Pawnbrokers Act, 1964

Power of entry, etc.

46.—(1) A member of the Garda Síochána may enter at all reasonable times any premises in respect of which a pawnbroker's licence is in force and may inspect the premises and any articles therein and may call for the production of and examine any books, catalogues, documents or records kept in the premises.

(2) (a) Where a member of the Garda Síochána finds in the course of an inspection under this section any article which he has reasonable grounds for believing to have been stolen, unlawfully obtained or unlawfully pawned, he may seize, carry away and detain the article or impound the article in the pawnbroker's premises.

(b) Where a member of the Garda Síochána carries away an article under this subsection, he shall give to the pawnbroker a receipt for the article.

(c) Where a member of the Garda Síochána impounds an article under this subsection, the pawnbroker shall, when so requested by a member of the Garda Síochána, produce the article at the hearing of the application provided for by subsection (3) of this section.

(3) Where a member of the Garda Síochána detains or impounds any article under this section, he shall, as soon as is reasonably possible, apply to the District Court for an order for the disposition of the article and, on such application, the Court shall—

(a) if satisfied that the article was stolen, unlawfully obtained or unlawfully pawned, order the return of the article to its owner, and

(b) in any other case, order the return of the article to the pawnbroker concerned.

(4) The Court, when making an order under this section for the return of an article to its owner, may order such return either with or without payment by the owner to the pawnbroker of the whole or part of the amount of the loan obtained by virtue of the pawning of the article and shall have regard to any failure on the part of the owner to exercise reasonable care in the protection of his property, except to the extent that the pawnbroker has been unjustly enriched.

(5) A member of the Garda Síochána shall not exercise the powers conferred by this section unless he is authorised in writing so to do by a member of the Garda Síochána not below the rank of inspector and, when exercising any of such powers, he shall, if requested by any person affected, produce the authorisation.

(6) A person—

(a) who obstructs or interferes with a member of the Garda Síochána in the exercise of a power conferred by this section, or

(b) who, on being called on under this section by a member of the Garda Síochána to produce any book, catalogue, document or record in his power, possession or procurement, refuses to do so, or

(c) who fails to comply with a request under paragraph (c) of subsection (2) of this section,

shall be guilty of an offence.