Criminal Justice (Location of Victims' Remains) Act, 1999

Search warrants.

8.—(1) If on an application made by a member of the Garda Síochána, not below the rank of inspector, a judge of the District Court is satisfied that the Commission has certified that the remains of a victim are likely to be found at any place or premises, he or she may issue a warrant authorising a named member of the Garda Síochána, accompanied by such other persons as may be necessary, to enter, within one week from the date of issue of the warrant, on production, if so requested, of the warrant, if necessary by the use of reasonable force, the place or premises named on the warrant and, for as long as may be necessary, to search it and recover the remains of the victim and anything found with the remains.

(2) The power to issue a warrant under this section is in addition to and not in substitution for any other power to issue a warrant for the search of any place or premises.

(3) A document purporting to be a certificate stating where the remains of a victim are likely to be found and to be signed by or on behalf of the Commission shall be deemed, unless the contrary is shown, to be such certificate and so signed and the certificate shall be admissible as evidence of the facts stated therein.

(4) A person who obstructs or interferes with a member of the Garda Síochána, or any person accompanying the member, acting under the authority of a warrant under this section, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500, or to imprisonment for a term not exceeding 6 months, or to both.

(5) A member of the Garda Síochána acting under the authority of a warrant under this section may arrest without a warrant any person who obstructs or interferes with that member, or any person accompanying the member, in so acting.