Criminal Justice Act 2006
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Search warrants in relation to arrestable offences. |
6.—(1) The Criminal Justice (Miscellaneous Provisions) Act 1997 is amended by— | |
(a) the substitution of the following section for section 10: | ||
“Search warrants in relation to arrestable offences. | ||
10.—(1) If a judge of the District Court is satisfied by information on oath of a member not below the rank of sergeant that there are reasonable grounds for suspecting that evidence of, or relating to, the commission of an arrestable offence is to be found in any place, the judge may issue a warrant for the search of that place and any persons found at that place. | ||
(2) A search warrant under this section shall be expressed, and shall operate, to authorise a named member, accompanied by such other members or persons or both as the member thinks necessary— | ||
(a) to enter, at any time or times within one week of the date of issue of the warrant, on production if so requested of the warrant, and if necessary by the use of reasonable force, the place named in the warrant, | ||
(b) to search it and any persons found at that place, and | ||
(c) to seize anything found at that place, or anything found in the possession of a person present at that place at the time of the search, that that member reasonably believes to be evidence of, or relating to, the commission of an arrestable offence. | ||
(3) A member acting under the authority of a search warrant under this section may— | ||
(a) require any person present at the place where the search is being carried out to give to the member his or her name and address, and | ||
(b) arrest without warrant any person who— | ||
(i) obstructs or attempts to obstruct the member in the carrying out of his or her duties, | ||
(ii) fails to comply with a requirement under paragraph (a), or | ||
(iii) gives a name or address which the member has reasonable cause for believing is false or misleading. | ||
(4) A person who obstructs or attempts to obstruct a member acting under the authority of a search warrant under this section, who fails to comply with a requirement under subsection (3)(a) or who gives a false or misleading name or address to a member shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both. | ||
(5) The power to issue a warrant under this section is without prejudice to any other power conferred by statute to issue a warrant for the search of any place or person. | ||
(6) In this section— | ||
‘arrestable offence’ has the meaning it has in section 2 (as amended by section 8 of the Criminal Justice Act 2006) of the Criminal Law Act 1997 ; | ||
‘ place’ means a physical location and includes— | ||
(a) a dwelling, residence, building or abode, | ||
(b) a vehicle, whether mechanically propelled or not, | ||
(c) a vessel, whether sea-going or not, | ||
(d) an aircraft, whether capable of operation or not, and | ||
(e) a hovercraft.”, | ||
and | ||
(b) the deletion of the First Schedule. | ||
(2) This section shall not affect the validity of a warrant issued under section 10 of the Criminal Justice (Miscellaneous Provisions) Act 1997 before the commencement of this section and such a warrant shall continue in force in accordance with its terms after such commencement. |