Garda Síochána (Recording Devices) Act 2023
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Offences under this Part | ||
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43. (1) A person who owns or operates the third-party CCTV that is specified in an authorisation granted under and in accordance with section 40 , or varied or renewed under section 41 , or in an approval granted under section 42 , or varied under that section, shall comply with the terms of the authorisation or the approval as the case may be. | ||
(2) A person referred to in subsection (1) who fails to comply with an authorisation granted under and in accordance with section 40 , or varied or renewed under section 41 , or an approval granted under section 42 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 to which this Part relates; | ||
(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 (2) shall be 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. |