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Amendment of section 24 of Act of 1925
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17. Section 24 of the Act of 1925 is amended—
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(a) by the substitution of the following subsections for subsection (1):
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“(1) If a judge of the District Court is satisfied by information on oath of a member of the Garda Síochána not below the rank of sergeant that there are reasonable grounds for suspecting that evidence of, or relating to, the commission of an offence under this Act 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.
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(1A) Subject to subsections (1B) and (1C), if a member of the Garda Síochána not below the rank of superintendent is satisfied that there are reasonable grounds for suspecting that evidence of, or relating to, the commission of an offence under this Act is to be found in any place, the member may issue to a member of the Garda Síochána not below the rank of sergeant a warrant for the search of that place and any persons found at that place.
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(1B) A member of the Garda Síochána not below the rank of superintendent shall not issue a search warrant under this section unless he or she is satisfied—
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(a) that the search warrant is necessary for the proper investigation of an offence under this Act, and
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(b) that circumstances of urgency giving rise to the need for the immediate issue of the search warrant would render it impracticable to apply to a judge of the District Court under this section for the issue of the warrant.
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(1C) A member of the Garda Síochána not below the rank of superintendent may issue a search warrant under this section only if he or she is independent of the investigation of the offence in relation to which the search warrant is being sought.”,
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(b) in subsection (2)—
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(i) by the substitution of the words “search warrant” for “search order”, wherever they occur, and
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(ii) by the substitution of “within, if the warrant is issued by a judge of the District Court, one week, and if the warrant is issued by a member of the Garda Síochána not below the rank of superintendent, 48 hours,” for “within 48 hours”,
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(c) in subsection (3)—
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(i) by the substitution of “search warrant” for “search order”, and
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(ii) by the substitution of “search warrant” for “order”,
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and
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(d) by the insertion of the following subsections after subsection (3):
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“(4) The power to issue a search 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.
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(5) A member of the Garda Síochána not below the rank of superintendent who issues a search warrant under this section 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 (1B).
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(6) In this section—
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‘independent of’, in relation to the investigation of an offence, means not being in charge of, or involved in, that investigation;
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‘place’ includes—
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(a) a dwelling or a part thereof,
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(b) a building or a part thereof,
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(c) a vehicle, whether mechanically propelled or not,
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(d) a vessel, whether sea-going or not,
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(e) an aircraft, whether capable of operation or not, and
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(f) a hovercraft.”.
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