District Court Rules

ORDER 34A

CRIMINAL JUSTICE (SURVEILLANCE) ACT, 2009

1. In this Order

‘the Act’ means the Criminal Justice (Surveillance) Act, 2009 (No 19 of 2009);

‘authorisation’, ‘revenue offence’, ‘superior officer’ and ‘surveillance’ each has the meaning provided for each in section 1 of the Act.

[SI 314/10]

2. (1) An application by a superior officer of the Garda Síochána under subsection (1) of section 4 of the Act to a Judge of the District Court for an authorisation shall be made by information on oath and in writing of the applicant in the Form 34A.1, Schedule B. An authorization issued on such an application by the District Court Judge under section 5(2) of the Act shall be in the Form 34A.2, Schedule B.

(2) An application by a superior officer of the Defence Forces under subsection (2) of section 4 of the Act to a Judge of the District Court for an authorisation shall be made by information on oath and in writing of the applicant in the Form 34A.3, Schedule B. An authorisation issued on such an application shall be in the Form 34A.4, Schedule B.

(3) An application by a superior officer of the Revenue Commissioners under subsection (3) of section 4 of the Act to a Judge of the District Court for an authorisation shall be made by information on oath and in writing of the applicant in the Form 34A.5, Schedule B. An authorisation issued on such an application shall be in the Form 34A.6, Schedule B.

(4) An application under section 6 of the Act by the superior officer to whom an authorisation was issued to—

(a) vary the authorisation, or

(b) renew the authorisation on the same or different conditions, for such further period, not exceeding three months, as the Judge considers appropriate may be made to a Judge of the District Court before the authorisation concerned, or any previous renewal of that authorisation, as the case may be, has expired. The original authorisation and any renewal or variation of the authorisation shall be produced to the Judge on any application of the superior officer under section 6 of the Act.

(5) An application under section 6 of the Act shall be made by information on oath and in writing of the applicant in the Form 34A.7, 34A.8 or 34A.9, Schedule B, as the case may be and a variation or renewal of the authorisation on the same or different conditions shall be in the Form 34A.10, 34A.11 or 34A.12, Schedule B, as the case may be.

(6) An application mentioned in subsection (10) of section 7 of the Act under subsection (4) of section 4 of the Act by the superior officer to a Judge of the District Court for an authorisation to continue the surveillance approved by the Superior Officer under subsection (3) of section 7 of the Act shall be made on oath and in writing of the applicant and in the Form 34A.13, 34A.14, or 34A.15, as the case may be.

(7) Applications to which this Order applies shall be made ex parte and otherwise than in public and may be made in chambers.

[SI 314/10]

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