David Stanton
Ceist:1414 Mr. Stanton asked the Minister for Justice, Equality and Law Reform the criteria for a search warrant to be issued to the Garda Síochána; and if he will make a statement on the matter. [17142/02]
Written Answers. - Search Warrants.
The circumstances in which a search warrant may be issued to An Garda Síochána depends on the statutory provisions, if any, applicable to the offence concerned. Examples of such provisions, of which there are many, are section 26 of the Misuse of Drugs Act, 1977, section 29 of the Offences against the State Act, 1939, and section 48 of the Criminal Justice (Theft and Fraud Offences) Act, 2001. Section 10 of the Criminal Justice (Miscellaneous Provisions) Act, 1997, contains a general search warrant provision in relation to serious offences, that is, indictable offences involving the death of or serious bodily injury to a person, false imprisonment, rape and certain other sexual offences. It provides, on the hearing of evidence on oath given by a member of the Garda Síochána not below the rank of inspector, for the issuing by a judge of the District Court of a warrant authorising a named member, accompanied by any other member, of an Garda Síochána to search a place and any persons found at that place, if the judge is satisfied that there are reasonable grounds for suspecting evidence of or relating to the commission of such an offence is to be found in such place.