Garda Síochána (Recording Devices) Act 2023
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Judicial authorisation of focussed monitoring for more than 3 months | ||
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19. (1) If an approval under section 18 has been granted and a member of the Garda Síochána not below the rank of superintendent believes that focussed monitoring of the vehicle concerned for more than 3 months (in this section referred to as “continued focussed monitoring”) is justified for the purpose of investigating an arrestable offence or matters relating to the security of the State, he or she may make an application to a judge of the District Court assigned to the Dublin Metropolitan District before the expiry of the 3-month period for an authorisation to continue to utilise ANPR for that purpose. | ||
(2) An application referred to in subsection (1) shall include the following information on oath: | ||
(a) a copy of the written approval concerned to which section 18 (4) refers; | ||
(b) a summary of the results of the focussed monitoring; | ||
(c) a statement of the reasons why the applicant believes that the continued focussed monitoring is justified for the purpose of investigating an arrestable offence or matters relating to the security of the State; | ||
(d) a statement of the reasons why the applicant believes that the continued focussed monitoring is necessary and proportionate having regard to the purpose referred to in paragraph (c). | ||
(3) An application under subsection (1) shall be made ex parte and shall be heard otherwise than in public. | ||
(4) A judge to whom an application under subsection (1) is made shall grant such authorisation as he or she considers reasonable, if he or she is satisfied that to do so is justified, having regard to the information on oath referred to in subsection (2) and to all other relevant circumstances. | ||
(5) Subject to subsections (6) to (8), an authorisation under this section shall expire on the day fixed by the judge that he or she considers reasonable in the circumstances and that is not later than 3 months from the day on which it is granted. | ||
(6) A judge of the District Court assigned to the Dublin Metropolitan District may, on application in that behalf by the member to whom an authorisation was granted, if satisfied by information on oath of that member justifying the variation or renewal of the authorisation— | ||
(a) vary the authorisation, or | ||
(b) renew the authorisation, on the same or different conditions, for such further period, not exceeding 3 months, as the judge considers appropriate. | ||
(7) An application for a renewal under this section shall be made before the authorisation concerned, or the last renewal of that authorisation, as the case may be, has expired. | ||
(8) Where an application for a renewal under this section has been made and the authorisation concerned would, but for this subsection, expire before the determination of the application, it shall be deemed not to expire until the application has been determined. | ||
(9) An authorisation under this section shall be in writing and shall specify— | ||
(a) the vehicle that is to be the subject of continued focussed monitoring, | ||
(b) such conditions (if any) subject to which the authorisation is granted, as the judge considers appropriate, and | ||
(c) the date of expiry of the authorisation. | ||
(10) Subject to any conditions imposed by the judge under subsection (9), an authorisation shall have effect both within the Dublin Metropolitan District and in any other part of the State. |