Criminal Justice (Drug Trafficking) Act, 1996

Search warrants.

8.—(1) Subsection (1) of section 26 of the Act of 1977 is hereby amended—

(a) by the insertion after “Garda Síochána” of “or if, subject to the provisions of subsection (2) of section 8 of the Criminal Justice (Drug Trafficking) Act, 1996, a member of the Garda Síochána not below the rank of superintendent is satisfied”, and

(b) by the substitution for “such Justice or Commissioner” of “such Justice, Commissioner or, as the case may be, member”.

(2) A member of the Garda Síochána not below the rank of superintendent shall not issue a search warrant under the said section 26 unless he or she is satisfied—

(a) that the warrant is necessary for the proper investigation of a drug trafficking offence, and

(b) that circumstances of urgency giving rise to the need for the immediate issue of the search warrant would render it impracticable to apply to a judge of the District Court or a Peace Commissioner under the said section 26 for the issue of the warrant.

(3) Notwithstanding subsection (2) of section 26 of the Act of 1977, a search warrant issued by a member of the Garda Síochána not below the rank of superintendent under subsection (1) of that section shall cease to have effect after a period of 24 hours has elapsed from the time of the issue of the warrant.