LegalizeReform history
Criminal Justice (Surveillance) Act 2009
2 versions
· 2009-07-12
2025-04-02
IE-2009-act-19 — consolidated version 2025-04-02
Changes on 2025-04-02
@@ -1,30 +1,44 @@
# Criminal Justice (Surveillance) Act 2009
##### 1. Interpretation.
##### 1. **Interpretation.**
**1**.— In this Act—
“Act of 1993” means the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993;
F1[“Act of 2024“means thePolicing, Security and Community Safety Act 2024;]
“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—
F2[“authorised officer" has the meaning it has in the Competition and Consumer Protection Act 2014;]
F3[F4[…]
F4[…]]
F1[“designated officer of the Police Ombudsman“means a designated officer within the meaning of the Act of 2024;]
“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;
F1[“Independent Examiner“has the same meaning as it has in the Act of 2024;]
“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”F5[means a member of An Garda Síochána within the meaning of the*Act of 2024*, other than a member of the rank of reserve garda];
F3[F4[…]]
“Minister” means the Minister for Justice, Equality and Law Reform;
“ place ” includes—
F3[F4[…]]
“place” includes—
(*a*) a dwelling or other building,
@@ -36,15 +50,23 @@
(*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,
F2["relevant competition offence" means an offence under section 6 of the Competition Act 2002 involving an agreement, decision or concerted practice to which subsection (2) of that section applies;]
“relevant Minister” means—
F6[(*a*) the Minister—
(i) in relation to approvals granted by a superior officer of, and documents and information in the custody of, the Garda Síochána, and
(ii) in relation to approvals granted by a superior officer of, and documents and information in the custody of, theF5[Police Ombudsman],]
F7[(*aa*) the Minister for Enterprise, Trade and Employment, in relation to approvals granted by a superior officer of, and documents and information in the custody of, the Competition and Consumer Protection Commission,]
(*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:
“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;
@@ -58,15 +80,21 @@
(*f*) section 78 of the Finance Act 2005;
“ superior officer ” means—
F1[“senior designated officer of the Police Ombudsman“means a senior designated officer within the meaning of the Act of 2024;]
“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—
F3[(*aa*)F5[in the case of the Police Ombudsman, a senior designated officer of the Police Ombudsman;]]
(*b*) in the case of the Defence Forces, a member of the Defence Forces not below the rank of F8[colonel;]
(*c*) in the case of the Revenue Commissioners, an officer of the Revenue Commissioners not below the rank of F8[principal officer; and]
F9[(*d*) in the case of the Competition and Consumer Protection Commission, an authorised officer 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
@@ -74,21 +102,21 @@
by or with the assistance of surveillance devices;
“ surveillance device ” means an apparatus designed or adapted for use in surveillance, but does not include—
“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)*.
##### 2. 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.
(*c*) a F10[camera (including a video camera)], to the extent to which it is used to take F10[photographs or video footage] 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)*.
##### 2. **Application of Act.**
**2**.— (1) This Act applies to surveillance carried out by members of the Garda Síochána, F11[designated officers of theF12[Police Ombudsman],] F13[members of the Defence Forces, officers of the Revenue Commissioners and authorised officers of the Competition and Consumer Protection Commission].
(2) Nothing in this Act shall render unlawful any activity that would otherwise be lawful.
@@ -98,15 +126,17 @@
(*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;
(*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 F11[or designated officers of theF12[Police Ombudsman]] 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.
##### 3. 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*.
##### 4. Application for authorisation.
F14[(5) This Act shall not apply to processing (including recording) to which the Garda Síochána (Recording Devices) Act 2023 applies.]
##### 3. **Surveillance.**
**3**.— A member of the Garda Síochána, F15[a designated officer of theF16[Police Ombudsman],] F17[a member of the Defence Forces, an officer of the Revenue Commissioners or an authorised officer of the Competition and Consumer Protection Commission] shall carry out surveillance only in accordance with a valid authorisation or an approval granted in accordance with *section 7* or *8*.
##### 4. **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—
@@ -116,6 +146,8 @@
(*c*) the surveillance being sought to be authorised is necessary for the purpose of maintaining the security of the State.
F18[(1A) A superior officer of theF19[Police Ombudsman]may apply to a judge for an authorisation where he or she has reasonable grounds for believing that as part of an investigation being conducted by theF19[Police Ombudsman]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.]
(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—
@@ -124,9 +156,11 @@
(*b*) the surveillance being sought to be authorised is necessary for the purpose of preventing the commission of revenue offences.
F20[(3A) A superior officer of the Competition and Consumer Protection Commission may apply to a judge for an authorisation where he or she has reasonable grounds for believing that, as part of an investigation being conducted by the Competition and Consumer Protection Commission concerning a relevant competition 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.]
(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) A superior officer who makes an application under *subsection (1)*, *(2)*, *(3)* or *(4)* shall also have reasonable grounds for believing that the surveillance being sought to be authorised is—
(5) A superior officer who makes an application under *F21[subsection (1)*,*(1A)*,*(2)*,*F22[(3)*,*(3A)*or*(4)]]* shall also have reasonable grounds for believing that the surveillance being sought to be authorised is—
(*a*) the least intrusive means available, having regard to its objectives and other relevant considerations,
@@ -134,7 +168,7 @@
(*c*) of a duration that is reasonably required to achieve its objectives.
##### 5. Authorisation.
##### 5. **Authorisation.**
**5**.— (1) An application under *section 4* for an authorisation and under *section 6* for a variation or renewal of an authorisation—
@@ -144,7 +178,7 @@
(2) Subject to *subsection (4)*, the judge shall issue such authorisation as he or she considers reasonable, if satisfied by information on oath of the superior officer concerned that—
(*a*) the requirements specified in *subsection (1)*,*(2)*or *(3)*,as the case may be, of *section 4*are fulfilled, and
(*a*) F23[the requirements specified in*subsection (1)*,*F24[(2)*,*(3)*or*(3A)]*, as the case may be, of*section 4]* are fulfilled, and
(*b*) to do so is justified, having regard to the matters referred to in *section 4 (5)* and all other relevant circumstances.
@@ -166,13 +200,13 @@
(*e*) the date of expiry of the authorisation.
(7) An authorisation may authorise the superior officer named in it, or any member of the Garda Síochána, any member of the Defence Forces or any officer of the Revenue Commissioners designated by that superior officer, accompanied by any other person whom he or she considers necessary, to enter, if necessary by the use of reasonable force, any place for the purposes of initiating or carrying out the authorised surveillance, and withdrawing the authorised surveillance device, without the consent of a person who owns or is in charge of the place.
(7) An authorisation may authorise the superior officer named in it, or any member of the Garda Síochána, F25[any designated officer of theF26[Police Ombudsman],] any member of the Defence F24[Forces, any authorised officer of the Competition and Consumer Protection Commission or any officer of the Revenue Commissioners] designated by that superior officer, accompanied by any other person whom he or she considers necessary, to enter, if necessary by the use of reasonable force, any place for the purposes of initiating or carrying out the authorised surveillance, and withdrawing the authorised surveillance device, without the consent of a person who owns or is in charge of the place.
(8) An authorisation shall expire on the day fixed by the judge that he or she considers reasonable in the circumstances and that is not later than 3 months from the day on which it is issued.
(9) Subject to any conditions imposed by the judge under *subsection (5)*, an authorisation shall have effect both within the district court district to which the judge is assigned and in any other part of the State.
##### 6. Variation or renewal of authorisation.
##### 6. **Variation or renewal of authorisation.**
**6**.— (1) A judge may, on application in that behalf by the superior officer to whom an authorisation was issued, if satisfied by information on oath of that superior officer justifying the variation or renewal of the authorisation—
@@ -184,15 +218,15 @@
(3) Where an application for a renewal under this section has been made and the authorisation concerned would, but for this subsection, expire during the hearing of the application, it shall be deemed not to expire until the determination of the application.
##### 7. Approval for surveillance in cases of urgency.
**7**.— (1) A member of the Garda Síochána, a member of the Defence Forces or an officer of the Revenue Commissioners may carry out surveillance without an authorisation if the surveillance has been approved by a superior officer in accordance with this section.
(2) A member or officer referred to in *subsection (1)* may apply to a superior officer for the grant of an approval to carry out surveillance if he or she believes on reasonable grounds that the requirements of *subsection (1)*, *(2)* or *(3)*, as the case may be,of *section 4*are fulfilled and that the surveillance is justified having regard to the matters referred to in *section 4(5)*, but that, before an authorisation could be issued—
(*a*) it is likely that a person would abscond for the purpose of avoiding justice, obstruct the course of justice or commit an arrestable offence or a revenue offence, as the case may be,
(*b*) information or evidence in relation to the commission of an arrestable offence or a revenue offence, as the case may be, is likely to be destroyed, lost or otherwise become unavailable, or
##### 7. **Approval for surveillance in cases of urgency.**
**7**.— (1) A member of the Garda Síochána, F27[a designated officer of theF28[Police Ombudsman],] F29[a member of the Defence Forces, an officer of the Revenue Commissioners or an authorised officer of the Competition and Consumer Protection Commission] may carry out surveillance without an authorisation if the surveillance has been approved by a superior officer in accordance with this section.
(2) A member or officer referred to in *subsection (1)* may apply to a superior officer for the grant of an approval to carry out surveillance if he or she believes on reasonable grounds that F30[the requirements of*subsection (1)*,*F29[(2)*,*(3)*or*(3A)]*, as the case may be, of*section 4]* are fulfilled and that the surveillance is justified having regard to the matters referred to in *section 4(5)*, but that, before an authorisation could be issued—
(*a*) it is likely that a person would abscond for the purpose of avoiding justice, obstruct the course of justice or commit an F29[arrestable offence, revenue offence or relevant competition offence, as the case may be],
(*b*) information or evidence in relation to the commission of an F29[arrestable offence, revenue offence or relevant competition offence, as the case may be], is likely to be destroyed, lost or otherwise become unavailable, or
(*c*) the security of the State would be likely to be compromised.
@@ -210,7 +244,7 @@
(*b*) the person who, or the place or thing that, is to be the subject of the surveillance,
(*c*) the name of the member of the Garda Síochána, member of the Defence Forces or officer of the Revenue Commissioners to whom the approval is granted,
(*c*) the name of the member of the Garda Síochána, F27[designated officer of theF28[Police Ombudsman],] F29[member of the Defence Forces, officer of the Revenue Commissioners or authorised officer of the Competition and Consumer Protection Commission] to whom the approval is granted,
(*d*) the conditions (if any) subject to which the approval is granted,
@@ -232,17 +266,21 @@
(*a*) in the case of a member of the Garda Síochána, a member of the Garda Síochána of the rank of Assistant Commissioner,
(*b*) in the case of an officer of the Defence Forces, a general officer within the meaning of section 2> (as amended by section 2(*b*) of the Defence (Amendment) Act 1979) of the Defence Act 1954, and
F27[F28[(*aa*) in the case of a designated officer of the Police Ombudsman, the Police Ombudsman,]
F31[(*ab*) in the case of an authorised officer of the Competition and Consumer Protection Commission, to a member of the Competition and Consumer Protection Commission within the meaning of section 12 of the Competition and Consumer Protection Act 2014,]]
(*b*) in the case of an officer of the Defence Forces, a general officer within the meaning of section 2 (as amended by section 2(*b*) of the Defence (Amendment) Act 1979) of the Defence Act 1954, and
(*c*) in the case of an officer of the Revenue Commissioners, an officer of the Revenue Commissioners of the rank of Assistant Secretary.
##### 8. Tracking devices.
**8**.— (1) Notwithstanding *sections 4* to *7*, a member of the Garda Síochána, a member of the Defence Forces or an officer of the Revenue Commissioners may, for a period of not more than 4 months or such shorter period as the Minister may prescribe by regulations, monitor the movements of persons, vehicles or things using a tracking device if that use has been approved by a superior officer in accordance with this section.
##### 8. **Tracking devices.**
**8**.— (1) Notwithstanding *sections 4* to *7*, a member of the Garda Síochána, F32[a designated officer of theF33[Police Ombudsman],] F34[a member of the Defence Forces, an officer of the Revenue Commissioners or an authorised officer of the Competition and Consumer Protection Commission] may, for a period of not more than 4 months or such shorter period as the Minister may prescribe by regulations, monitor the movements of persons, vehicles or things using a tracking device if that use has been approved by a superior officer in accordance with this section.
(2) A member or officer referred to in *subsection (1)* may apply to a superior officer for the grant of an approval to use a tracking device if he or she believes on reasonable grounds that—
(*a*) the requirements of *subsection (1)*, *(2)* or *(3)*, as the case may be, of *section 4* are fulfilled and that surveillance is justified having regard to the matters referred to in *paragraphs (b)* and *(c)* of *section 4(5)*, but that the use of a tracking device would be sufficient for obtaining the information or evidence in the circumstances concerned, and
(*a*) F35[the requirements of*subsection (1)*,*F34[(2)*,*(3)*or*(3A)]*, as the case may be, of*section 4]* are fulfilled and that surveillance is justified having regard to the matters referred to in *paragraphs (b)* and *(c)* of *section 4(5)*, but that the use of a tracking device would be sufficient for obtaining the information or evidence in the circumstances concerned, and
(*b*) the information or evidence sought could reasonably be obtained by the use of a tracking device for a specified period that is as short as is practicable to allow the information or evidence to be obtained.
@@ -260,7 +298,7 @@
(*b*) the person who, or the vehicle or thing that, is to be monitored,
(*c*) the name of the member of the Garda Síochána, member of the Defence Forces or officer of the Revenue Commissioners to whom the approval is granted,
(*c*) the name of the member of the Garda Síochána, F32[designated officer of theF33[Police Ombudsman],] F34[member of the Defence Forces, officer of the Revenue Commissioners or authorised officer of the Competition and Consumer Protection Commission] to whom the approval is granted,
(*d*) the conditions (if any) subject to which the approval is granted,
@@ -276,13 +314,17 @@
(*a*) in the case of a member of the Garda Síochána, a member of the Garda Síochána of the rank of Assistant Commissioner,
F33[(*aa*) in the case of a designated officer of the Police Ombudsman, the Police Ombudsman,]
F36[(*ab*) in the case of an authorised officer of the Competition and Consumer Protection Commission, a member of the Competition and Consumer Protection Commission within the meaning of section 12 of the Competition and Consumer Protection Act 2014,]
(*b*) in the case of an officer of the Defence Forces, a general officer within the meaning of section 2 (as amended by section 2(*b*) of the Defence (Amendment) Act 1979) of the Defence Act 1954, and
(*c*) in the case of an officer of the Revenue Commissioners, an officer of the Revenue Commissioners of the rank of Assistant Secretary.
(11) The Minister may, in the interests of the protection of the privacy and other rights of persons, the security of the State, and the aims of preventing the commission of, and detecting, arrestable offences, make regulations prescribing a period of less than 4 months as the maximum period for which approvals granted under this section may have effect, and such regulations may prescribe different periods in respect of different purposes or circumstances.
##### 9. Retention of materials relating to applications and reports.
##### 9. **Retention of materials relating to applications and reports.**
**9**.— (1) An application for an authorisation under *section 4* or *6*, and any documents supporting the application, shall be retained until—
@@ -320,7 +362,7 @@
(*d*) the interests of justice.
##### 10. Restriction of disclosure of existence of authorisations and other documents.
##### 10. **Restriction of disclosure of existence of authorisations and other documents.**
**10**.— (1) The relevant Minister shall ensure that information and documents to which this Act applies are stored securely and that only persons who he or she authorises for that purpose have access to them.
@@ -348,11 +390,11 @@
(*c*) permit the imposition of terms and conditions limiting the extent or detail of disclosure as necessary, having regard to the matters referred to in *subsection (3).*
##### 11. Complaints procedure.
##### 11. **Complaints procedure.**
**11**.— (1) A person who believes that he or she might be the subject of an authorisation or an approval under *section 7*or *8* may apply to the Referee for an investigation into the matter.
(2) A superior officer who makes a report under *section 7 (11)* or *8 (9),* or receives a report under *section 7 (12)* or *8 (10)*, may apply to the Referee for an investigation into a matter if he or she believes that such an investigation would be in the interests of justice.
(2) A superior officer who makes a report under *section 7 (11)* or *8 (9),* or F37[a person who] receives a report under *section 7 (12)* or *8 (10)*, may apply to the Referee for an investigation into a matter if he or she believes that such an investigation would be in the interests of justice.
(3) If an application is made under this section (other than one that the Referee considers to be frivolous or vexatious), the Referee shall investigate—
@@ -378,13 +420,17 @@
(*c*) report the matter and any recommendation under *paragraph (b)*to—
(i) the Garda Síochána Ombudsman Commission, in the case of a contravention by the Garda Síochána,
(i) the F38[Police Ombudsman], in the case of a contravention by the Garda Síochána,
F37[(ia) the Minister, in the case of a contravention by theF38[Police Ombudsman],]
F39[(ib) the Minister for Enterprise, Trade and Employment, in the case of a contravention by the Competition and Consumer Protection Commission,]
(ii) the Minister for Defence, in the case of a contravention by the Defence Forces,
(iii) the Minister for Finance, in the case of a contravention by the Revenue Commissioners;
(*d*) report the matter and any recommendation under *paragraph (b)* to the judge designated under *section 12*.
(*d*) report the matter and any recommendation under *paragraph (b)* to the F38[Independent Examiner].
(6) If the Referee is of opinion that, in all the circumstances, it would not be in the public interest to—
@@ -402,45 +448,35 @@
(9) A relevant contravention that is not material does not of itself constitute a cause of action at the suit of a person who was the subject of the authorisation or approval concerned.
(10) A person in charge of a Garda Síochána station within the meaning of section 99(10) of the Garda Síochána Act 2005, a place under the control of the Defence Forces or the Revenue Commissioners or any other place in which documents relevant to an investigation under this section are kept shall ensure that the Referee has access to those places, and to the authorisations, written records of approval, reports and other relevant documents that the Referee may request.
(10) A person in charge of F38[a Garda Síochána premises within the meaning of*Part 6*of the*Act of 2024*, a place under the control of the Police Ombudsman] the F40[Defence Forces, the Revenue Commissioners or the Competition and Consumer Protection Commission] or any other place in which documents relevant to an investigation under this section are kept shall ensure that the Referee has access to those places, and to the authorisations, written records of approval, reports and other relevant documents that the Referee may request.
(11) The Referee—
(*a*) may, on his or her own initiative, and
(*b*) shall, where a case has been referred to him or her by the designated judge under *section 12 (8)*,
investigate whether there has been a relevant contravention and this section (other than *subsection (7)*) shall apply to such an investigation as if the references to “ the applicant ” in *subsections (4)* and *(6)* were to “the person who was the subject of the authorisation or approval”.
(*b*) shall, where a case has been referred to him or her by the F38[Independent Examiner under*section 12(4)]*,
investigate whether there has been a relevant contravention and this section (other than *subsection (7)*) shall apply to such an investigation as if the references to “the applicant” in *subsections (4)* and *(6)* were to “the person who was the subject of the authorisation or approval”.
(12) In this section—
“ Referee ” means the holder of the office of Complaints Referee under the Act of 1993;
“relevant contravention” means a contravention of a provision of *sections 4* to *8*.
##### 12. Review of operation of this Act by designated judge.
**12**.— (1) After consulting with the Minister, the President of the High Court shall invite a judge of the High Court to undertake (while serving as such a judge) the duties specified in this section and, if the invitation is accepted, the Government shall designate the judge for the purposes of performing those functions.
(2) The designated judge holds office in accordance with the terms of the designation.
(3) The functions of the designated judge are to—
(*a*) keep under review the operation of *sections 4*to *8,* and
(*b*) report to the Taoiseach from time to time and at least once every 12 months concerning any matters relating to the operation of those sections that the designated judge considers should be reported.
(4) For the purpose of performing his or her functions the designated judge may investigate any case in which an authorisation is issued under *section 5*or renewed or varied under *section 6*or an approval is granted under *section 7*or *8*.
(5) A person in charge of a Garda Síochána station within the meaning of section 99(10) of the Garda Síochána Act 2005, a place under the control of the Defence Forces or the Revenue Commissioners or any other place in which documents relevant to the performance of the functions of the designated judge are kept shall ensure that the designated judge has access to those places, and to the authorisations, written records of approval, reports and other relevant documents that the designated judge may request.
(6) The Taoiseach shall ensure that a copy of a report under *subsection (3)(b)* is laid before each House of the Oireachtas not later than 6 months after it is made, together with a statement of whether any matter has been excluded under *subsection (7)*.
(7) If the Taoiseach considers, after consultation with the designated judge, that the publication of any matter in a report, copies of which are to be laid before the Houses under *subsection (6)*, would be prejudicial to the security of the State, the Taoiseach may exclude that matter from those copies.
(8) Where the designated judge investigates a case under *subsection (4)* and is of the opinion that it is in the interests of justice to do so, he or she may refer that case to the Referee for an investigation under *section 11 (11)*.
##### 13. Confidentiality of information.
“Referee” means the holder of the office of Complaints Referee under the Act of 1993;
“relevant contravention” means a contravention of a provision of sections 4 to 8.
##### 12. **F41[Duties of Independent Examiner in relation to Act**
**12**.—(1) The Independent Examiner shall undertake the duties specified in this section.
(2) The Independent Examiner shall ascertain whether An Garda Síochána, the Police Ombudsman, the Defence Forces, the Revenue Commissioners and the Competition and Consumer Protection Commission are complying with this Act.
(3) For the purpose of performing his or her functions under*subsection (2)*, the Independent Examiner may investigate any case in which an authorisation is issued under*section 5*or renewed or varied under*section 6*or an approval is granted under*section 7*or*8*.
(4) Without prejudice to section 242 of the Act of 2024, a person in charge of a Garda Síochána premises within the meaning of Part 6 of the Act of 2024, a place under the control of the Police Ombudsman, the Defence Forces, the Revenue Commissioners or the Competition and Consumer Protection Commission or any other place in which documents relevant to the performance of the functions of the Independent Examiner are kept shall ensure that the Independent Examiner has access to those places, and to the authorisations, written records of approval, reports and other relevant documents that the Independent Examiner may request.
(5) Where the Independent Examiner investigates a case under*subsection (3)*and is of the opinion that it is in the interests of justice to do so, he or she may refer that case to the Referee for an investigation under*section 11(11)*.]
##### 13. **Confidentiality of information.**
**13**.— (1) A person shall not disclose, inside or outside the State, any information in connection with the operation of this Act in relation to surveillance carried out under an authorisation or under an approval granted in accordance with *section 7* or *8*, including any information or documents obtained as a result of such surveillance, or reveal the existence of an application for the issue of an authorisation, the variation or renewal of an authorisation under *section 6* or the grant of an approval under *section 7* or *8*, unless the disclosure is to an authorised person and is—
@@ -466,35 +502,45 @@
(4) In this section—
“ authorised person ” means—
(*a*) a person referred to in section 62(4)(*a*) of the Garda Síochána Act 2005,
“authorised person” means—
(*a*) a person referred to in F42[section 80 (4)(a)of the Act of 2024],
(*b*) the Minister for Defence,
F43[(*ba*) the Minister for Enterprise, Trade and Employment,]
(*c*) the Minister for Finance, and
(*d*) a person the disclosure to whom is—
(i) authorised by the Commissioner of the Garda Síochána, the Chief of Staff of the Defence Forces or a Revenue Commissioner, or
(i) authorised by the Commissioner of the Garda Síochána, F44[theF42[Police Ombudsman],] F45[the Chief of Staff of the Defence Forces, a Revenue Commissioner or the chairperson of the Competition and Consumer Protection Commission], or
(ii) otherwise authorised by law;
“ relevant person ” means a person who is or was—
(*a*) a member of the Garda Síochána, a member of the Defence Forces or an officer of the Revenue Commissioners,
(*b*) a reserve member of the Garda Síochána within the meaning of the Garda Síochána Act 2005,
“relevant person” means a person who is or was—
(*a*) a member of the Garda Síochána, F44[a designated officer of theF42[Police Ombudsman],] a member of the Defence Forces or an officer of the Revenue Commissioners,
F42[(*b*) a member of the Garda Síochána who holds the rank of reserve garda,]
F44[F42[(*ba*) an officer of the Police Ombudsman other than a designated officer of the Police Ombudsman,]]
F43[(*bb*) a member of, a member of the staff of, or an authorised officer of the Competition and Consumer Protection Commission,]
(*c*) a member of the Reserve Defence Force within the meaning of the Defence Act 1954,
(*d*) a member of the civilian staff of the Garda Síochána or of the Defence Forces, or
(*e*) engaged under a contract or other arrangement to work with or for the Garda Síochána, the Defence Forces or the Revenue Commissioners.
##### 14. Admissibility of evidence.
**14**.— (1) Evidence obtained as a result of surveillance carried out under an authorisation or under an approval granted in accordance with *section 7* or *8* may be admitted as evidence in criminal proceedings.
F42[(*d*) a member of garda staff (within the meaning of the*Act of 2024*) or a member of the civilian staff of the Defence Forces, or]
(*e*) engaged under a contract or other arrangement to work with or for the Garda Síochána, F44[theF42[Police Ombudsman],] F45[the Defence Forces, the Revenue Commissioners or the Competition and Consumer Protection Commission].
##### 14. **Admissibility of evidence.**
**14**.— F46[(1) Evidence obtained as a result of surveillance carried out under an authorisation or under an approval granted in accordance with*section 7*or*8*—
(*a*) may be admitted as evidence in criminal proceedings, and
(*b*) shall not be admitted as evidence in proceedings other than criminal proceedings, or used for the purpose of investigating any matter other than a criminal matter.]
(2) Nothing in this Act is to be construed as prejudicing the admissibility of information or material obtained otherwise than as a result of surveillance carried out under an authorisation or under an approval granted in accordance with *section 7* or *8*.
@@ -516,7 +562,7 @@
(v) the probative value of the information or document concerned.
(4) (*a*) Information or documents obtained as a result of surveillance carried out under an authorisation or under an approval granted in accordance with *section 7* or *8* may be admitted as evidence in criminal proceedings notwithstanding any failure by any member of the Garda Síochána, member of the Defence Forces or officer of the Revenue Commissioners concerned to comply with a requirement of the authorisation or approval concerned, if the court, having regard in particular to the matters specified in *paragraph (b)*, decides that—
(4) (*a*) Information or documents obtained as a result of surveillance carried out under an authorisation or under an approval granted in accordance with *section 7* or *8* may be admitted as evidence in criminal proceedings notwithstanding any failure by any member of the Garda Síochána, F47[designated officer of theF48[Police Ombudsman],] F46[member of the Defence Forces, officer of the Revenue Commissioners or authorised officer of the Competition and Consumer Protection Commission] concerned to comply with a requirement of the authorisation or approval concerned, if the court, having regard in particular to the matters specified in *paragraph (b)*, decides that—
(i) the member or officer concerned acted in good faith and that the failure was inadvertent, and
@@ -534,9 +580,9 @@
(v) the probative value of the information or document concerned.
(5) It shall be presumed, until the contrary is shown, that a surveillance device or tracking device used by a member of the Garda Síochána, a member of the Defence Forces or an officer of the Revenue Commissioners for the purposes referred to in this Act is a device capable of producing accurate information or material without the necessity of proving that the surveillance device or tracking device was in good working order.
##### 15. Disclosure of information.
(5) It shall be presumed, until the contrary is shown, that a surveillance device or tracking device used by a member of the Garda Síochána, F47[a designated officer of theF48[Police Ombudsman],] a F46[member of the Defence Forces, officer of the Revenue Commissioners or authorised officer of the Competition and Consumer Protection Commission] for the purposes referred to in this Act is a device capable of producing accurate information or material without the necessity of proving that the surveillance device or tracking device was in good working order.
##### 15. **Disclosure of information.**
**15**.— (1) Unless authorised by the court, the existence or non-existence of the following shall not be disclosed by way of discovery or otherwise in the course of any proceedings:
@@ -562,7 +608,7 @@
(*b*) the ability of the State to protect persons from terrorist activity, terrorist-linked activity, organised crime and other serious crime,
(*c*) the maintenance of the integrity, effectiveness and security of the operations of the Garda Síochána, the Defence Forces or the Revenue Commissioners, or
(*c*) the maintenance of the integrity, effectiveness and security of the operations of the Garda Síochána, F49[theF50[Police Ombudsman],] F51[Defence Forces, the Revenue Commissioners or the Competition and Consumer Protection Commission], or
(*d*) the ability of the State to protect witnesses, including their identities.
@@ -574,15 +620,15 @@
“terrorist activity” and “terrorist-linked activity” have the meanings they have in section 4 of, and Schedule 2 to, the Criminal Justice (Terrorist Offences) Act 2005.
##### 16. Regulations.
**16**.— (1) The Minister, the Minister for Defence and the Minister for Finance may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed by him or her.
##### 16. **Regulations.**
**16**.— (1) The Minister, F52[the Minister for Defence, the Minister for Finance and the Minister for Enterprise, Trade and Employment] may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed by him or her.
(2) Regulations made under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister of the Government making them to be necessary or expedient for the purposes of the regulations.
(3) Every regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
##### 17. Amendment of Garda Síochána Act 2005.
##### 17. **Amendment of Garda Síochána Act 2005.**
**17**.— The definition of “enactment” in section 98(5) of the Garda Síochána Act 2005 is amended by—
@@ -594,7 +640,7 @@
“(*c*) any provision of the *Criminal Justice (Surveillance) Act 2009*;”.
##### 18. Amendment of Courts (Supplemental Provisions) Act 1961.
##### 18. **Amendment of Courts (Supplemental Provisions) Act 1961.**
**18**.— Section 32A(1) (inserted by section 180 of the Criminal Justice Act 2006) of the Courts (Supplemental Provisions) Act 1961 is amended—
@@ -604,6 +650,7 @@
“(*d*) the power to issue, vary or renew an authorisation under *section 5*or *6* of the *Criminal Justice (Surveillance) Act 2009*.”.
##### 19. Short title.
##### 19. **Short title.**
**19**.— This Act may be cited as the Criminal Justice (Surveillance) Act 2009.
2009-07-12
Criminal Justice (Surveillance) Act 2009
original version
Text at this date