District Court Rules
Schedule: B - Forms in criminal proceedings Form: 34A.12 Variation / renewal of authorisation - Criminal Justice (Surveillance) Act 2009, section 6(1)
S.I. No. 360 of 2010
No. 34A.12
Schedule B
O.34A, r. 2(4)
Criminal Justice (Surveillance) Act 2009, section 6(1)
*VARIATION/*RENEWAL OF AUTHORISATION
District Court Area of
District No.
WHEREAS
1. an Authorisation under section 5 of the Criminal Justice (Surveillance) Act 2009, hereinafter referred to as “the Act”, was issued *by me/*by Judge .......... of the District Court at ......... on the .... day of .......... 20... authorising the carrying out of surveillance
(a) by the use of a surveillance device the particulars of the same being
........................
(b) *the person to be the subject of the surveillance being
........................
*the place to be the subject of the surveillance being
........................
*the thing to be the subject of the surveillance being
........................
........................
as *I/*the said Judge considered appropriate
(e) the date of expiry of the surveillance was the...day of ......... 20..., which date of expiry *I/*the said Judge considered reasonable in the circumstances, being not later than three months from the date of the said Authorisation.
*and the said Authorisation further authorised:
* ................ of ................. the Superior Officer
* ................ of .................. an officer of the Revenue Commissioners designated by ................... of ...................the Superior Officer, accompanied by any other person whom he/she considered necessary, to enter, if necessary by the use of reasonable force, a place, namely,..........................., for the purpose 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.
*2. the said Authorisation was renewed *by me/*by Judge .......... of the District Court at ............ District Court on the ... day of ........ 20....
3. the said Authorisation will expire on the ..... day of ....... 20.....
4. from the information on oath and in writing under section 6 of the Act of 2009 sworn before me on this day, by the above-named applicant, of ............., an officer of the Revenue Commissioners not below the rank of Principal Officer, and a Superior Officer within the meaning of section 1 of the Act,
*I AM SATISFIED THAT: An operation or investigation is continuing to be conducted by the Revenue Commissioners concerning a revenue offence *contrary to *under
*section 186 of the Customs Consolidation Act 1876
*section 1078 of the Taxes Consolidation Act 1997
*section 102 of the Finance Act 1999
*section 119 of the Finance Act 2001
*section 79 (inserted by section 62 of the Finance Act 2005) of the Finance Act 2003
*section 78 of the Finance Act 2005,
namely ...............
The surveillance authorised by the said Authorisation *varied *renewed as is hereinafter set out is necessary for the purpose of
* obtaining information as to whether the offence has been committed
* obtaining information as to the circumstances relating to the commission of the offence
* obtaining evidence for the purposes of proceedings in relation to the offence
*I AM SATISFIED THAT: the surveillance authorised by the said Authorisation *varied *renewed as is hereinafter set out is necessary for the purpose of preventing the commission of revenue offences.
AND I AM SATISFIED THAT: the *variation *renewal of the said Authorisation as is hereinafter set out is justified having regard to the matters referred to in section 4(5) of the Act and all other relevant circumstances and that the surveillance authorised by the said Authorisation, *varied *renewed as is hereinafter set out, is
(a) the least intrusive means available, having regard to its objective and other relevant considerations
(b) proportionate to its objectives, having regards to all the circumstances including the likely impact on the rights of any person, and
(c) of a duration that is reasonably required to achieve its objectives.
AND I AM SATISFIED THAT: the Authorisation *varied *renewed as is hereinafter set out is not likely to relate primarily to communications protected by privilege
AND I CONSIDER that the *variation *renewal by me of the said Authorisation as hereinafter set out is reasonable
I HEREBY *VARY *RENEW the said AUTHORISATION under section 5 of the Act for the carrying out of surveillance
(a) by the use of a surveillance device the particulars of the same being
........................
(b) *the person who is to be the subject of the surveillance being
........................
*the place to be the subject of the surveillance being
........................
*the thing to be the subject of the surveillance being
........................
........................
as I consider appropriate
(e) the date of expiry of the surveillance authorised by the said Authorisation *as varied *as renewed being the .... day of ........... 20 ... which date of expiry I consider reasonable in the circumstances, being not later than three months from the date hereof.
*AND THIS AUTHORISATION AS *VARIED *RENEWED *FURTHER RENEWED AUTHORISES:
* ............. of .............. the Superior Officer
* ............ of ........... an officer of the Revenue Commissioners designated by ............... of ............... the Superior Officer, accompanied by any other person whom he/she considers necessary, to enter, if necessary by the use of reasonable force, a place, namely,................, for the purpose 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.
Dated this ..... day of .......... 20....
Signed ......................
Judge of the District Court
To the said Superior Officer,
....................
of ................
* Delete any words or paragraphs which are inapplicable.
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