activity, terrorist-linked activity, organised crime and other serious crime,
(c) the maintenance of the integrity, effectiveness and security of the operations of the Garda Síochána, F53[the Ombudsman Commission,] F54[Defence Forces, the Revenue Commissioners or the Competition and Consumer Protection Commission], or
(d) the ability of the State to protect witnesses, including their identities.
(3) Notwithstanding subsection (2), the court may authorise the disclosure, subject to such conditions as it considers justified, if in all of the circumstances it is in the interests of justice to do so.
(4) In this section—
“organised crime” has the meaning it has in Part 7 of the Criminal Justice Act 2006;
“terrorist activity” and “terrorist-linked activity” have the meanings they have in section 4 of, and Schedule 2 to, the Criminal Justice (Terrorist Offences) Act 2005.
Annotations
Amendments:
F53
Inserted (27.04.2015) by Garda Síochána (Amendment) Act 2015 (3/2015), s. 13(l), S.I. No. 150 of 2015.
F54
Substituted (27.09.2023) by Competition (Amendment) Act 2022 (12/2022), s. 35(l), S.I. No. 448 of 2023.
F55
Substituted by Policing, Security and Community Safety Act 2024 (1/2024), s. 281(1)(l), not commenced as of date of revision.
Modifications (not altering text):
C14
Prospective affecting provision: subs. (2)(c) amended by Policing, Security and Community Safety Act 2024 (1/2024), s. 281(1)(l), not commenced as of date of revision.
(c) the maintenance of the integrity, effectiveness and security of the operations of the Garda Síochána, F53[the F55[Police Ombudsman],] F54[Defence Forces, the Revenue Commissioners or the Competition and Consumer Protection Commission], or