National Monuments (Amendment) Act, 1994
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Forfeiture of detection devices and other equipment. |
7.—(1) A member of the Garda Síochána may without warrant seize and detain— | |
(a) a detection device found in, at the site of, or in the vicinity of, a monument referred to in section 2 (1) (a) (i) or (iv) (inserted by the National Monuments (Amendment) Act, 1994) of the Act of 1987, or found in, or in the vicinity of, the areas referred to in section 2 (1) (a) (ii) or (iii) of the Act of 1987 unless the person in possession of the said device is in possession of a consent in respect of that device issued under section 2 (2) (a) of the Act of 1987, | ||
(b) any equipment (being equipment of a kind capable of being used in a contravention of section 3 of the Act of 1987) which he reasonably believes is being used in the commission of an offence under the said section, found in, at, or in the vicinity of— | ||
(i) the site of a wreck, or | ||
(ii) an archaeological object that is lying on, in or under the sea bed or on land covered by water, and | ||
where such wreck or object is in, or in the vicinity of, an area to which this paragraph applies. | ||
(2) A person who obstructs or interferes with a member of the Garda Síochána acting under this section shall be guilty of an offence. | ||
(3) If a person is convicted of an offence under the National Monuments Acts, 1930 to 1994, involving the unlawful use of a detection device or other equipment, the court may order the device or the equipment concerned to be forfeited and either destroyed or otherwise disposed of in such manner as the court may determine. | ||
(4) A court shall not order a detection device or other equipment to be forfeited under this section if a person claiming to be the owner of it or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made. | ||
(5) An order under this section shall not take effect until the ordinary time for instituting an appeal against the conviction or order concerned has expired, or where such an appeal is instituted, until it or any further appeal is finally decided or abandoned or the ordinary time for instituting any further appeal has expired. | ||
(6) The Police (Property) Act, 1897 , and, where appropriate, section 25 of the Criminal Justice Act, 1951 , shall apply to any detection device or equipment to which this section applies. | ||
(7) In this section “detection device” has the meaning assigned to it by section 2 (8) of the Act of 1987. | ||
(8) Paragraph (b) of subsection (1) of this section applies to all or any of the following areas, namely: | ||
(a) an archaeological area which stands registered in the register by virtue of section 5 of the Act of 1987, | ||
(b) a restricted area, | ||
(c) a monument of which the Commissioners or a local authority are the owners or the guardians or in respect of which a preservation order is in force, | ||
(d) a monument recorded under section 12 of this Act. |