Merchant Shipping (Salvage and Wreck) Act, 1993

Search warrant and powers of entry.

57.—(1) If a Judge of the District Court is satisfied by information on oath of a member of the Garda Síochána or a receiver that there is reasonable cause for suspecting that any wrecked or stranded vessel or other wreck is being concealed by or is in the possession of some person who is not the owner or receiver of it or is otherwise being improperly dealt with, the Judge may issue a search warrant under this section.

(2) A search warrant issued under this section shall be expressed and operate to authorise a named member of the Garda Síochána or a named receiver, accompanied by such members of the Garda Síochána and officers of Customs and Excise as the named member or receiver thinks necessary, at any time or times within one month from the date of issue of the warrant, on production if so requested of the warrant—

(a) to enter (if necessary by force) the land, premises, vehicle, vessel or aircraft named in the warrant,

(b) to search the land, premises, vehicle, vessel or aircraft and any persons found therein,

(c) to examine anything found therein,

(d) if there is reasonable ground for suspecting that any thing—

(i) may be required as evidence in proceedings for an offence under this Part,

(ii) should be in the possession of the receiver for retention or disposal in accordance with the provisions of this Part,

to seize and detain such thing.

(3) Where any premises, land, vehicle, vessel or aircraft is entered pursuant to a warrant issued under this section, the named member of the Garda Síochána or receiver and any person duly acompanying such named officer or receiver so entering may stop and detain any person or persons found in, on or under such land or premises, or in or on such vehicle, vessel or aircraft for the purpose of searching such person or persons or causing such person or persons to be searched.