Garda Síochána (Recording Devices) Act 2023
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PART 9 Miscellaneous Provisions | ||
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Admissibility of evidence | ||
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48. (1) Documents obtained in accordance with this Act may, subject to this section and any applicable rules of evidence, be admitted as evidence in criminal and civil proceedings and in disciplinary actions. | ||
(2) Nothing in this Act is to be construed as prejudicing the admissibility of documents obtained otherwise than as a result of the use, in accordance with this Act, of a recording device. | ||
(3) A failure to observe any provision of an order (other than an order under section 1 (2)) made under this Act, or a code of practice, on the part of any member of Garda personnel in the performance by him or her of any function under this Act, shall not (without prejudice to the power of the court to exclude evidence at its discretion) of itself affect the admissibility of any evidence thereby obtained. | ||
(4) It shall be presumed, until the contrary is shown, that a recording device operated for the purposes referred to in this Act is a device capable of producing accurate information or material without the necessity of— | ||
(a) proving that the recording device was capable of producing accurate information or material or was in good working order, | ||
(b) proving any matters relating to the storage of the recording device or the documents derived from it, or | ||
(c) exhibiting the recording device in any court proceedings. | ||
(5) In any proceedings (including proceedings for an offence), the production of an approval, authorisation or designation under this Act that is purported to be signed by a member of Garda personnel shall, until the contrary is proved, be evidence of the making of the approval, authorisation or designation, as the case may be, without proof of the signature of such member or of his or her official capacity. | ||
(6) In this section, “disciplinary action” means— | ||
(a) any proceedings conducted in accordance with regulations made under section 123 of the Act of 2005, or | ||
(b) disciplinary measures within the meaning of section 15 of the Civil Service Regulation Act 1956 . |