Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Powers of arrest, search and seizure of relevant bodies | ||
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203. (1) A member of a relevant body may arrest without warrant any person committing an offence, or any person whom the member believes to be committing an offence, under this Act. | ||
(2) A member of a relevant body may arrest without warrant any person on suspicion of having committed or having been involved in committing an offence under this Act if the member has reasonable grounds to believe that such person may abscond. | ||
(3) A member of a relevant body, accompanied, if appropriate, by any other person it would be reasonable for him or her to be accompanied by, may— | ||
(a) search land, premises, vehicles, vessels and aircraft without warrant for the purpose of investigating the commission or intended commission of offences under this Act, | ||
(b) seize and detain any thing found in the course of such search which may be evidence of the commission or intended commission of an offence under this Act or which appears to be held contrary to this Act or photograph or otherwise record (including, in the case of documents, make copies of) any such thing or secure it for future examination or retrieval, or | ||
(c) secure any site, area, vessel, vehicle or aircraft (other than a private dwelling) for future search. | ||
(4) A private dwelling shall not be entered under this section without the consent of the occupier unless a warrant from the District Court has been obtained under subsection (5). | ||
(5) If a judge of a District Court is satisfied by information on oath of a member of An Garda Síochána that there are reasonable grounds for suspecting that evidence of, or relating to, the commission or intended commission of an offence under this Act is to be found in or under any private dwelling, the judge may issue a warrant. | ||
(6) A search warrant issued under subsection (5) shall be expressed, and shall operate, to authorise named members of An Garda Síochána, accompanied, if appropriate by other members of An Garda Síochána, or any other persons it would be reasonable for them to be accompanied by, at any time or times within one month from the issue of the warrant, on production of the warrant if so requested, to— | ||
(a) enter the dwelling by force if necessary, | ||
(b) seize any thing found in or under the private dwelling which may be evidence of the commission or intended commission of an offence under this Act or which appears to be held contrary to this Act or photograph or otherwise record (including, in the case of documentation, make copies of) any such thing or secure it for future examination or retrieval, | ||
(c) secure the dwelling for future search, or | ||
(d) exercise all or any of the powers conferred by this section. | ||
(7) The Police (Property) Act 1897 and, where appropriate section 25 of the Criminal Justice Act 1951 shall apply to any thing seized under this section (including anything seized by a member of the naval service) as that Act or such section 25, as the case may be, applies to property which has come into the possession of An Garda Síochána in the circumstances mentioned in that Act concerned. |