Garda Síochána (Recording Devices) Act 2023
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Offences under this Part | ||
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35. (1) Where a person— | ||
(a) requires an authorisation under this Part to install, operate or both, or to cause to be installed, operated or both, CCTV for a purpose referred to in section 26 (1), and | ||
(b) installs, operates or both, or causes to be installed, operated or both, the CCTV concerned without having such an authorisation, | ||
that person shall be guilty of an offence. | ||
(2) A person who— | ||
(a) fails, without reasonable excuse, to comply with section 30 (2), subsection (1) or (5) of section 31 or section 32 (3), or | ||
(b) fails, without reasonable excuse, to comply with a direction issued to him or her under section 33 , | ||
shall be guilty of an offence. | ||
(3) A person who, without lawful authority or reasonable excuse, knowingly does any of the following: | ||
(a) falsifies, conceals, destroys or otherwise disposes of information (including visual or audio information) gathered by CCTV authorised under this Part; | ||
(b) permits the falsification, concealment, destruction or disposal of the information; | ||
(c) causes damage to or destroys the CCTV or part thereof; | ||
(d) permits damage to, or the destruction of, the CCTV or part thereof, | ||
for the purpose of making that information, any document derived therefrom or the CCTV or part thereof unavailable as evidence, shall be guilty of an offence. | ||
(4) A person who induces, coerces or requests, without lawful authority or reasonable excuse, a member of Garda personnel to commit an offence under subsection (3) shall be guilty of an offence. | ||
(5) A person guilty of an offence under subsection (1) or (2) is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both. | ||
(6) A person guilty of an offence under subsection (3) or (4) shall be liable— | ||
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or | ||
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both. |