Broadcasting Act, 1990

Search warrants.

14.—(1) A Justice of the District Court may, upon the information on oath of a member of the Garda Síochána that there is reasonable ground for believing that an offence under section 9 or 10 is taking or has taken place in a specified place, grant to such member of the Garda Síochána a search warrant which shall be expressed and shall operate to authorise the member of the Garda Síochána to whom it is granted to enter, and if need be by force, the place named in the said information and there to search for equipment to which section 9 (1) (c) or 9 (2) (a) relates and to examine all such equipment there found and to seize and take away all or any part of such equipment.

(2) (a) A search warrant granted under this section shall operate to authorise any one or more of the following, namely, any member of the Garda Síochána or any person authorised by the member of the Garda Síochána to whom the warrant is granted to accompany and assist him in the exercise of the powers thereby conferred on him.

(b) The member of the Garda Síochána to whom the warrant is granted may retain anything seized under this section which he believes to be evidence of any offence or suspected offence under section 9 (1) (c) or 9 (2) (a) for use as evidence in proceedings in relation to any such offence, for such period from the date of seizure as is reasonable, or, if proceedings are commenced in which the thing so seized is required for use in evidence, until the conclusion of the proceedings, and the member of the Garda Síochána shall, as soon as may be, deliver any such thing to the person who in his opinion is the owner thereof, and in case the member of the Garda Síochána decides that he is unable to ascertain such person, then, on and from the date of his decision, the Police (Property) Act, 1897 , shall apply to the thing so seized.

(3) (a) Any person who by act or omission impedes or obstructs a member of the Garda Síochána or any other person in the exercise of a power conferred by this section shall be guilty of an offence.

(b) Any person who with intent to impede or obstruct a member of the Garda Síochána or any other person in the exercise of a power conferred by this section places, erects, instals, keeps or maintains any thing shall be guilty of an offence and if the impediment or obstruction is continued after conviction, he shall be guilty of a further offence on each day on which it is so continued.

(c) Every person guilty of an offence under this subsection shall be liable on summary conviction to a fine not exceeding £500.