Criminal Justice Act 2006

Amendment of Criminal Justice (Theft and Fraud Offences) Act 2001.

192.—(1) The Criminal Justice (Theft and Fraud Offences) Act 2001 is amended—

(a) in section 48, by the substitution of the following subsection for subsection (2):

“(2) If a Judge of the District Court is satisfied by information on oath of a member of the Garda Síochána that there are reasonable grounds for suspecting that evidence of, or relating to the commission of, an offence to which this section applies is to be found in any place, the judge may issue a warrant for the search of that place and any person found there.”,

and

(b) in section 52, by the substitution of the following subsection for subsection (2):

“(2) If a Judge of the District Court is satisfied by information on oath of a member of the Garda Síochána that—

(a) the Garda Síochána are investigating an offence to which this section applies,

(b) a person has possession or control of particular material or material of a particular description, and

(c) there are reasonable grounds for suspecting that the material constitutes evidence of or relating to the commission of the offence,

the judge may order the person to—

(i) produce the material to a member of the Garda Síochána for the member to take away, or

(ii) give such a member access to it,

either immediately or within such period as the order may specify.”.

(2) This section shall not affect the validity of a warrant issued under section 48, or an order made under section 52, of the Criminal Justice (Theft and Fraud Offences) Act 2001 before the commencement of this section and such a warrant or order shall continue in force in accordance with its terms after such commencement.