S.I. No. 80/2010 - Criminal Justice (Surveillance) Act 2009 (Written Record of Approval) (Defence Forces) Regulations 2010.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th February, 2010.

I, WILLIE O‘DEA, Minister for Defence, in exercise of the powers conferred on me by sections 7(7), 8(7) and 16 of the Criminal Justice (Surveillance) Act 2009 (No. 19 of 2009), hereby make the following regulations:

1. These Regulations may be cited as the Criminal Justice (Surveillance) Act 2009 (Written Record of Approval) (Defence Forces) Regulations 2010.

2. In these Regulations “Act of 2009” means the Criminal Justice (Surveillance) Act 2009 (No. 19 of 2009).

3. The form set out in Part 1 of the Schedule is prescribed for the purposes of section 7(7) of the Act of 2009.

4. The form set out in Part 2 of the Schedule is prescribed for the purposes of section 8(7) of the Act of 2009.

SCHEDULE

PART 1

CJS Form 1.

Defence Forces

Written record of approval for surveillance under section 7 of the Criminal Justice (Surveillance) Act 2009 (Number 19 of 2009)

I .............................................., a superior officer of the Defence Forces within the meaning of section 1 of the Criminal Justice (Surveillance) Act 2009 (No. 19 of 2009), holding the rank of ................................, received an application, dated the ......... day of ................................ 20..........., from .............................................. to grant approval to carry out surveillance within the meaning of that Act.

Having regard to the information in the application, and being satisfied that there are reasonable grounds for believing that an authorisation would be issued under section 5 of the Criminal Justice (Surveillance) Act 2009 and that the following condition(s) of urgency specified in section 7(2) of that Act apply:

I hereby grant approval to .................................................................. to carry out surveillance as follows:

1. Particulars of surveillance device approved

2. Person, place or thing to be subject of surveillance

Name (if a person):

Place (if a place):

Thing (if a thing):

3. Subject to the following conditions (if any)

4. Duration of approval (not to exceed 72 hours from time of grant of approval)

Approval granted at ..................... hours ..................... mins am/pm on the ........... day of ........................................................... 20.............

This written record of approval was prepared at ......................... (time) ......................... (date) (not to be later than 8 hours after grant of approval).

I declare that the information above is true and accurate.

Signed:

PART 2

CJS Form 2.

Defence Forces

Written record of approval for the use of a tracking device under section 8 of the Criminal Justice (Surveillance) Act 2009 (Number 19 of 2009)

I .............................................., a superior officer of the Defence Forces within the meaning of section 1 of the Criminal Justice (Surveillance) Act 2009 (No. 19 of 2009), holding the rank of ................................, received an application, dated the ......... day of ................................ 20..........., from .............................................. to grant approval to use a tracking device within the meaning of that Act.

Having regard to the information in the application, and being satisfied that there are reasonable grounds for believing that an authorisation would be issued under section 5 of the Criminal Justice (Surveillance) Act 2009 and that the conditions specified in section 8(2) of that Act apply, I hereby grant approval to .................................................................. to use a tracking device as follows:

1. Particulars of tracking device approved

2. Person, vehicle or thing to be subject of monitoring

Name (if a person):

Vehicle (if a vehicle):

Thing (if a thing):

3. Subject to the following conditions (if any)

4. Duration of approval (not to exceed 4 months from date of approval)

Approval granted at ..................... hours ..................... mins am/pm on the ........... day of ........................................................... 20.............

This written record of approval was prepared at ......................... (time) ......................... (date) (not to be later than 8 hours after grant of approval).

I declare that the information above is true and accurate.

Signed:

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GIVEN under my Official Seal,

17 February 2010.

WILLIE O‘DEA,

Minister for Defence.