Criminal justice (surveillance) act 2009

• Act Number: 19
• Enactment Date: 12 July 2009

Number 19 of 2009
CRIMINAL JUSTICE (SURVEILLANCE) ACT 2009
ARRANGEMENT OF SECTIONS
Section
1. Interpretation.
2. Application of Act.
3. Surveillance.
4. Application for authorisation.
5. Authorisation.
6. Variation or renewal of authorisation.
7. Approval for surveillance in cases of urgency.
8. Tracking devices.
9. Retention of materials relating to applications and reports.
10. Restriction of disclosure of existence of authorisations and other documents.
11. Complaints procedure.
12. Review of operation of this Act by designated judge.
13. Confidentiality of information.
14. Admissibility of evidence.
15. Disclosure of information.
16. Regulations.
17. Amendment of Garda Síochána Act 2005.
18. Amendment of Courts (Supplemental Provisions) Act 1961.
19. Short title.
Acts Referred to
Courts (Supplemental Provisions) Act 1961 1961, No. 39 Criminal Justice Act 1984 1984, No. 22 Criminal Justice Act 2006 2006, No. 26 Criminal Justice (Terrorist Offences) Act 2005 2005, No. 2 Criminal Law Act 1997 1997, No. 14 Customs Consolidation Act 1876 39 & 40, Vict. Ch. 36 Defence (Amendment) Act 1979 1979, No. 1 Defence (Amendment) Act 1990 1990, No. 6 Defence Act 1954 1954, No. 18 Finance Act 1999 1999, No. 2 Finance Act 2001 2001, No. 7 Finance Act 2003 2003, No. 3 Finance Act 2005 2005, No. 5 Garda Síochána Act 2005 2005, No. 20 Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 1993, No. 10 Postal and Telecommunications Services Act 1983 1983, No. 24 Taxes Consolidation Act 1997 1997, No. 39
Number 19 of 2009
CRIMINAL JUSTICE (SURVEILLANCE) ACT 2009
AN ACT TO PROVIDE FOR SURVEILLANCE IN CONNECTION WITH THE INVESTIGATION OF ARRESTABLE OFFENCES, THE PREVENTION OF SUSPECTED ARRESTABLE OFFENCES AND THE SAFEGUARDING OF THE STATE AGAINST SUBVERSIVE AND TERRORIST THREATS, TO AMEND THE GARDA SÍOCHÁNA ACT 2005 AND THE COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961 AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.
[12th July, 2009]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.— In this Act—
	“Act of 1993” means the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 ;
	“arrestable offence” has the meaning it has in section 2 (as amended by section 8 of the Criminal Justice Act 2006 ) of the Criminal Law Act 1997 ;
	“authorisation” means an authorisation for the carrying out of surveillance issued under section 5 or varied or renewed under section 6 ;
	“ document ” includes—
	(a) any book, record or other written or printed material in any form, and
	(b) any recording, including any data or information stored, maintained or preserved electronically or otherwise than in legible form;
	“ judge ” means a judge of the District Court;
	“ member of the Defence Forces ” means a member of the Defence Forces within the meaning of section 1 of the Defence (Amendment) Act 1990 , other than a member of the Reserve Defence Force within the meaning of the Defence Act 1954 ;
	“ member of the Garda Síochána ” means a member of the Garda Síochána within the meaning of section 3 of the Garda Síochána Act 2005 , other than a person referred to in paragraph (b) of that definition;
	“Minister” means the Minister for Justice, Equality and Law Reform;
	“ place ” includes—
	(a) a dwelling or other building,
	(b) a vehicle, whether mechanically propelled or not,
	(c) a vessel, whether sea-going or not,
	(d) an aircraft, whether capable of operation or not, and
	(e) a hovercraft;
	“ relevant Minister ” means—
	(a) the Minister, in relation to approvals granted by a superior officer of, and documents and information in the custody of, the Garda Síochána,
	(b) the Minister for Defence, in relation to approvals granted by a superior officer of, and documents and information in the custody of, the Defence Forces, and
	(c) the Minister for Finance, in relation to approvals granted by a superior officer of, and documents and information in the custody of, the Revenue Commissioners;
	“ revenue offence ” means an offence under any of the following provisions that is an arrestable offence:
	(a) section 186 of the Customs Consolidation Act 1876;
	(b) section 1078 of the Taxes Consolidation Act 1997 ;
	(c) section 102 of the Finance Act 1999 ;
	(d) section 119 of the Finance Act 2001 ;
	(e) section 79 (inserted by section 62 of the Finance Act 2005 ) of the Finance Act 2003 ;
	(f) section 78 of the Finance Act 2005 ;
	“ superior officer ” means—
	(a) in the case of the Garda Síochána, a member of the Garda Síochána not below the rank of superintendent;
	(b) in the case of the Defence Forces, a member of the Defence Forces not below the rank of colonel; and
	(c) in the case of the Revenue Commissioners, an officer of the Revenue Commissioners not below the rank of principal officer;
	“ surveillance ” means—
	(a) monitoring, observing, listening to or making a recording of a particular person or group of persons or their movements, activities and communications, or
	(b) monitoring or making a recording of places or things,
	by or with the assistance of surveillance devices;
	“ surveillance device ” means an apparatus designed or adapted for use in surveillance, but does not include—
	(a) an apparatus designed to enhance visual acuity or night vision, to the extent to which it is not used to make a recording of any person who, or any place or thing that, is being monitored or observed,
	(b) a CCTV within the meaning of section 38 of the Garda Síochána Act 2005 , or
	(c) a camera, to the extent to which it is used to take photographs of any person who, or any thing that, is in a place to which the public have access;
	“ tracking device ” means a surveillance device that is used only for the purpose of providing information regarding the location of a person, vehicle or thing;
	“ written record of approval ” means a written record of approval prepared by a superior officer under section 7 (6) or 8 (6).
	Application of Act.	2.— (1) This Act applies to surveillance carried out by members of the Garda Síochána, members of the Defence Forces and officers of the Revenue Commissioners.
	(2) Nothing in this Act shall render unlawful any activity that would otherwise be lawful.
	(3) An authorisation or approval under this Act may not be issued or granted in respect of an activity that would constitute an interception within the meaning of the Act of 1993.
	(4) For the avoidance of doubt, it is hereby declared that this Act does not apply to the following:
	(a) the use of a closed circuit television system in a Garda Síochána station;
	(b) the recording by electronic or other similar means under section 27 of the Criminal Justice Act 1984 of the questioning of a person by members of the Garda Síochána at Garda Síochána stations or elsewhere in connection with the investigation of offences;
	(c) the recording by electronic or other similar means of any evidence given, or statement made, by a person for the purposes of any court proceedings.
	Surveillance.	3.— A member of the Garda Síochána, a member of the Defence Forces or an officer of the Revenue Commissioners shall carry out surveillance only in accordance with a valid authorisation or an approval granted in accordance with section 7 or 8 .
	Application for authorisation.	4.— (1) A superior officer of the Garda Síochána may apply to a judge for an authorisation where he or she has reasonable grounds for believing that—
	(a) as part of an operation or investigation being conducted by the Garda Síochána concerning an arrestable offence, the surveillance being sought to be authorised is necessary for the purposes of obtaining information as to whether the offence has been committed or as to the circumstances relating to the commission of the offence, or obtaining evidence for the purposes of proceedings in relation to the offence,
	(b) the surveillance being sought to be authorised is necessary for the purpose of preventing the commission of arrestable offences, or
	(c) the surveillance being sought to be authorised is necessary for the purpose of maintaining the security of the State.
	(2) A superior officer of the Defence Forces may apply to a judge for an authorisation where he or she has reasonable grounds for believing that the surveillance being sought to be authorised is necessary for the purpose of maintaining the security of the State.
	(3) A superior officer of the Revenue Commissioners may apply to a judge for an authorisation where he or she has reasonable grounds for believing that—
	(a) as part of an operation or investigation being conducted by the Revenue Commissioners concerning a revenue offence, the surveillance being sought to be authorised is necessary for the purpose of obtaining information as to whether the offence has been committed or as to the circumstances relating to the commission of the offence, or obtaining evidence for the purpose of proceedings in relation to the offence, or
	(b) the surveillance being sought to be authorised is necessary for the purpose of preventing the commission of revenue offences.
	(4) In a case in which surveillance carried out under section 7 is sought under subsection (10) of that section to be continued by application under this section, the information on oath supporting the application shall include a copy of the written record of approval concerned, a summary of the results of the surveillance carried out and the reasons why continued surveillance is required.
	(5)...