Wildlife Act, 1976

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Search warrants.

73.—(1) If a Justice of the District Court or a Peace Commissioner is satisfied by information on oath of an authorised person or a member of the Garda Síochána that there are reasonable grounds for suspecting that a person is in possession on any premises or other land of—

(a) a protected wild bird,

(b) a protected wild animal,

(c) the eggs of a protected wild bird,

(d) the carcase or any other part of, or any product of a protected wild bird or protected wild animal, or

(e) any plant or part or product of a plant which is of a species to which an order under section 21 of this Act applies,

and that as regards the bird, animal, plant, part, product or other thing an offence under this Act has been or is being committed, such Justice or Commissioner may issue a search warrant under this section.

(2) Subject to subsection (3) of this section, a warrant issued under this section shall be expressed and shall operate to authorise—

(a) in case the relevant information is sworn by a member of the Garda Síochána, a member of the Garda Síochána named in the warrant, accompanied by such other members of the Garda Síochána or such authorised persons as may be reasonably necessary,

(b) in case the relevant information is sworn by an authorised person, an authorised person named in the warrant, accompanied by such other persons as may be reasonably necessary,

at any reasonable time or times within seven days of the issue of the warrant to—

(i) enter and search, if need be by force, the premises or other land named in the warrant,

(ii) require any person found on such premises or other land to furnish to him his name and address,

(iii) require a person who is in occupation or is in control or is concerned in the management of the premises or other land to furnish to him his name and address and to produce,

(A) any thing mentioned in subsection (1) of this section,

(B) any books, records or other documents which relate to any thing so mentioned and which are in any such person's possession or under his control,

and if known to such person, to furnish to him the name and address of the owner of any thing so produced,

(iv) inspect and, if he thinks fit, take copies of any entry in any book, record or other document produced in pursuance of a requirement made pursuant to the warrant,

and if the member or authorised person so named has reasonable grounds for suspecting that either,

(A) an offence has been or is being committed under this Act with or in relation to anything found in the course of the search, or

(B) a document so found is a record or other document which the member or authorised person has reason to believe may be required as evidence in proceedings for an offence under this Act,

the member or authorised person may seize and detain that thing or document and anything else so found which appears to him to be something which might be required as evidence in proceedings for an offence under this Act.

(3) The powers conferred on an authorised person by a warrant issued under this section shall be exercisable by the person as regards a dwelling only if, and only for so long as, he is accompanied by a member of the Garda Síochána.