Criminal Justice (Search Warrants) Act 2012
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Amendment of section 8 of Criminal Justice (Drug Trafficking) Act 1996. |
3.— (1) Section 8 of the Criminal Justice (Drug Trafficking) Act 1996 is amended by the insertion of the following subsections after subsection (2): | |
“(2A) (a) A member of the Garda Síochána not below the rank of superintendent may issue a search warrant under the said section 26 only if he or she is independent of the investigation of the offence in relation to which the search warrant is being sought. | ||
(b) In this subsection ‘independent of’, in relation to the investigation of an offence, means not being in charge of, or involved in, that investigation. | ||
(2B) A member of the Garda Síochána not below the rank of superintendent who issues a search warrant under the said section 26 shall, either at the time the warrant is issued or as soon as reasonably practicable thereafter, record in writing the grounds on which the warrant was issued, including how he or she was satisfied as to the matters referred to in subsection (2).”. | ||
(2) The amendments of section 8 of the Criminal Justice (Drug Trafficking) Act 1996 effected by subsection (1) shall apply only to a search warrant that is issued under section 26 of the Misuse of Drugs Act 1977 on or after the commencement of this section. |