Fundamental Rights
Article 40
5 the dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law.

PART 5
PROVISION OF EVIDENCE
Chapter 2
Search for Evidence

Search for
evidence at place in designated state.


73. — (1) Where it appears to a judge at a sitting of any court that—
(a) criminal proceedings have been instituted or a criminal investigation is taking place, and

(b) evidence for the purposes of the proceedings or investigation may be obtained at a place in a designated state,

the judge may, in accordance with the relevant international instrument, issue a letter (a “letter of request”) requesting assistance in obtaining the evidence.

(2) Application for a letter of request may be made by the Director of Public Prose- cutions or a person charged in any such proceedings that have been instituted.
(3) The letter of request shall be sent to—
(a) the Central Authority for transmission to the appropriate authority, or
(b) in urgent cases, directly to that authority.
(4) Notwithstanding subsections (1) to (3), where proceedings for an offence have been instituted or an offence is being investigated, the Director of Public Prosecutions may issue and transmit a letter of request directly to the appropriate authority.
(5) The letter of request shall include—
(a) a statement that the evidence is required for the purpose of criminal proceedings or a criminal investigation and will be returned to the appropriate authority when no longer required for that purpose, unless the authority indicates otherwise,
(b) information relating to the nature and location of the evidence concerned,
(c) a brief description of the conduct constituting the offence concerned, and
(d) any other available information that may assist the appropriate authority in complying with the letter of request.

(6) Evidence obtained by virtue of this section shall not, without the consent of the appropriate authority, be used for any purpose other than that permitted by the relevant international instrument or specified in the letter of request.

(7) When any such evidence is no longer required for that purpose (or for any other purpose for which such consent has been obtained), it shall be returned to the appropriate authority unless the authority indicates that it need not be returned.
(8) In any proceedings relating to the offence—
(a) evidence (other than documentary evidence) which purports—
(i) to have been obtained as a result of a request under this section, and



(ii) to be certified by or on behalf of the appropriate authority to be such evidence,
is admissible without further proof, and
(b) documentary evidence which purports—
(i) to have been so obtained, and
(ii) to be so certified,
is admissible, without further proof, as evidence of any fact stated in it of which oral evidence would be admissible.
(9) In this section, “appropriate authority” means—
(a) a court or tribunal exercising criminal jurisdiction in the place in a designated state where the evidence referred to in the letter of request is to be obtained, or

(b) any other body or authority recognised by the government of that state as the appropriate authority for receiving the letter.


Search for
evidence for use outside State
(general).

74. — (1) Subject to subsections (2) and (3), this section applies to a request for assistance in obtaining evidence for the purposes of criminal proceedings, or a criminal investigation, in a designated state, where there is power under any enactment to issue a warrant for the search of a place in respect of an offence constituted by the conduct giving rise to the request.

(2) This section does not apply to such a request from a member state unless the act is punishable—

(a) under the law of the State and the member state by imprisonment for a maximum period of at least 6 months, or

(b) under the law of the State by such imprisonment and under the law of the member state by virtue of being an infringement of the rules of law which is being prosecuted by the administrative authorities and where the decision may give rise to proceedings before a court having jurisdiction in particular in criminal matters.

(3) This section does not apply to such a request from a designated state (other than a member state) unless the conduct giving rise to the request is punishable under both the law of the State and the law of that state.

(4) The Minister, if of opinion that this section applies to the request, may, subject to subsection (5), send the request and any accompanying and related documents to the Commissioner of the Garda Síochána to arrange for the request to be complied with.

(5) In the case of a request from a designated state, the Minister may not proceed in accordance with subsection (4) unless an assurance is given by the requesting authority—

(a) that any evidence that may be supplied in response to the request will not, without the Minister’s prior consent, be used for any purpose other than that permitted by the relevant international instrument or specified in the request, and

(b) that the evidence will be returned when no longer required for the purpose so specified (or any other purpose for which such consent has been obtained), unless the Minister indicates that its return is not required.



(6) A member of the Garda Síochána shall not enter any place in furtherance of the request without the consent of the occupier or the entry being authorised by a warrant under this section.

(7) Unless the evidence sought is already in the possession of the Garda Síochána, a member of the Garda Síochána not below the rank of inspector shall, on production of a copy of the request and of any accompanying or related documents, apply to the judge of the District Court for the district where the place concerned is situated for a warrant under subsection (8).

(8) If, on the application, the judge is satisfied that this section applies to the request and it appears to him or her that there are reasonable grounds for believing that entry to any place is necessary for the purposes of complying with it, the judge may issue a warrant for the search of the place and any persons found there.

(9) The warrant shall be expressed and operate to authorise a named member of the Garda Síochána, accompanied by such other members or persons or both as the member thinks necessary—

(a) to enter the place named in the warrant at any time or times within one week of the date of its issue, on production, if so requested, of the warrant and, if necessary, by the use of reasonable force,
(b) to search it and any person found there,
(c) to access, examine, seize, take away and retain any material found there, or in the possession of a person present there at the time of the search—

(i) which the member reasonably believes to be evidence of, or relating to, the commission of the offence concerned or assets or proceeds deriving from criminal conduct in the designated state or their identity or where- abouts, or
(ii) whose retention is necessary to comply with the request,
(d) to make a copy of any document so seized and to take the copy away, and
(e) to take such other steps as appear to the member to be necessary for preserving any such material and preventing interference with it.

(10) Where material referred to in subsection (9) consists of or includes information in non-legible form, the warrant has effect as an order to produce the material, or to give access to it, in a form which is legible and in which it can be taken away.
(11) The warrant—
(a) does not confer any right to examine, seize, take away or retain documents which are subject to legal privilege or to have them produced or to be given access to them, and

(b) subject to paragraph (a) and subsection (14), has effect notwithstanding any other obligation as to secrecy or other restriction on the disclosure of infor- mation under any enactment or rule of law.
(12) A member acting under the warrant may—
(a) require any person present at the place where the search is being carried out to give his or her name and address to the member, and
(b) arrest without warrant any person who—
(i) obstructs or attempts to obstruct the member in carrying out his or her duties,
(ii) does not comply with a requirement under paragraph (a), or



(iii) gives a name or address which the member has reasonable cause for believing is false or misleading.

F54[(12A) Where the evidence sought is already in the possession of the Garda Síochána, or where material referred to in subsection (9) is obtained on foot of a warrant under this section, the Commissioner of the Garda Síochána shall arrange for the evidence to be transmitted, to the requesting authority—
(a) without delay,
(b) in accordance with the request, and
(c) in accordance with any directions that the Minister may give.]
F54[(12B) Any evidential material taken away by a member of the Garda Síochána under this section may be dealt with in accordance with the request.]
(13) A person who—
(a) obstructs or attempts to obstruct a member acting under the authority of a warrant under this section,
(b) does not comply with a requirement under subsection (12)(a), or
(c) gives a false or misleading name or address to a member,
is guilty of an offence and liable on summary conviction to a fine not exceeding
€2,500 or imprisonment for a term not exceeding 6 months or both.
(14) Where—
(a) material has been supplied to a Government department or other authority by or on behalf of the government of another state, and

(b) an undertaking was given that the material would be used only for a particular purpose or purposes,

an order under this section does not have the effect of requiring or permitting the production of, or the giving of access to, the material for any other purpose without the consent of that government.

(15) The power to issue a warrant under this section is without prejudice to any other power conferred by statute to issue a warrant for the search of any place or person.
(16) In this section—
“evidence” includes evidence of or relating to assets or proceeds deriving from criminal conduct in the designated state concerned or their identity or whereabouts;
“member state” includes the Swiss Confederation.



Search for partic- ular evidence for

75. — (1) Subject to subsections (2) and (3), this section applies to a request for assistance in obtaining specified evidential material or evidential material of a specified

use outside State. description for the purposes of criminal proceedings, or a criminal investigation, in



a designated state, where there is power under any enactment to issue a warrant for the search of a place in respect of an offence constituted by the conduct giving rise to the request.

(2) This section does not apply to such a request from a member state unless the act is punishable—

(a) under the law of the State and the member state by imprisonment for a maximum period of at least 6 months, or

(b) under the law of the State by such imprisonment and under the law of the member state by virtue of being an infringement of the rules of law which is being prosecuted by the administrative authorities and where the decision may give rise to proceedings before a court having jurisdiction in particular in criminal matters.

(3) This section does not apply to such a request from a designated state (other than a member state) unless the conduct giving rise to the request is punishable under both the law of the State and the law of that state.

(4) This section also applies to such a request from a member state which is made in connection with a request under Part 4 for the freezing of evidence in proceedings for an offence which may be punished in that state by imprisonment for a term of not less than 3 years.

(5) The Minister, if of opinion that this section applies to the request, may, subject to subsection (6), send the request and any accompanying and related documents to the Commissioner of the Garda Síochána to arrange for the request to be complied with.

(6) The Minister shall not proceed in accordance with subsection (5) unless an assurance is given by the requesting authority—

(a) that any material that may be furnished in response to the request will not, without his or her prior consent, be used for any purpose other than that permitted by the relevant international instrument or specified in the request, and

(b) that the material will be returned when no longer required for the purpose so specified (or any other purpose for which such consent has been obtained), unless he or she indicates that its return is not required.

(7) A member of the Garda Síochána shall not enter any place in furtherance of the request without the consent of the occupier or the entry being authorised by an order under this section.

(8) Unless the material sought is already in the custody of the Garda Síochána, a member of the Garda Síochána not below the rank of inspector shall, on production of a copy of the request and of any accompanying or related documents, apply to the judge of the District Court for the district where the evidential material is situated for an order under subsection (10).

F55[(8A) Where the material sought is already in the custody of the Garda Síochána or has been obtained on foot of an order under subsection (10), the Commissioner of the Garda Síochána shall arrange for the material to be transmitted to the requesting authority—
(a) without delay,
(b) in accordance with the request, and
(c) in accordance with any directions that the Minister may give.]



(9) If, on the application, the judge is satisfied that this section applies to the request and it appears to him or her that there are reasonable grounds for believing that the person named in the request possesses the evidential material, the judge may make an order under subsection (10).
(10) An order under this subsection—
(a) shall require any person who appears to the judge to be in possession of the evidential material—

(i) to produce it to a named member of the Garda Síochána so that he or she may take it away, or

(ii) to give the member access to it, either immediately or within a period specified in the order,

(b) may, if the order relates to evidential material at any place and on application by a member of the Garda Síochána, require any person who appears to the judge to be entitled to grant entry to the place to allow the member to enter it to obtain access to the material,

(c) shall authorise such a member, if the person who is so required to grant entry to the place does not do so—

(i) to enter the place, accompanied by such other members or persons or both as the member thinks necessary, on production if so requested of the order and, if necessary, by the use of reasonable force,
(ii) to search the place and any persons present there,
(iii) to access, examine, seize, take away and retain any evidential material which is found at the place or in the possession of a person so present and which the member reasonably believes to be the material concerned, and

(iv) to take such other steps as appear to the member to be necessary for preserving the evidential material and preventing interference with it.

(11) Where the evidential material consists of information contained in a computer, an order under this section has effect as an order to produce the material, or to give access to it, in a form which is legible and comprehensible or can be made so and in which it can be taken away.
(12) Such an order—
(a) in so far as it may empower a member of the Garda Síochána to take away a document or to be given access to it, authorises him or her to make a copy of it and to take the copy away,

(b) does not confer any right to production of, or access to, any evidential mate- rial subject to legal privilege, and

(c) subject to paragraph (b) and subsection (17), has effect notwithstanding any other obligation as to secrecy or other restriction on disclosure of information imposed by statute or otherwise.

(13) Any evidential material taken away by a member of the Garda Síochána under this section shall be dealt with in accordance with the request.

(14) A judge of the District Court may at a sitting of the Court vary or discharge an order under this section on the application of a member of the Garda Síochána or of any person to whom the order relates.
(15) A member searching a place under the authority of an order under subsection
(10) may—



(a) require any person present at the place where the search is being carried out to give his or her name and address to the member, and
(b) arrest without warrant any person who—
(i) obstructs or attempts to obstruct the member in carrying out his or her duties,
(ii) fails to comply with a requirement under paragraph (a), or
(iii) gives a name or address which the member has reasonable cause for believing is false or misleading.
(16) A person who—
(a) obstructs or attempts to obstruct a member of the Garda Síochána acting under the authority of an order under this section,
(b) fails to comply with a requirement in an order under this section, or
(c) gives a false or misleading name or address to a member,
is guilty of an offence and liable on summary conviction to a fine not exceeding
€2,500 or imprisonment for a term not exceeding 6 months or both.
(17) Where—
(a) material has been supplied to a Government department or other authority by or on behalf of the government of another state,

(b) an undertaking was given that the material would be used only for a particular purpose or purposes,

an order under this section does not have the effect of requiring or permitting the production of, or the giving of access to, the material for any other purpose without the consent of that government.
(18) This section is without prejudice to section 74.
(19) In this section—
“evidential material” includes any such material relating to assets or proceeds deriving from criminal conduct in the designated state concerned or their identity or where- abouts;
“member state” includes the Swiss Confederation.

Part 3 Exceptions to Rule Against Double Jeopardy

Chapter 3 Approval of District Court for exercise of certain powers relating to persons acquitted of relevant offences

Article 15

(3) A member of the Garda Síochána shall not, either with or without the consent of a person referred to in subsection (1), do any of the following in connection with the person’s suspected participation in a relevant offence in respect of which that person was acquitted, except in so far as it is authorised in accordance with the provisions of this Act:

(c) search the person or cause him or her to be searched;

Part 3 Exceptions to Rule Against Double Jeopardy

Chapter 3 Approval of District Court for exercise of certain powers relating to persons acquitted of relevant offences

Article 15

(3) A member of the Garda Síochána shall not, either with or without the consent of a person referred to in subsection (1), do any of the following in connection with the person’s suspected participation in a relevant offence in respect of which that person was acquitted, except in so far as it is authorised in accordance with the provisions of this Act:

h) search a place owned or occupied, or partly owned or occupied by the person

Part 3 Exceptions to Rule Against Double Jeopardy

Chapter 3 Approval of District Court for exercise of certain powers relating to persons acquitted of relevant offences

Article 18

(1) A place that is owned or occupied, or partly owned or occupied by a person in respect of whom section 15applies may be searched in connection with a relevant offence in respect of which he or she has been acquitted in accordance with, and only in accordance with, this section.

(2) A judge of the District Court who is satisfied—

(a) by information on oath by a member of the Garda Síochána not below the rank of superintendent that the member concerned has information regarding a relevant offence in respect of which the person was acquitted which has come to the knowledge of the Garda Síochána since the person’s acquittal,

(b) that there are reasonable grounds for suspecting that evidence of, or relating to, the matters referred to in paragraph (a) is to be found in a place owned or occupied or partly owned or occupied by the person concerned,

(c) that the information referred to in paragraph (a) is likely to reveal or confirm the existence of new and compelling evidence in relation to the person’s suspected participation in the relevant offence concerned,

may issue a warrant for the search of that place and any persons found at that place.

(3) A search warrant under this section shall be expressed, and shall operate, to authorise a named member, accompanied by such other members or persons or both as the member thinks necessary—

(a) to enter, at any time or times within one week of the date of issue of the warrant, on production if so requested of the warrant, and if necessary by the use of reasonable force, the place named in the warrant,

(b) to search it and any persons found at that place, and

(c) to seize anything found at that place, or anything found in the possession of a person present at that place at the time of the search, that the member reasonably believes to be evidence of, or relating to, the commission of the relevant offence.

(4) A member acting under the authority of a search warrant under this section may—

(a) require any person present at the place where the search is being carried out to give to the member his or her name and address,

(b) arrest without warrant any person who—

(i) obstructs or attempts to obstruct the member in the carrying out of his or her duties,
(ii) fails to comply with a requirement under paragraph (a), or
(iii) gives a name or address which the member has reasonable cause for believing is false or misleading.

(5) A person who obstructs or attempts to obstruct a member acting under the authority of a search warrant under this section, who fails to comply with a require- ment under subsection (4)(a), or who gives a false or misleading name or address to a member shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.

(6) Proceedings under this section shall be heard otherwise than in public.

(7) This section shall not apply to a relevant offence in respect of which a person was the subject of a special verdict under section 5 of the Criminal Law (Insanity) Act 2006.

(8) Nothing in this section shall affect the operation of section 7 of the Criminal Justice Act 2006.