International War Crimes Tribunals Act, 1998
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Search warrants. |
30.—(1) In response to a request from an international tribunal, the Minister may direct that an application to the District Court for a search warrant be made by a member of the Garda Síochána not below the rank of superintendent in connection with an international tribunal crime under investigation by that tribunal. | |
(2) A judge of the District Court who, on application in accordance with a direction under subsection (1), is satisfied that there are reasonable grounds for believing that there is in any place evidence relating to the commission of the international tribunal crime shall have the same power to issue a search warrant authorising entry, search and seizure in relation to that place as the judge would have in the case of an offence committed in the State and in respect of which similar powers are exercisable by the judge. | ||
(3) The restriction in section 9 (2) of the Criminal Law Act, 1976 , on the seizure or retention of any document that was, or may have been, made for the purposes of obtaining, giving, or communicating legal advice shall apply to a member of the Garda Síochána who conducts a search under this section. | ||
(4) A member of the Garda Síochána who seizes any evidence by virtue of this section shall provide to the Minister, for transmission to the international tribunal concerned— | ||
(a) the seized evidence, and | ||
(b) any certificate, affidavit or other verifying document that is necessary for the purposes of complying with the request and that may be specified in the direction given under subsection (1). | ||
(5) If the seized evidence consists of a document, the original or a copy of the document shall be transmitted to the international tribunal that made the request. | ||
(6) If the seized evidence consists of any article other than a document, the article itself or a description, photograph or other representation of it shall be transmitted to the international tribunal as may be necessary to comply with its request. | ||
(7) In this section “evidence” includes documents and other articles. |