Criminal Justice (Mutual Assistance) Act 2008

• (b) a record of the evidence kept by the appropriate authority and certified by it or on its behalf,

is admissible, without further proof, as evidence of the matters stated in it.

• (9) In this section, “appropriate authority” means the authority in the designated state concerned appearing to the Director of Public Prosecutions to possess the identification evidence requested or to have the function of obtaining or arranging to obtain it.

78. Identification evidence for use outside State.

78. —F84[(1)]A request for obtaining identification evidence for use in a designated state shall include—

• (a) a statement that the evidence is required in connection with criminal proceedings, or a criminal investigation, in that state, F85[…]

• F86[(b) a brief description of the conduct constituting the offence,]

• F87[(c) a statement of the purpose for which the evidence is sought,

• (d) a statement confirming that any evidence that may be furnished in response to the request will not, without the consent of the Minister, be used for any purpose other than that specified in the request, F88[…]

• (e) in the case of a request pursuant to Article 7 of the 2008 Council Decision, or that Article insofar as it is applied by Article 1 of the 2009 Agreement with Iceland and Norway, for the DNA profile of a person who is suspected of having committed the offence concerned whose DNA profile is not in the possession of the Garda Síochána—

• (i) an investigation warrant in respect of the person, or

• (ii) a statement issued by the competent authority in the member state concerned in connection with a criminal investigation in that member state confirming that the requirements for the taking of a DNA sample from the person under the law of that member state would be complied with if the person were in F89[that member state, and]

• F90[(f) in the case of a request pursuant to Article 532 of the Trade and Cooperation Agreement for the DNA profile of a person who is suspected of having committed the offence concerned whose DNA profile is not in the possession of the Garda Síochána—

• (i) an investigation warrant in respect of the person, or

• (ii) a statement issued by the competent authority in the United Kingdom in connection with a criminal investigation in the United Kingdom confirming that the requirements for the taking of a DNA sample from the person under the law of the United Kingdom would be complied with if the person were in the United Kingdom.]

• (2) In this section—

F89["competent authority"—

• (a) in relation to a member state, means the authority in the member state that is competent to issue an investigation warrant or statement for the purposes of Article 7 of the 2008 Council Decision or that Article, insofar as it is applied by Article 1 of the 2009 Agreement with Iceland and Norway, and

• (b) in relation to the United Kingdom, means the authority in the United Kingdom that is competent to issue an investigation warrant or statement for the purposes of Article 532 of the Trade and Cooperation Agreement;]

"investigation warrant" means a warrant or order issued by the competent authority in a F89[member state or the United Kingdom] requiring a person to have identification evidence, other than fingerprints, palm prints or photographs, taken from him or her for the purposes of a criminal investigation, or criminal proceedings, in that F89[member state or the United Kingdom].]

79. Action on request.

79.— (1) The Minister may send the request to the Commissioner of the Garda Síochána for the necessary action if satisfied—

• (a) that it complies with section 78,

• F91[(b) that the purpose for which the evidence is sought specified in the request, or any other purpose for which the consent of the Minister is sought, is one in respect of which the evidence could be obtained in the State if the criminal proceedings for, or the criminal investigation of, the offence concerned in the designated state concerned were being conducted in the State, and

• (c) that the evidence—

• (i) will be returned by the requesting authority—

• (I) when no longer required for the purpose specified in the request (or any other purpose for which the consent of the Minister has been obtained), unless the Minister indicates otherwise, or

• (II) when requested by the Minister for the purposes of destroying the evidence—

• (A) to comply with a request to do so by or on behalf of the person to whom the identification evidence relates, or

• (B) in accordance with section 4 of the Criminal Justice (Forensic Evidence) Act 1990, Part 10 of the Act of 2014 or any statutory provision providing for the destruction of fingerprints, palm prints or photographs of persons, as may be appropriate,

or

• (ii) will be dealt with in accordance with subsections (10) and (11).]

• (2) If or in so far as F91[the identification evidence requested is not in the possession of the Garda Síochána and subject to section 79A, the Commissioner shall instruct] a member of the Garda Síochána (a “member”) to inform the person who is to provide the evidence—

• (a) of the nature of the evidence,

• (b) that it has been requested in connection with criminal proceedings, or a criminal investigation, in the designated state concerned,

• (c) that he or she is not obliged to provide the evidence, F92[…]

• F91[(d) that, if he or she does consent to provide it, it may be given in evidence in any proceedings in that state, and]

• F93[(e) that the evidence may be destroyed in accordance with this section.]

• (3) F91[Subject to subsections (11H) to (11Q), if the person consents to provide the evidence], the member may take the evidence, or cause it to be taken, in compliance with the request and any requirements specified in the request in relation to its taking.

• (4) If a person who is to provide the identification evidence is in a prison—

• (a) evidence may be taken under this section only if it relates to an offence other than that for which the person is in custody, and

• (b) any evidence provided may be taken at the prison or at another place.

• (5) A bodily sample consisting of blood, pubic hair or a swab from a body orifice (other than the mouth) or a genital region may be taken under this section only by a doctor or nurse, and a dental impression may be so taken only by a dentist or doctor.

• (6) If required by the requesting authority, the Commissioner may arrange for a forensic test to be performed on a swab from a body orifice or a genital region.

• (7) Where a sample of hair other than pubic hair is taken in accordance with this section—

• (a) the sample may be taken by plucking hairs with their roots and, in so far as it is reasonably practicable, the hairs shall be plucked singly, and

• (b) no more hairs shall be plucked than the person taking the sample reasonably considers to be necessary to constitute a sufficient sample for the purpose of forensic testing.

• (8) The following particulars shall be recorded by the member who takes identification evidence:

• (a) the place, time and date at which it was taken;

• (b) the result of any forensic test on the evidence;

• (c) any other relevant particulars, including any specified by the requesting authority,

and the record shall F93[,if appropriate,] include a copy of the consent to the taking of the evidence.

• (9) The Commissioner shall send to the Central Authority any identification evidence—

• (a) in the possession of the Garda Síochána, or

• (b) F91[taken under subsection (3) or section 79A], together with a copy of the record made under subsection (8),

for transmission to the requesting authority.

• F93[(9A) When transmitting the identification evidence to the requesting authority, the Minister may specify conditions regarding the use of the evidence.

• (9B) Subject to subsections (10) and (11) —

• (a) any identification evidence taken under subsection (3) or section 79A that is transmitted to the requesting authority and returned by that authority when no longer required for the purpose specified in the request (or any other purpose for which the consent of the Minister had been obtained) shall be destroyed as soon as practicable after its return, and

• (b) a DNA sample that is taken from a person under section 79A, and the DNA profile of the person generated from the sample, shall be destroyed when the Central Authority receives confirmation from the requesting authority that it has received the DNA profile of the person generated from the sample.

• (9C) The provisions of subsections (7), (8), (9) and (11) of section 3, and section 97, of the Act of 2014 insofar as they apply to the destruction of samples and DNA profiles of persons under that Act shall apply, with any necessary modifications, in relation to the destruction of identification evidence, other than fingerprints, palm prints or photographs of persons, under subsection (9B).

• (9D) The provisions of section 8H of the Criminal Justice Act 1984 insofar as they apply to the destruction of fingerprints, palm prints or photographs of persons shall apply, with any necessary modifications, in relation to the destruction of fingerprints, palm prints or photographs of persons under subsection (9B).]

• F91[(10) When transmitting the identification evidence to the requesting authority the Central Authority shall, if subsection (1) (c) (i) does not apply and subject to subsection (11), obtain an assurance that the evidence, as well as the record of any analysis of the evidence, or any other record relating to it, that may be made in the requesting state, will be destroyed when no longer required for the purpose specified in the request concerned (or any other purpose for which the consent of the Minister is obtained) and, in any event, not later than the expiration of the period of 3 months from the date on which any of the following circumstances first apply to the person the subject of that request:

• (a) proceedings for an offence are not instituted against that person within the period of 12 months from the taking of the identification evidence concerned from him or her and the failure to institute such proceedings within that period is not due to the fact that he or she has absconded or cannot be found;

• (b) proceedings for an offence have been instituted against that person and he or she is acquitted or the charge against him or her is dismissed or the proceedings are discontinued;

• (c) that person—

• (i) in proceedings for an offence, is the subject of an order corresponding to or in the nature of a probation order under section 1(1) or (2) of the Probation of Offenders Act 1907, other than an order corresponding to or in the nature of an order under the said section 1(2) that is discharged on the appeal of that person against conviction for the offence if on appeal his or her conviction is affirmed, and

• (ii) has not been convicted of an offence during the period of 3 years from the making of an order referred to in subparagraph (i);

• (d) that person is convicted of an offence and the conviction is quashed; or

• (e) that person is convicted of an offence and the conviction is declared to be a miscarriage of justice under the law of that state corresponding to section 2 of the Criminal Procedure Act 1993.

• (11) The Minister may, at the request of the requesting authority and having consulted the Commissioner, direct that the retention period in respect of identification evidence transmitted to the requesting authority be extended in accordance with an order made under subsection (11A).]

• F93[(11A) If a judge of the District Court is satisfied, on an application in that behalf by the Commissioner, that there is good reason why identification evidence transmitted pursuant to a request should not be destroyed by the requesting authority in accordance with subsection (10), or a request to do so under subsection (11R), the judge may make an order authorising the retention of the identification evidence for such purpose permitted by this section for such period as he or she considers appropriate.

• (11B) If the Commissioner intends to make an application under subsection (11A), he or she shall inform by notice in writing the person from whom the identification evidence concerned was taken, and any person who gave consent to the taking of that identification evidence from that person, of that intention.

• (11C) If, on an application under subsection (11A), the person from whom the identification evidence was taken, or any other person who gave consent to the taking of that identification evidence from that person, applies to be heard by the judge of the District Court, an order shall not be made under that subsection unless a reasonable opportunity has been given to that person to be heard.

• (11D) An application under subsection (11A) shall be made to a judge of the District Court who is assigned to the district court district in which the person from whom the identification evidence concerned was taken resides.

• (11E) An application under subsection (11A) shall be heard otherwise than in public.

• (11F) In determining an application under subsection (11A), a judge of the District Court may make such order as to costs as the judge considers appropriate.

• (11G) A notice under subsection (11B) may be sent or given to a person in one of the following ways:

• (a) by delivering it to the person or his or her solicitor;

• (b) by addressing it to the person and leaving it at the address at which he or she ordinarily resides or, in a case in which an address for service has been furnished, at that address or by addressing it to his or her solicitor and leaving it at the solicitor’s office;

• (c) by sending it to the person by post in a prepaid registered letter to the address at which he or she ordinarily resides or, in a case in which an address for service has been furnished, to that address or to his or her solicitor at the solicitor’s office.

• (11H) Subject to subsection (11I), in this section "consent" means—

• (a) subject to paragraph (b), in the case of a person who has attained the age of 18 years, the consent in writing of the person,

• (b) in the case of a protected person—

• (i) the consent in writing of a parent or guardian of the person, or

• (ii) an order of the District Court under section 79B authorising the taking of the identification evidence concerned from the person,

• (c) in the case of a child (other than a protected person)—

• (i) who has attained the age of 14 years, the consent in writing of the child and either—

• (I) the consent in writing of a parent or guardian of the child, or

• (II) an order of the District Court under section 79B authorising the taking of the identification evidence concerned from the child,

• (ii) who has not attained the age of 14 years, either—

• (I) the consent in writing of a parent or guardian of the child, or

• (II) an order of the District Court under section 79B authorising the taking of the identification evidence concerned from the child.

• (11I) Where, in relation to the criminal proceedings for, or the criminal investigation of, the offence concerned in the designated state concerned, identification evidence is to be taken from a protected person or a child, the consent in writing of a parent or guardian of the protected person or child shall not be sought from a parent or guardian of the protected person or child, as the case may be, if—

• (a) he or she is the victim of that offence in circumstances in which the protected person or child, as the case may be, is suspected of having committed that offence,

• (b) he or she has been arrested in respect of that offence,

• (c) a member not below the rank of inspector has reasonable grounds for suspecting him or her of complicity in that offence, or

• (d) a member not below the rank of inspector has reasonable grounds for believing that he or she is likely to obstruct the course of justice.

• (11J) Subsection (11I) shall not prevent a parent or guardian of a protected person or a child who does not fall under paragraph (a), (b), (c) or (d) of that subsection from giving the consent required.

• (11K) Before a member seeks the consent in writing of a parent or guardian of a protected person to the taking of identification evidence from the person, the member shall inform the parent or guardian of the matters referred to in subsection (2) in relation to the person.

• (11L) Before a member seeks the consent in writing of a parent or guardian of a child to the taking of identification evidence from the child, the member shall inform the parent or guardian of the matters referred to in subsection (2) in relation to the child.

• (11M) If a person withdraws a consent he or she had given to the taking of identification evidence under this section (or if the withdrawal of that consent can reasonably be inferred from the conduct of the person) before or during the taking of the identification evidence, that withdrawal of consent shall be treated as a refusal to give consent to the taking of that identification evidence.

• (11N) A withdrawal of consent under subsection (11M) shall be recorded in writing by a member as soon as practicable after such withdrawal.

• (11O) Subject to subsections (11R) and (11S), the consent of a person to the taking of identification evidence under this section may not be withdrawn after the identification evidence has been taken.

• (11P) In this section references to a person giving his or her consent in writing to the taking of identification evidence under this section (whether from the person himself or herself or another person) shall include references to—

• (a) the person signing a document, or

• (b) in case the person is unable to write, the person making his or her mark on a document,

to indicate his or her consent.

• (11Q) The identification evidence concerned shall, if it is reasonably practicable to do so, be taken from a protected person or a child in the presence of the person who gave consent under this section for the taking of that identification evidence from the protected person or child, as the case may be, unless the protected person or child indicates that he or she does not wish to have that person present.

• (11R) If the identification evidence taken under this section and transmitted pursuant to a request relates to a person who was not, at the time the evidence was taken, suspected of having committed the offence concerned in the designated state concerned, the person, or another person who gave consent to the taking of the identification evidence from the person, may by notice in writing sent or given to the Commissioner request the destruction of the evidence.

• (11S) The Commissioner shall, following the receipt of a notice under subsection (11R), inform the Minister of it and the Minister shall, subject to an order made under subsection (11A), request the requesting authority to which the identification evidence concerned was transmitted to destroy the evidence as soon as practicable and, in any event, to do so not more than 4 months after the receipt by the Commissioner of the notice under subsection (11R).

• (11T) In this section and in section 79A a reference to identification evidence in the possession of the Garda Síochána shall include a reference to identification evidence in the possession of Forensic Science Ireland of the Department of Justice and Equality.]

• F91[(12) In this section "retention period" means—

• (a) in the case of identification evidence, other than a fingerprint, palm print or photograph of a person, the period from the taking of the evidence concerned from the person to the latest date for the destruction of that evidence under subsection (10), and

• (b) in the case of identification evidence consisting of a fingerprint, palm print or photograph of a person (including any related records)—

• (i) 6 years from the taking of the evidence concerned from the person, or

• (ii) if the person falls under paragraph (d) or (e) of subsection (10), 3 months from the quashing of the conviction concerned or the declaration that the conviction concerned is a miscarriage of justice, as the case may be,

whichever is the later.]

79A. F94[Request pursuant to Article 7 of 2008 Council Decision or that Article as applied by 2009 Agreement with Iceland and Norway

79A.— (1) If the request for obtaining identification evidence for use in a F95[member state or the United Kingdom] under section 78—

• F95[(a) is pursuant to—

• (i) Article 7 of the 2008 Council Decision or that Article insofar as it is applied by Article 1 of the 2009 Agreement with Iceland and Norway, or

• (ii) Article 532 of the Trade and Cooperation Agreement, and]

• (b) is for the DNA profile of a person who is suspected of having committed the offence concerned,

then, following compliance with section 79(1), this section shall apply to the request if the identification evidence sought pursuant to the request is not in the possession of the Garda Síochána.

• (2) The Commissioner shall instruct a member of the Garda Síochána to inform the person whose DNA profile is sought pursuant to the request that—

• (a) his or her DNA profile has been requested by the member state concerned F96[or the United Kingdom] for the purposes of criminal proceedings, or a criminal investigation, in that member state F96[or the United Kingdom, as the case may be],

• (b) if he or she consents to provide a DNA sample from which his or her DNA profile may be generated, the DNA profile will be transmitted to the member state concerned F96[or the United Kingdom, as the case may be,] in accordance with this Chapter,

• (c) the DNA profile of the person may be given in evidence in any proceedings in the member state concerned F96[or the United Kingdom, as the case may be], and

• (d) if he or she does not consent to provide a DNA sample, an application may be made to a judge of the District Court under subsection (5) for an order under that subsection.

• (3) If the person concerned consents to provide a DNA sample, a member of the Garda Síochána may take, or cause to be taken, a DNA sample from him or her.

• (4) If the person concerned does not consent to provide a DNA sample, an application may be made for an order under subsection (5).

• (5) A judge of the District Court may, on an application in that behalf by a member of the Garda Síochána not below the rank of superintendent, make an order—

• (a) authorising the Garda Síochána to send a notice to the person concerned requiring him or her to attend at a named Garda Síochána station on a day, and at a time of day or between times of day, specified in the notice for the purpose of having a DNA sample taken from him or her, and

• (b) in the event of his or her failure or refusal to comply with the notice, authorising the Garda Síochána to arrest the person concerned and detain him or her in a Garda Síochána station for a period not exceeding 4 hours from the time the person concerned is arrested for that purpose,

if the judge is satisfied that—

• (i) the request concerned complies with section 79(1), and

• (ii) the conduct alleged to constitute the offence concerned would, if it took place in the State, constitute a relevant offence, and

• (iii) the person concerned has not consented to the taking of a DNA sample from him or her pursuant to the request concerned.

• (6) If an order is made under subsection (5), a notice pursuant to the order may be sent by a member of the Garda Síochána to the person concerned.

• (7) A notice under subsection (6) shall, in the case of a child, also be sent to a parent or guardian of the child and, if the member of the Garda Síochána sending the notice knows or believes that the person concerned to whom the notice is being sent is a protected person, the member shall also send the notice to a parent or guardian of the person.

• (8) If the person concerned to whom a notice is sent under subsection (6) fails or refuses to comply with the notice, a member of the Garda Síochána may arrest that person and detain him or her in a Garda Síochána station for such period as is authorised by the order made under subsection (5) concerned for the purpose of having a DNA sample taken from him or her.

• (9) If—

• (a) the person concerned, in compliance with a notice sent to him or her under subsection (6), attends at the Garda Síochána station named in the notice, or

• (b) he or she fails or refuses to comply with a notice sent to him or her under subsection (6) and he or she is arrested and detained in a Garda Síochána station,

for the purpose of having a DNA sample taken from him or her, a member of the Garda Síochána may, subject to subsection (11), take, or cause to be taken, a DNA sample from him or her.

• (10) The provisions of sections 10(1), 14, 23 and 24, subsections (3) to (7) of section 21 and subsections (3) to (7) of section 22, of the Act of 2014 insofar as they relate to the taking of a non-intimate sample (within the meaning of that Act) from a person shall apply, with any necessary modifications, to the taking of a DNA sample from a person under subsection (9), (13) or (17), as may be appropriate.

• (11) Before a member of the Garda Síochána takes, or causes to be taken, a DNA sample from a person under subsection (9), (13) or (17), the member shall, as may be appropriate, inform the person of the following:

• (a) that the DNA profile of the person has been requested by the member state concerned F96[or the United Kingdom] for the purposes of criminal proceedings, or a criminal investigation, in that member state F96[or the United Kingdom, as the case may be];

• (b) that an order has been made by a judge of the District Court under subsection (5) authorising the sending of a notice to the person requiring him or her to attend at a named Garda Síochána station on a day, and at a time of day or between times of day, specified in the notice, or, in the event of his or her failure or refusal to comply with the notice, the arrest and detention of the person in a Garda Síochána station for the period specified in the order, for the purpose of having a DNA sample taken from him or her;

• (c) in a case in which a DNA sample already taken from the person has proved to be insufficient or was inadequately labelled—

• (i) that that DNA sample has proved to be insufficient or was inadequately labelled, as may be appropriate, and

• (ii) that another DNA sample may be taken from the person under subsection (13) or (17), as the case may be;

• (d) that the DNA sample will be used to generate a DNA profile in respect of the person and that the DNA profile will be transmitted to the member state concerned F96[or the United Kingdom, as the case may be,] in accordance with this Chapter;

• (e) that the DNA profile of the person generated from the DNA sample may be given in evidence in any proceedings in the member state concerned F96[or the United Kingdom, as the case may be];

• (f) that the provisions of sections 10(1), 14, 23 and 24, subsections (3) to (7) of section 21 and subsections (3) to (7) of section 22, of the Act of 2014 insofar as they relate to the taking of a non-intimate sample (within the meaning of that Act) from a person shall apply, with any necessary modifications, to the taking of the DNA sample from the person; and

• (g) that the DNA sample, and the DNA profile of the person generated from the sample, may be destroyed in accordance with section 79.

• (12) Where a DNA sample taken from a person under subsection (3) proves to be insufficient or is inadequately labelled, this section insofar as it relates to the taking of a DNA sample from the person shall apply, with any necessary modifications, to the taking of a second or further sample from the person.

• (13) Where—

• (a) a person is arrested and detained under subsection (8), and

• (b) a DNA sample taken from the person during the period of detention proves to be insufficient or is inadequately labelled,

a second DNA sample may be taken from the person in accordance with subsections (9) to (11) while he or she is so detained.

• (14) When a DNA sample or, if appropriate, a second DNA sample has been taken from a person who is detained under subsection (8), the person shall be released from custody forthwith unless his or her detention is authorised apart from this section.

• (15) Where—

• (a) a DNA sample is taken from a person who is detained under subsection (8),

• (b) the person is released from that detention, and

• (c) the DNA sample proves to be insufficient or is inadequately labelled,

a member of the Garda Síochána not below the rank of superintendent may apply to a judge of the District Court for an order under subsection (16).

• (16) A judge of the District Court may, on an application in that behalf under subsection (15), make an order—

• (a) authorising the Garda Síochána to send a notice to the person concerned requiring him or her to attend at a named Garda Síochána station on a day, and at a time of day or between times of day, specified in the notice for the purpose of having a second DNA sample taken from him or her, and

• (b) in the event of his or her failure to comply with the notice, authorising the Garda Síochána to arrest the person concerned and detain him or her in a Garda Síochána station for a period not exceeding 4 hours from the time the person concerned is arrested for that purpose,

if the judge is satisfied that—

• (i) the first DNA sample concerned was taken from the person concerned in accordance with this section,

• (ii) the first DNA sample concerned taken from the person concerned has proved to be insufficient or was inadequately labelled, as the case may be, and

• (iii) the member state concerned F96[or the United Kingdom, as the case may be,] is still seeking the DNA profile of the person concerned pursuant to the request concerned.

• (17) If an order is made under subsection (16) for the purpose of having a second DNA sample taken from the person, subsections (6) to (9) shall, with any necessary modifications, apply to the taking of the second DNA sample from him or her.

• (18) When a second DNA sample has been taken from a person who is detained pursuant to an order under subsection (16), the person shall be released from custody forthwith unless his or her detention is authorised apart from this section.

• (19) If a second DNA sample is taken from a person under subsection (13), the references in subsections (15) to (18) —

• (a) to a first DNA sample shall be construed as references to a second DNA sample, and

• (b) to a second DNA sample shall be construed as references to a third DNA sample,

taken, or to be taken, from the person.

• (20) Subsections (4), (7), (8), (9), (9A), (10), (11) and (11A) to (11Q) of section 79 shall apply in respect of a request to which this section applies.

• (21) An application under subsection (4) or (15) shall be made to a judge of the District Court who is assigned to the district court district in which the person whose DNA profile is being sought pursuant to the request concerned resides.

• (22) If—

• (a) the conduct alleged to constitute the offence concerned would not, if it took place in the State, constitute a relevant offence, or

• (b) the request is for the DNA profile of a person who is not suspected of having committed the offence concerned in the member state concerned F96[or the United Kingdom, as the case may be],

then, section 79 and not this section shall apply to the request.]

79B. F97[Application for court order authorising taking of identification evidence from protected person or child under Act of 2008

79B.— (1) If—

• (a) a member of the Garda Síochána is unable, having made reasonable efforts to do so, to contact a parent or guardian of a protected person or child, as the case may be, for the purposes of ascertaining whether or not he or she consents to the taking of the identification evidence concerned from the person or child, as the case may be, under section 79,

• (b) subject to subsection (11J) of section 79, the circumstances referred to in subsection (11I) of that section exist in relation to a parent or guardian of a protected person or child, as the case may be, or

• (c) a protected person or child, as the case may be, does not have, or a member of the Garda Síochána not below the rank of inspector cannot, having made reasonable efforts to do so, ascertain within a reasonable period whether the person or child, as the case may be, has, a living parent or guardian from whom consent to the taking of the identification evidence concerned from the person or child, as the case may be, may be sought under section 79,

a member of the Garda Síochána not below the rank of inspector may apply to a judge of the District Court for an order authorising the taking of the identification evidence concerned from the protected person or child, as the case may be.

• (2) A member of the Garda Síochána who intends to make an application under subsection (1) shall inform the protected person or child, as the case may be, concerned of that intention.

• (3) A judge of the District Court may order—

• (a) that an application under subsection (1) shall be heard otherwise than in public, or

• (b) that a parent or guardian of the protected person or child, as the case may be, concerned to whom section 79(11I) applies shall be excluded from the Court during the hearing of the application,

or both if—

• (i) on an application in that behalf by a member of the Garda Síochána not below the rank of inspector, the judge is satisfied that it is desirable to do so in order to avoid a risk of prejudice to the criminal proceedings, or the criminal investigation, for the offence concerned in the designated state concerned in connection with which the identification evidence concerned has been sought pursuant to the request, or

• (ii) the judge considers that it is otherwise desirable in the interests of justice to do so.

• (4) A judge of the District Court shall, for the purposes of determining an application under subsection (1) —

• (a) be satisfied that the request for the identification evidence concerned complies with section 79(1), and

• (b) have regard to—

• (i) the nature and seriousness of the offence concerned in the designated state concerned,

• (ii) in so far as they can be ascertained, the wishes of the protected person or child, as the case may be, concerned regarding whether the identification evidence concerned should be taken from him or her, and

• (iii) whether it would be in the interests of justice in all the circumstances of the case, having due regard to the best interests of the protected person or child, as the case may be, concerned, to make an order authorising the taking of the identification evidence concerned from the protected person or child, as the case may be, concerned,

before making an order under this section.

• (5) If, on an application under subsection (1), a parent or guardian of the protected person or child, as the case may be, concerned applies to be heard by the judge of the District Court, an order shall not be made under this section unless a reasonable opportunity has been given to the parent or guardian, as the case may be, of that person or child, as the case may be, to be heard.

• (6) A judge of the District Court may, if he or she considers it appropriate to do so, make an order authorising the taking of the identification evidence concerned from the protected person or child, as the case may be, concerned in accordance with section 79.

• (7) An application under subsection (1) shall be made to a judge of the District Court who is assigned to the district court district in which the protected person or child concerned resides.]

79C. F98[Recording of supply and receipt of data for requests pursuant to Article 7 of 2008 Council Decision or that Article as applied by 2009 Agreement with Iceland and Norway

79C.— (1) The Central Authority shall record, in accordance with subsection (2), the supply and receipt of data—

• (a) in the case of requests under section 77, and

• (b) in the case of requests referred to in section 78,

that are made pursuant to Article 7 of the 2008 Council Decision or that Article insofar as it is applied by Article 1 of the 2009 Agreement with Iceland and F99[Norway, or Article 532 of the Trade and Cooperation Agreement].

• (2) The recording of the supply and receipt of data under subsection (1) shall be in a permanent legible form or be capable of being converted into a permanent legible form and shall include the following particulars in relation to the data:

• (a) a description of the data supplied or received;

• (b) the reason for the request concerned;

• (c) the date the data were supplied or received;

• (d) the name or reference code of the Central Authority and the name or reference code of the appropriate authority within the meaning of section 77 concerned or of the authority which supplied or received the data, as the case may be.

• (3) Records created under this section may be used only for the purposes of monitoring data protection and ensuring data security.

• (4) The Central Authority shall—

• (a) retain the records created under this section for a period of 2 years from the time of their creation, and

• (b) immediately after that period, destroy those records.

• (5) Whenever requested to do so by the Data Protection Commissioner, the Central Authority shall furnish the records created under this section to the Data Protection Commissioner as soon as practicable, but in any event not later than 4 weeks, after the receipt of a request to do so.

• (6) The Central Authority shall—

• (a) using the records created under this section, carry out random checks on the lawfulness of the supply and receipt of data,

• (b) retain the results of those random checks for a period of 18 months from the time that they were carried out for the purposes of inspection by the Data Protection Commissioner, and

• (c) immediately after that period, destroy those results.

• (7) A data controller F100[or, as the case may be, controller] who supplies or receives data—

• (a) in the case of requests under section 77, or

• (b) in the case of requests referred to in section 78,

that are made pursuant to Article 7 of the 2008 Council Decision, or that Article insofar as it is applied by Article 1 of the 2009 Agreement with Iceland and F99[Norway, or Article 532 of the Trade and Cooperation Agreement,] shall furnish such of the particulars specified in subsection (2) in relation to those data as the data controller F100[or, as the case may be, controller] has, as soon as reasonably practicable, to the Central Authority for the purposes of enabling the Central Authority to comply with this section.

• (8) In this section "reference code", in relation to the Central Authority or other authority, means the reference code that is assigned to the Central Authority or that other authority, as the case may be, for the purposes of F99[the 2008 Council Decision, the 2009 Agreement with Iceland and Norway or Title II of Part Three of the Trade and Cooperation Agreement].]

PART 6 Other Forms of Assistance

Chapter 1 Service of documents

80. Documents for service outside State.

80.— (1) A document may be issued by a court in the State for the purposes of or in connection with criminal proceedings notwithstanding that the person on whom it is to be served is in another state.

• (2) Where the document is not in the official language or one of the official languages of that state, the person at whose request it was issued shall provide the court with a translation of the document, or the material parts of it, into that language or one of those languages, unless subsection (3) applies.

• (3) Where such a person believes that the person on whom it is to be served does not understand Irish, English or another language which is the official language or one of the official languages of that state, he or she shall—

• (a) inform the court of that belief, and

• (b) provide it with a translation of the document, or of the material parts of it, into a language that he or she believes that the person understands.

• (4) The document—

• (a) if it requires the recipient to appear in proceedings, shall not refer to a penalty for non-appearance, and

• (b) shall be accompanied by—

• (i) a notice stating that—

• (I) no measure of restraint or punishment may be enforced directly by the court in the territory of the other state, and

• (II) the person to be served may obtain information regarding his or her rights or obligations concerning the document from the court or a specified person or authority,

• (ii) a notice giving any other information required to be given by rules of court, and

• (iii) where necessary, a translation of the document, or of the material parts of it, into an appropriate language.

• (5) Subject to subsection (6), non-compliance by a person with a requirement specified in the document is not contempt of court or a ground for issuing a warrant to compel the person to attend the proceedings concerned.

• (6) Subsection (5) does not apply if the document is subsequently served on the person in the State.

• (7) Subject to subsection (9), a person who is in the State in compliance with a requirement in the document to appear as a defendant in criminal proceedings may not be proceeded against, sentenced, detained or otherwise restricted in his or her personal freedom in respect of any offence committed before arriving in the State other than an offence or offences specified in the document.

• (8) Subject to subsection (9), a person who is in the State in compliance with a requirement in the document to appear as a witness in criminal proceedings may not be proceeded against, sentenced, detained or otherwise restricted in his or her personal freedom in respect of any offence committed before arriving in the State.

• (9) The immunity provided for in subsections (7) and (8) ceases when—

• (a) a period of 15 days has elapsed from the date when the person’s presence in the State is no longer required by the court concerned and the person, having had an opportunity to leave the State during that period, has not done so, or

• (b) the person, having left the State during that period, returns to it.

81. Mode of service.

81.— (1) A document referred to in section 80 may be served in a designated state by post.

• (2) Subject to subsection (3), it may be transmitted to a designated state with a request for service otherwise than by post in accordance with the relevant international instrument.

• (3) Where the person to be served is in a member state, service otherwise than by post may be requested only if—

• (a) the address of the person is unknown or uncertain,

• (b) it has not been possible to serve the document by post, or

• (c) the person at whose request the document was issued has good reason for believing that service by post would not be effective or is inappropriate.

• (4) Such a document may be served in a state other than a designated state in accordance with arrangements made by the Minister.

82. Service of documents in State.

82.— (1) This section applies to a request for service on a person in the State of—

• (a) a document requiring the person to appear as a defendant or attend as a witness in criminal proceedings in a designated state, and

• (b) any other document issued by a court or authority (including a prosecuting authority) in that state in criminal proceedings, including a document relating to the enforcement of a sentence or a preventive measure, the imposition of a fine or the payment of costs of proceedings.

• (2) Unless the request is for personal service, the Minister may cause the document, together with the notice referred to in subsection (11), to be served by post on the person concerned.

• (3) Where the request is for personal service, the document, if not in Irish or English, shall be accompanied—

• (a) by a translation of the document, or of the material parts of it, into either of those languages, and

• (b) if it is known that the person understands only another language or languages and the document is not in that language or one of those languages, by such a translation into that other language or one of those other languages.

• (4) Where the request is for personal service, the Minister shall, subject to subsection (5), direct the Commissioner of the Garda Síochána to cause the document to be served personally on the person concerned.

• (5) Subsection (4) does not apply to a request for personal service from a member state unless—

• (a) the address of the person concerned is unknown or uncertain,

• (b) under the law of the member state proof of service on the person is required, other than proof that can be obtained by post,

• (c) it has not been possible to serve the document by post, or

• (d) the applicant for the issue of the document or the issuing authority has good reason for believing that service by post would not be effective or is inappropriate.

• (6) The Commissioner shall—

• (a) cause the document, together with the notice referred to in subsection (11), to be served by a member of the Garda Síochána in accordance with the request and send proof of the service to the Minister for transmission to the requesting authority concerned, or

• (b) if it is not possible to effect service, cause the Minister to be notified accordingly, stating the reason for the non-service.

• (7) A person served under this section with a document is not under any obligation under the law of the State to comply with any requirement in it.

• (8) A document requiring a person to appear as a defendant in criminal proceedings in a designated state may not be served under this section unless an assurance is given by the requesting authority concerned that, if the person so appears, he or she will not, subject to subsection (10), be proceeded against, sentenced, detained or otherwise restricted in his or her personal freedom in that state in respect of any conduct taking place before his or her departure from the State, other than conduct constituting the offence or offences specified in the document.

• (9) A document requiring a person to attend as a witness in criminal proceedings in a designated state may not be served under this section unless an assurance is given by the requesting authority concerned that, if the person so attends, he or she will not, subject to subsection (10), be proceeded against, sentenced, detained or otherwise restricted in his or her personal freedom in that state in respect of any offence committed before his or her departure from the State.

• (10) The immunity provided for in subsections (8) and (9) ceases when—

• (a) a period of at least 15 days has elapsed from the date when the person’s presence in the designated state is no longer required by the judicial authorities concerned and the person, having had an opportunity to leave the designated state during that period, has not done so, or

• (b) the person, having left the state during that period, returns to it.

• (11) The notice to accompany a document served under this section shall—

• (a) state the content of subsection (7), (8) or (9), as appropriate, and subsection (10),

• (b) indicate that the person on whom the document is served may wish to seek advice as to the possible consequences of failure to comply with it under the law of the state where it was issued, and

• (c) indicate that under that law the person may not, as a defendant or witness, have the same rights and privileges as he or she would have in that capacity in criminal proceedings in the State.

• (12) If there is reason to believe that the person understands only a language or languages other than Irish or English, the notice shall be translated into that other language or one of those other languages.

Chapter 2 Examining objects and sites

83. Examining objects and sites.

83.— (1) A request for the examination of an object or site in a designated state for the purposes of a criminal investigation or criminal proceedings may be sent by the Director of Public Prosecutions either to the Central Authority for transmission to the appropriate authority in the designated state or directly to that authority.

• (2) A request from a designated state for the examination of an object or site for such purposes may be sent by the Minister to the Commissioner of the Garda Síochána to arrange for the request to be complied with.

• (3) A request under this section shall include a description of the object or site that is sufficient to enable it to be clearly identified.

• (4) Section 74 shall apply and have effect in relation to such a request from a designated state with the modification that, where necessary, a warrant may be issued under subsection (8) of that section requiring the owner or occupier of the object or site to allow access to it by a member of the Garda Síochána and such other persons as may accompany the member for the purposes of the examination and with any other necessary modifications.

• (5) Subsection (4) is without prejudice to section 97.

Chapter 3 Restitution

84. Restitution of stolen property from designated state.

84.— (1) An order under paragraph (i) of section 56 (orders for restitution) of the Criminal Justice (Theft and Fraud Offences) Act 2001 may be made by the court by or before which a person is convicted in relation to property in a designated state.

• (2) The return of property to its owner in accordance with such an order does not prejudice the rights of any bona fide third parties in relation to it.

• (3) The Central Authority, on the application of the person entitled under the order to recover the property, shall send a copy of the order to the person or body in the designated state appearing to it to have the function of dealing with a request for the restitution of the property concerned.

• (4) The request shall be accompanied by a document provided by the applicant containing—

• (a) a statement that—

• (i) a specified person obtained the property concerned by committing an offence under the law of the State, and

• (ii) the return of the property to its owner does not prejudice the rights of any bona fide third parties in relation to it,

and

• (b) the following information:

• (i) a description of the property;

• (ii) its location;

• (iii) the name and address of its owner; and

• (iv) any other information likely to facilitate compliance with the request.

85. Request to State for restitution of stolen property.

85.— (1) This section applies to a request for property obtained by criminal means to be placed at the disposal of the requesting authority with a view to the return of the property to its owner.

• (2) The request shall be in writing and shall include or be accompanied by—

• (a) a statement that—

• (i) a specified person has obtained the property by committing an offence under the law of the requesting state, and

• (ii) the return of the property to its owner does not prejudice the rights of any bona fide third parties in relation to it,

and

• (b) the following information:

• (i) a description of the property;

• (ii) its location;

• (iii) the name and address of its owner; and

• (iv) any other information likely to facilitate compliance with the request.

86. Action on request.

86.— (1) On receipt of the request the Minister may, if of opinion that the request complies with section 85, cause an application to be made to the District Court for an order under section 87 in relation to the property.

• (2) The Court shall provide for notice of the application to be given to any person who appears to be or is affected by such an order unless the Court is satisfied that it is not reasonably possible to ascertain the person’s whereabouts.

87. Order for restitution.

87.— (1) On application by or on behalf of the Minister, the District Court may, if satisfied—

• (a) that sections 85 and 86(2) have been complied with, and

• (b) that the property concerned is in the possession or control of a specified person,

order that person to deliver the property to the member in charge of the Garda Síochána station named in the application.

• (2) The Central Authority shall arrange for the delivery of the property to the requesting authority with a view to the return of the property to its owners.

• (3) An order may also be made by the District Court under this section for the delivery of property which is in the custody of the Garda Síochána.

• (4) An order under this section may not be made—

• (a) where the property is required as evidence in civil or criminal proceedings, or

• (b) unless an opportunity has been given to any person claiming to own, or have an interest in, the property to show cause why the order should not be made.

• (5) A person who does not comply with an order under this section 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.

• (6) The jurisdiction of the District Court under this section may be exercised—

• (a) by the judge of that Court assigned to the district court district in which the property is located, or

• (b) if the property is located in more than one district court district, by a judge of that Court assigned to any one of those districts.

Chapter 4 Controlled deliveries

88. Interpretation (Chapter 4).

88.— (1) In this Chapter—

“competent authority in a designated state”, in relation to a request for a controlled delivery to or from a designated state, means a person or body in that state appearing to the Competent Authority in the State to have the function of receiving or making the request;

“Competent Authority in the State”, in relation to a request for a controlled delivery to or from a designated state, means—

• (a) the Commissioner of the Garda Síochána or a member of the Garda Síochána authorised by him or her for the time being to exercise his or her functions under this Chapter, or

• (b) if the controlled delivery is concerned with a revenue offence, the Revenue Commissioners or a person authorised by them for the time being to exercise their functions under this Chapter;

“controlled delivery” means a delivery permitted in the State in accordance with this Chapter or in a designated state in accordance with the relevant international instrument for the purposes of an investigation into an offence;

“controlled drug” has the meaning given to it by section 2 of the Misuse of Drugs Act 1977;

“offence” includes an offence which is suspected, with reasonable cause, to have been or to be about to be committed.

• (2) F101[…]

89. Controlled delivery in designated state.

89.— (1) The Competent Authority in the State may request the competent authority in a designated state to permit—

• (a) a controlled delivery to be made in that state, and

• (b) specified persons or persons of a specified description, including members of the Garda Síochána and officers of customs and excise, to participate in the operations connected with the delivery.

• (2) The request shall include particulars of the offence with which the controlled delivery is concerned.

90. Controlled delivery in State.

90.— (1) This section applies to a request to the Competent Authority in the State from a competent authority in a designated state to permit—

• (a) a controlled delivery to be made in the State, and

• (b) specified persons, or persons of a specified description, from the designated state to participate in the operations connected with the controlled delivery.

• (2) The request shall include particulars of the offence with which the controlled delivery is concerned.

• (3) The Competent Authority in the State may grant the request if satisfied that—

• (a) the controlled delivery is being made for the purposes of an investigation into an offence, or

• (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, to permit the delivery to take place.

• (4) The operations related to a controlled delivery shall, if the delivery is concerned with the illegal importation of controlled drugs, be regulated in accordance with—

• (a) the Memorandum of Understanding of 12 January 1996 concerning the relationship between the Customs and Excise Service of the Revenue Commissioners and the Garda Síochána with respect to Drugs Law Enforcement and agreed between the Commissioner of the Garda Síochána and the chairman of the Revenue Commissioners, and

• (b) the Operational Protocol for co-operation between An Garda Síochána, the Customs and Excise and the Naval Service in relation to Drugs Law Enforcement,

including any modifications or extensions of the Memorandum or Protocol for the time being in force.

• (5) If the delivery is concerned with a revenue offence (other than an offence constituted by the illegal importation of controlled drugs), the operations shall be under the direction and control of the officers of customs and excise assigned to the delivery.

• (6) If the delivery is concerned with any other offence, the operations shall be under the direction and control of the members of the Garda Síochána so assigned.

• (7) A member of the Garda Síochána or officer of customs and excise participating in operations connected with a controlled delivery in the State may, at the request of a person from a designated state so participating, take such action as may be open to the member or officer in furtherance of the operations.

• (8) Copies of the Memorandum of Understanding and Operational Protocol have been placed in the Oireachtas Library.

91. Amendment of Garda Síochána Act 2005.

91.— Section 51 (International Service) of the Garda Síochána Act 2005 is amended—

• (a) in subsection (2)(a), by the deletion of “State, or” and the substitution of “State,”, and

• (b) by the substitution of the following subsections for subsections (b) and (c):

• “(b) as members of a joint investigation team within the meaning of the Criminal Justice (Joint Investigation Teams) Act 2004, as amended by section 96 of the Criminal Justice (Mutual Assistance) Act 2008,

• (c) in connection with the making of a controlled delivery outside the State pursuant to a request under section 89 of the said Act of 2008, or

• (d) on secondment to an international organisation with the consent of the Minister.”.

92. Application of Criminal Justice (Joint Investigation Teams) Act 2004 in relation to controlled deliveries.

92.— Sections 11 (Use of Information), 12 (Criminal Liability) and 13 (Civil Liability) of the Criminal Justice (Joint Investigation Teams) Act 2004 apply, with the necessary modifications, in relation to a person participating in operations connected with a controlled delivery as they apply in relation to a member or seconded member of a joint investigation team within the meaning of that Act.

PART 7 Mutual Assistance in Criminal Matters Between the State and the United States of America

93. Definitions (Part 7).

93.— In this Part—

“Article” means an Article of the Ireland-US Treaty;

“Explanatory Note” means the Explanatory Note which—

• (a) is annexed to the Council Decision of 6 June 2003 concerning the signature of the Agreements between the European Union and the United States of America on extradition and mutual assistance in criminal matters, and

• (b) records an understanding between the European Union and the United States of America on the EU - US Agreement;

“Instrument” means the Instrument contemplated by Article 3(2) of the EU - US Agreement as to the application of the US - Ireland Treaty and done at Dublin on 14 July 2005;

“EU - US Agreement” means the Agreement on Mutual Legal Assistance between the European Union and the United States of America, done at Washington D.C. on 25 June 2003;

“Ireland - US Treaty” means the Treaty between the Government of Ireland and the Government of the United States of America on Mutual Assistance in Criminal Matters, done at Washington D.C. on 18 January 2001, as applied by the Instrument.

94. Application in State of Ireland - US Treaty.

94.— (1) The Ireland - US Treaty has the force of law in its application in relation to the State.

• (2) Judicial notice shall be taken of the Treaty.

• (3) For the purpose of giving full effect to the Treaty, the relevant provisions of this Act relating to requests for mutual legal assistance between the State and member states, including those relating to applications to courts or judges—

• (a) to make orders to give effect to or enforce compliance with requests for such assistance, and

• (b) to make, vary or discharge those orders,

have also effect, subject to the Treaty, in relation to requests for mutual legal assistance between the State and the United States of America, where necessary for that purpose and with the necessary modifications; in particular, for that purpose the reference in Article 16 bis 4 to money laundering and terrorist activity include, respectively, an offence under [F102Part 2 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010], and an offence under section 6 of the Criminal Justice (Terrorist Offences) Act 2005.

• (4) Section 7 (operation of joint investigation teams) of the Criminal Justice (Joint Investigation Teams) Act 2004 applies in relation to a joint investigation team established under Article 16 ter and operating in the State as if it were a joint investigation team established under that Act.

• F103[(5) Article 7, in its application in relation to the use of personal data contained in evidence or information obtained under the Treaty by a person in the State, is without prejudice to the application of—

• (a) subject to section 8 of the Act of 2018, section 7 (duty of care owed by data controllers and data processors) of the Act of 1988 in respect of the use of such data (within the meaning of the Act of 1988), and

• (b) Part 5 of the Act of 2018, in respect of the use of such data (within the meaning of that Part).

• (6)
• (a) Subject to section 8 of the Act of 2018, the Data Protection Acts 1988 and 2003 apply in relation to personal data referred to in subsection (5)(a), in respects other than those related to their use.

• (b) Part 5 of the Act of 2018 applies in relation to personal data referred to in subsection (5)(b), in respects other than those related to their use.]

• (7) A court may consider—

• (a) the Explanatory Note when interpreting any provision of the EU - US Agreement, and

• (b) the Note and Agreement when interpreting any provision of the Treaty,

and give them such weight as is appropriate in the circumstances.

• F104[(8) In this section—

"Act of 1988’ means the Data Protection Act 1988;

"Act of 2018" means the Data Protection Act 2018.]

F105[PART 7A Special Intervention Units]

94A. F106[Interpretation

94A.— In this Part—

"competent authority", in relation to the State, means the Minister and, in relation to a member state, means the authority designated by that member state to be the competent authority of that member state for the purposes of the 2008 Council Decision (special intervention units);

"crisis situation" means any situation in which the competent authority or the competent authority of a member state has reasonable grounds to believe that, as a result of a criminal offence, there exists a serious direct physical threat to persons, property, infrastructure or institutions in the State or in that member state;

"special intervention unit"—

• (a) if and when operating in a member state, has the meaning assigned to it by section 94B,

• (b) if and when operating in the State, means a special intervention unit consisting of a law enforcement unit of another member state which is specialised in the control of a crisis situation.]

94B. F107[Special intervention unit

94B.— For the purpose of providing assistance under section 94E, the Garda Commissioner may establish a special intervention unit, where required for the control of a crisis situation, from such members of the Garda Síochána as the Garda Commissioner considers appropriate.]

94C. F108[Request to member state for assistance of special intervention unit in dealing with crisis situation

94C.— (1) Where the competent authority is satisfied that—

• (a) as a result of the commission of a criminal offence, a crisis situation exists in the State, and

• (b) there are reasonable grounds for believing that it is in the public interest to seek the assistance of a special intervention unit from a member state, and

• (c) the Government has agreed to the request for the assistance of a special intervention unit,

the competent authority may request the competent authority of that member state to provide the assistance of a special intervention unit in accordance with the 2008 Council Decision (special intervention units).

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

• (a) the competent authority making the request;

• (b) the nature of the crisis situation;

• (c) the criminal offence giving rise to the crisis situation;

• (d) the nature and form of the assistance requested;

• (e) the operational necessity for the assistance requested; and

• (f) the expected period for which the assistance is required.

• (3) The competent authority shall furnish to the other competent authority such other information (if any) as would reasonably be required by that authority to decide whether or not to agree to provide the assistance sought.

• (4) Where the requested competent authority accedes to the request, the competent authority may, subject to this Chapter, agree with that authority the form of assistance required including—

• (a) the provision of equipment,

• (b) the provision of expertise,

• (c) the assistance in the State of a special intervention unit of the member state concerned.]

94D. F109[Request to State for assistance of special intervention unit in dealing with crisis situation

94D.— (1) In accordance with the 2008 Council Decision (special intervention units), the competent authority shall consider a request for assistance in dealing with a crisis situation received from the competent authority of a member state.

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

• (a) the competent authority making the request;

• (b) the nature of the crisis situation;

• (c) the criminal offence giving rise to the crisis situation;

• (d) the nature and form of the assistance requested;

• (e) the operational necessity for the assistance requested; and

• (f) the expected period for which the assistance is required.

• (3) The competent authority may seek from the requesting competent authority such other information (if any) as would reasonably be required to decide whether or not to agree to provide the assistance sought.

• (4) Where the competent authority accedes to the request for assistance, the competent authority may, subject to Government approval, agree with the requesting competent authority the form of assistance including:

• (a) equipment;

• (b) expertise;

• (c) assistance in the member state of a special intervention unit established under section 94B.]

94E. F110[Operation of special intervention unit