Garda Síochána (Recording Devices) Act 2023
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Focussed monitoring by member of Garda personnel relating to arrestable offences and matters relating to security of State | ||
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18. (1) A member of Garda personnel may utilise ANPR to monitor the movements of a particular vehicle (in this section and section 19 referred to as “focussed monitoring”) only if that utilisation— | ||
(a) has been approved under this section by a member of the Garda Síochána not below the rank of superintendent following receipt of an application which shall be made by the member of Garda personnel, or | ||
(b) has been authorised by a judge of the District Court under section 19 . | ||
(2) A member of the Garda Síochána not below the rank of superintendent may approve an application under this section, having regard to the information contained in the application, if— | ||
(a) he or she believes on reasonable grounds that the vehicle in question is connected to an investigation relating to an arrestable offence or matters relating to the security of the State, | ||
(b) he or she is independent of the investigation of the offence, or the matters relating to the security of the State, as the case may be, in relation to which the application is being made, and | ||
(c) he or she is satisfied that the focussed monitoring is necessary and proportionate with regard to the purpose of the investigation or matters referred to in paragraph (b). | ||
(3) An approval under this section— | ||
(a) shall be granted subject to the condition that the approval shall be for as short a period as in the opinion of the member of the Garda Síochána granting the approval is reasonably required but in any event, including where the approval is varied under subsection (5), shall not exceed a duration of 3 months, and | ||
(b) may be granted subject to such other conditions as the member of the Garda Síochána granting the approval considers appropriate, having regard to the information contained in the application for approval. | ||
(4) An approval under this section shall be in writing and shall specify— | ||
(a) the vehicle that is to be the subject of focussed monitoring, | ||
(b) the name and rank of the member of the Garda Síochána who granted the approval, | ||
(c) the conditions (if any) subject to which the approval is granted, | ||
(d) the date of expiry of the approval, and | ||
(e) any additional matters that may be specified in an applicable code of practice. | ||
(5) A member of the Garda Síochána referred to in subsection (2) may, following an application made by a member of Garda personnel, and taking into account the matters referred to in that subsection, vary, subject to subsection (3)(a), the duration of an approval granted under this section at any time before the expiry of the approval. | ||
(6) The Garda Síochána shall create and maintain a written list of applications for focussed monitoring, which shall contain the details of each application and the reasons why each application was approved or refused, or varied under subsection (5), and any further information provided for in an applicable code of practice. |