Criminal Justice (Joint Investigation Teams) Act 2004

1. Interpretation.

1.—(1) In this Act, unless the context otherwise requires—

“Act of 1994” means Criminal Justice Act 1994;

“another Member State” means a Member State other than the State;

“the Commissioner” means the Commissioner of the Garda Síochána;

“competent authority” shall be construed in accordance with section 2;

“the Council Framework Decision” means the Framework Decision of 13 June 2002 of the Council of the European Union on joint investigation teams^1, the text of which is for convenience of reference set out—

(a) in Part 1 of the Schedule to this Act, in the case of the Irish language text, and

(b) in Part 2 of that Schedule, in the case of the English language text;

F1["EPPO" means the European Public Prosecutor’s Office established under Article 3 of Council Regulation (EU) 2017/1939 of 12 October 2017^5implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office, as amended by Commission Delegated Regulation (EU) 2020/2153 of 14 October 2020^6;]

“European Communities” has the meaning it has in the European Communities Act 1972;

“joint investigation team” means a joint investigation team established under section 3 or 4;

“member”, in relation to a joint investigation team or a part of such a team, means a person who is assigned or appointed under section 6 to be a member of the team;

“Member State” means Member State of the European Communities;

“Minister” means Minister for Justice, Equality and Law Reform;

“participants” has the meaning assigned to it by section 9;

“seconded member”, in relation to a joint investigation team or a part of such a team, means—

(a) if and when the team or the part is operating in the State, a member of the team or the part aforesaid appointed by the competent authority of another Member State that established the team, and

(b) if and when the team or the part is operating in another Member State, a member of the team or the part aforesaid assigned or appointed under section 6;

“team leader”, in relation to a joint investigation team or a part of such a team, means—

(a) if and when the team or the part is operating in the State, the member of the team or the part aforesaid designated by the Commissioner under section 7(1)(d) to be the team leader, and

(b) if and when the team or the part is operating in another Member State, the member of the team or the part aforesaid designated by the competent authority of that Member State to be the team leader.

F1[(1A) This Act shall apply and has effect, subject to the following and any other necessary modifications—

(a) as if a reference to a competent authority included a reference to EPPO, and

(b) as if a reference to another Member State or other such States included a reference to a relevant EPPO member state (within the meaning of the Criminal Justice (Mutual Assistance) Act 2008).]

(2) In this Act—

(a) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended, and

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any other enactment including this Act.

2. Competent authorities.

2.—(1) Subject to subsection (2), the competent authority of the State for the purposes of the Council Framework Decision and this Act (in this Act referred to as “the Competent Authority”) is the Commissioner.

(2) F2[…]

(3) In this Act “competent authority”, in relation to another Member State, means the authority designated by that Member State to be the competent authority of that Member State for the purposes of the Council Framework Decision.

3. Request to other Member State or States to establish joint investigation team.

3.—(1) Where the Competent Authority is satisfied that—

(a) either—

(i) an offence has been committed, or there are reasonable grounds for suspecting that an offence has been committed, in the State and the investigation of the offence or suspected offence has links with another Member State or States, or

(ii) conduct which would constitute an offence if it occurred in the State has occurred, or there are reasonable grounds for suspecting that such conduct has occurred, partly in the State and partly in another Member State or States,

and

(b) there are reasonable grounds for believing that it is in the public interest, having regard to the benefit likely to accrue to the investigation of the offence or suspected offence concerned or into the conduct concerned, to establish a joint investigation team with that other Member State or those other Member States because—

(i) part of the investigation is being, or it is anticipated that it will be, conducted in that other Member State or those other Member States, or

(ii) the investigation requires coordinated and concerted action by the Member States (including the State) concerned,

the Competent Authority may request the competent authority or authorities of that other Member State or those other Member States to establish a joint investigation team to investigate the offence, suspected offence or conduct concerned.

(2) A request under subsection (1) shall specify the following:

(a) the competent authority making the request,

(b) the purpose of the request,

(c) the conduct to be investigated,

(d) the identity and nationality (if known) of the person or persons whose conduct is to be investigated,

(e) proposals in respect of the membership of a joint investigation team, and

(f) the period for which a joint investigation team is required.

(3) The Competent Authority shall furnish to the other competent authority or authorities concerned such other information (if any) as is specified to the Competent Authority and is reasonably required by that authority or those authorities to decide whether or not to agree to establish a joint investigation team.

(4) Where any of the competent authorities concerned accedes to a request under subsection (1), the Competent Authority may, subject to this Act, agree with that authority and any other competent authority concerned to establish a joint investigation team to investigate the offence, suspected offence or conduct concerned.

(5) The Competent Authority and the competent authority or authorities concerned may, pursuant to an agreement under subsection (4), establish a joint investigation team.

4. Request from other Member State or States to establish joint investigation team.

4.—(1) Where the Competent Authority receives a request specifying the matters mentioned in section 3(2) from one or more competent authorities of other Member States to establish a joint investigation team, the Competent Authority shall consider the request.

(2) The Competent Authority may seek from the competent authority or authorities concerned such other information (if any) as is specified to that authority or those authorities and is reasonably required by the Competent Authority to decide whether or not to agree to establish a joint investigation team.

(3) The Competent Authority may, subject to this Act, agree with the competent authority or authorities concerned to establish a joint investigation team to investigate certain conduct if the Competent Authority is satisfied that—

(a) either—

(i) the conduct which would constitute an offence if it occurred in the State has occurred, or there are reasonable grounds for suspecting that such conduct has occurred, partly in the State and partly in another Member State or States, or

(ii) the conduct which would constitute an offence if it occurred in the State has occurred, or there are reasonable grounds for suspecting that such conduct has occurred, in another Member State or States and the investigation of it has links with the State,

and

(b) there are reasonable grounds for believing that it is in the public interest, having regard to the benefit likely to accrue to the investigation into the conduct concerned, to agree to the establishment of a joint investigation team with the other Member State or States concerned because—

(i) part of the investigation is being, or it is anticipated that it will be, conducted in the State, or

(ii) the investigation requires coordinated and concerted action by the Member States (including the State) concerned.

(4) The Competent Authority and the competent authority or authorities concerned may, pursuant to an agreement under subsection (3), establish a joint investigation team.

5. Provisions relating to joint investigation teams.

5.—(1) A joint investigation team shall be established for specific purposes and a limited period which may be extended, if the circumstances so require, for such period or periods as may be agreed by the Competent Authority and the other competent authority or authorities concerned.

(2) Subject to subsection (1), a joint investigation team may operate in the State or in the other Member State or States concerned for so long as it is necessary to do so for the purpose of conducting the investigation concerned, and parts of it may operate in more than one of those Member States at the same time.

(3) Subject to this Act, the Competent Authority may, at any time after a joint investigation team has been established, agree with the competent authority or authorities concerned to amend the agreement establishing the team.

(4) The State may join a joint investigation team that has been established by Member States other than the State on such terms and conditions as the Competent Authority may, subject to this Act, agree with the competent authorities of those Member States if the Competent Authority is satisfied that—

(a) the conduct being investigated by the team is either—

(i) conduct which would constitute an offence if it occurred in the State and it has occurred, or there are reasonable grounds for suspecting that such conduct has occurred, partly in the State and partly in another Member State or States, or

(ii) conduct which would constitute an offence if it occurred in the State and it has occurred, or there are reasonable grounds for suspecting that such conduct has occurred, in another Member State or States and the investigation of it has links with the State,

and

(b) there are reasonable grounds for believing that it is in the public interest, having regard to the benefit likely to accrue to the investigation into the conduct concerned, to agree to the State joining the team because—

(i) part of the investigation is being, or it is anticipated that it will be, conducted in the State, or

(ii) the investigation requires coordinated and concerted action by the Member States (including the State) concerned.

(5) Where a joint investigation team has been established by more than one Member State including the State, another Member State may join the team on such terms and conditions as its competent authority may agree with the Competent Authority and the competent authority or authorities of the other Member State or States concerned.

(6) In relation to an agreement referred to in subsection (4) or (5) —

(a) a reference in this Act to the Member States that established a joint investigation team shall be construed as including a reference to the State or, as the case may be, to the Member State that joined the team under subsection (5), and

(b) a reference in this Act to the competent authority or authorities of the Member State or States that established a joint investigation team shall be construed as including a reference to the Competent Authority or, as the case may be, the competent authority of the Member State that joined the team under subsection (5),

(7) Notwithstanding subsection (1), the Competent Authority may agree with the other competent authority or authorities concerned to terminate a joint investigation team when—

(a) the purposes for which the team was established have been achieved, or

(b) no further benefit is likely to accrue from the continued operation of the team.

6. Membership and terms and conditions of membership of joint investigation teams.

6.—(1) The Commissioner may assign such and so many members of the Garda Síochána as he or she considers appropriate to be members of a joint investigation team.

(2) The Minister may, after consultation with the Commissioner, the Minister for Finance and such other Ministers of the Government (if any) as the Minister considers appropriate and, in relation to officers of the Revenue Commissioners, with the Revenue Commissioners, appoint any of the following to be members of a joint investigation team:

(a) one or more officers of customs and excise,

(b) one or more other officers of the Revenue Commissioners or officers of the Minister or of any other Minister of the Government, or

(c) one or more other persons who, in the opinion of the Minister, have experience or expertise relevant to the investigation concerned.

(3) Members of a joint investigation team assigned under subsection (1), or appointed under paragraph (a) or (b) of subsection (2), shall—

(a) subject to subsection (4), be paid such remuneration, and allowances for expenses (if any) incurred by them, as they would have been paid if they continued to be members of the Garda Síochána, officers of customs and excise or other officers of the Revenue Commissioners, officers of the Minister or of any other Minister of the Government, as the case may be, and such remuneration and allowances for expenses (if any) shall continue to be paid to them in the same manner as if they had not been so assigned or appointed, and

(b) subject to this Act, continue to be subject to the same terms and conditions of employment as they were subject to immediately before they were so assigned or appointed.

(4) Members of a joint investigation team assigned under subsection (1), or appointed under paragraph (a) or (b) of subsection (2), who were paid certain allowances in respect of particular duties performed by them as members of the Garda Síochána, officers of customs and excise or other officers of the Revenue Commissioners, officers of the Minister or of any other Minister of the Government, as the case may be, before they were so assigned or appointed shall be paid those allowances during their membership of the team only if those duties are performed by them as members of the team.

(5) Members of a joint investigation team appointed under subsection (2)(c) shall—

(a) be paid such remuneration (if any), and allowances for expenses (if any) incurred by them, as the Minister may, with the consent of the Minister for Finance, determine, and

(b) subject to this Act, be subject to such other terms and conditions as the Minister may determine.

(6) (a) The Commissioner may remove a member of a joint investigation team assigned under subsection (1) from such membership.

(b) The Minister may, if so requested by the Commissioner, remove a member of a joint investigation team appointed under subsection (2) from such membership.

(7) Members of the Garda Síochána or officers of customs and excise who are members of a joint investigation team shall continue to be vested with and may exercise or perform the powers and duties of members of the Garda Síochána or officers of customs and excise, as the case may be—

(a) for the purposes of their functions as members, and, if it is so provided in the agreement to establish the team, for the purposes of their functions as seconded members, of the team, and

(b) notwithstanding their membership of the team, for purposes other than the purposes of this Act.

7. Operation of joint investigation teams.

7.—(1) While a joint investigation team or a part of such a team is operating in the State—

(a) it or the part aforesaid shall perform its functions in accordance with the law of the State,

(b) it or the part aforesaid shall operate under the control and general superintendence of the Commissioner,

(c) the Commissioner shall make the necessary organisational arrangements for it or the part aforesaid to operate in the State, and

(d) the Commissioner shall designate a member of it or the part aforesaid to be the team leader.

(2) (a) The team leader of a joint investigation team or a part of such a team operating in the State shall, subject to this Act and the agreement to establish the team, manage its operations or the operations of the part aforesaid, as the case may be.

(b) The members (other than the team leader), and seconded members, of a joint investigation team or a part of such a team operating in the State shall perform their functions as such members or seconded members, as the case may be, under the direction and control of the team leader.

(3) Subject to this Act, a seconded member of a joint investigation team or a part of such a team operating in the State shall while the team or the part aforesaid is so operating be subject to the law of the State in the same manner as if he or she were a member of the team appointed under section 6(2)(b).

(4) A member of a joint investigation team appointed under paragraph (b) or (c) of section 6(2), or a seconded member, of a joint investigation team or a part of such a team operating in the State may not take investigative measures.

(5) A member of a joint investigation team appointed under section 6(2), or a seconded member, of a joint investigation team or a part of such a team operating in the State may, if permitted by law, be present when investigative measures are being taken unless the team leader decides that the member or seconded member or either of them should not be so present for any reason including the following:

(a) for operational reasons, or

(b) by reason of the nature of the offence, it is not appropriate for the member or seconded member to be so present.