Criminal Justice (Mutual Assistance) Act 2008
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Information about financial transactions for use in the State | ||
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Account information order and account monitoring order. |
13.— (1) For the purposes of a criminal investigation in the State, a member of the Garda Síochána not below the rank of inspector may apply ex parte and otherwise than in public to a judge of the High Court for an account information order or an account monitoring order or for both of those orders. | |
(2) The application may relate to— | ||
(a) all financial institutions in the State or the designated state concerned, | ||
(b) a category or categories of such financial institutions, or | ||
(c) a particular such financial institution or particular such financial institutions. | ||
(3) The judge may make the order or orders applied for in relation to the financial institution or financial institutions specified in the application if satisfied that— | ||
(a) the Garda Síochána are investigating whether a specified person— | ||
(i) has committed an offence, or | ||
(ii) is in possession or control of assets or proceeds deriving from criminal conduct, | ||
and | ||
(b) there are reasonable grounds for believing— | ||
(i) that the financial institution or financial institutions concerned may have information which is required for the purposes of the investigation, and | ||
(ii) that it is in the public interest that any such information should be disclosed for those purposes, having regard to the benefit likely to accrue to the investigation and any other relevant circumstances. | ||
(4) An order under this section shall contain sufficient information in relation to any account specified in it to enable the account to be identified by the financial institution concerned. | ||
(5) An order under this section has effect notwithstanding any obligation as to secrecy or any other restriction on disclosure imposed by statute or otherwise. | ||
(6) A notice in writing given to a financial institution pursuant to an order under this section and specifying operations on accounts kept therein may be modified by the applicant for the order, in consultation with the financial institution, with a view to avoiding as far as practicable the provision by that institution of information that is not relevant to the criminal investigation concerned. | ||
(7) Any information provided by a financial institution in the State in compliance with an order under this section is not admissible in evidence against the financial institution, except in any proceedings for an offence under section 21 (1)(b). |