District Court Rules
Schedule: B - Forms in criminal proceedings Form: 34A.4 Authorisation - Criminal Justice (Surveillance) Act 2009, section 5
S.I. No. 360 of 2010
No. 34A.4
Schedule B
O. 34A, r 2(2)
Criminal Justice (Surveillance) Act 2009, section 5
AUTHORISATION
WHEREAS I AM SATISFIED by information on oath and in writing of ................. of ..............., a member of the Defence Forces not below the rank of colonel, and a Superior Officer of the Defence Forces within the meaning of section 1 of the Criminal Justice (Surveillance) Act 2009, hereinafter referred to as “the Act”, that:—
the surveillance authorised hereby is necessary for the purpose of maintaining the security of the State, and
the surveillance authorised hereby is
(a) the least intrusive means available, having regard to its objectives and other relevant considerations,
(b) proportionate to its objectives, having regard to all the circumstances including its likely impact on the rights of any person, and
(c) of a duration that is reasonably required to achieve its objectives and
the surveillance authorised hereby is not likely to relate primarily to communications protected by privilege
the issue of the Authorisation herein is justified having regard to the matters referred to in subsection (5) of section 4 of the Act and to all relevant circumstances
*The said Superior Officer approved the carrying out of surveillance in accordance with subsection (3) of section 7 of the Act and has applied under subsection (4) of section 4 of the Act for said surveillance to be continued and having regard to a copy of the written record of approval under subsection (3) of section 7 of the Act, and to the summary of the results of the surveillance carried out pursuant to that approval produced with said application
I HEREBY ISSUE AN 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
........................
(c) the Superior Officer to whom this Authorisation is issued being the said Superior Officer named above
*(d) the conditions imposed in respect of the surveillance authorised are
........................
as I consider appropriate
(e) the date of expiry of the surveillance 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 WHEREAS I AM SATISFIED THAT there are reasonable grounds for believing that, for the purposes of the Authorisation sought, it will be necessary for the Defence Forces to enter, if necessary by the use of reasonable force, a place, namely .............., for the purposes of initiating or carrying out the surveillance to be authorised, and withdrawing the authorised surveillance device, without the consent of a person who owns or is in charge of the said place.
*THIS AUTHORISATION FURTHER AUTHORISES:
* ...................... of ....................... the Superior Officer
* ...................... of ....................... a member of the Defence Forces 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.
Issued this ....... day of ........... 20....
..........................
Judge of the District Court
To the said Superior Officer,
..........................
of ......................
* Delete any words or paragraphs which are inapplicable
|