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.