Criminal Justice (Surveillance) Act 2009
Application of Act.
2.— (1) This Act applies to surveillance carried out by members of the Garda Síochána, F11[designated officers of the Ombudsman Commission,] F12[members of the Defence Forces, officers of the Revenue Commissioners and authorised officers of the Competition and Consumer Protection Commission].
(2) Nothing in this Act shall render unlawful any activity that would otherwise be lawful.
(3) An authorisation or approval under this Act may not be issued or granted in respect of an activity that would constitute an interception within the meaning of the Act of 1993.
(4) For the avoidance of doubt, it is hereby declared that this Act does not apply to the following:
(a) the use of a closed circuit television system in a Garda Síochána station;
(b) the recording by electronic or other similar means under section 27 of the Criminal Justice Act 1984 of the questioning of a person by members of the Garda Síochána F11[or designated officers of the Ombudsman Commission] at Garda Síochána stations or elsewhere in connection with the investigation of offences;
(c) the recording by electronic or other similar means of any evidence given, or statement made, by a person for the purposes of any court proceedings.
F13[(5) This Act shall not apply to processing (including recording) to which the Garda Síochána (Recording Devices) Act 2023 applies.]
Annotations
Amendments:
F11
Inserted (27.04.2015) by Garda Síochána (Amendment) Act 2015 (3/2015), s. 13(b), S.I. No. 150 of 2015.
F12
Substituted (27.09.2024) by Competition (Amendment) Act 2022 (12/2022), s. 35(b), S.I. No. 448 of 2023.
F13
Inserted (15.05.2024) by Garda Síochána (Recording Devices) Act 2023(32/2023), s. 50(b), S.I. No. 215 of 2024.
F14
Substituted by Policing, Security and Community Safety Act 2024 (1/2024), s. 281(1)(b), not commenced as of date of revision.
Modifications (not altering text):
C4
Prospective affecting provision: subss. (1), (4)(b) amended by Policing, Security and Community Safety Act 2024 (1/2024), s. 281(1)(b), not commenced as of date of revision.
2.— (1) This Act applies to surveillance carried out by members of the Garda Síochána, F11[designated officers of the F14[Police Ombudsman],] F12[members of the Defence Forces, officers of the Revenue Commissioners and authorised officers of the Competition and Consumer Protection Commission].
...
(b) the recording by electronic or other similar means under section 27 of the Criminal Justice Act 1984 of the questioning of a person by members of the Garda Síochána F11[or designated officers of the F14[Police Ombudsman] ] at Garda Síochána stations or elsewhere in connection with the investigation of offences;