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Garda Investigations

Dáil Éireann Debate, Wednesday - 17 April 2013

Wednesday, 17 April 2013

Questions (201)

Luke 'Ming' Flanagan

Question:

201. Deputy Luke 'Ming' Flanagan asked the Minister for Justice and Equality the reason the computer and DVDs taken 10 months ago from a person (details supplied) in County Galway have not been returned; the legislation under which An Garda Síochána are entitled to hold this private property [17943/13]

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Written answers

I am informed by the Garda authorities that the home of the person referred to was searched under warrant pursuant to Section 10 of the Criminal Justice (Miscellaneous Provisions) Act, 1997. During the course of this search, a number of items were seized. I am advised that the items concerned are being retained in the context of an ongoing Garda investigation and that it is usual for such items to be retained until the conclusion of any relevant proceedings. I am also advised that the applicable legislation for the retention of items in such circumstances is Section 7(1)(b) of the Criminal Justice Act, 2006.

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