District Court Rules
Schedule: B - Forms in criminal proceedings Form: 34A.1 Information for an authorisation - Criminal Justice (Surveillance) Act 2009, section 4
S.I. No. 360 of 2010
No. 34A.1
Schedule B
O. 34 A, r 2(1)
Criminal Justice (Surveillance) Act 2009, section 4
INFORMATION FOR AN AUTHORISATION
District Court Area of
District No.
The information of ................... of An Garda Síochána, ................., who says on Oath—
1. I am a member of the Garda Síochána not below the rank of Superintendent and a Superior Officer within the meaning of section 1 of the Criminal Justice (Surveillance) Act 2009, which I hereinafter refer to as “the Act”.
2. I hereby apply for an Authorisation to carry out surveillance (within the meaning of that word as provided for in section 1 of the Act). I set out the details of the surveillance for which I seek an Authorisation and of the surveillance device within the meaning of that phrase as provided for in section 1 of the Act in my information hereunder.
†3. The Garda Síochána are conducting an operation or investigation concerning an arrestable offence, within the meaning of section 2 (as amended by section 8 of the Criminal Justice Act 2006) of the Criminal Law Act 1997, namely
...............
(here specify the offence in question)
*I believe that the surveillance being sought to be authorised, as part of the said operation or investigation, is necessary for the purposes of obtaining information as to whether the offence has been committed. I give details of the grounds I have for so believing in this my information hereunder.
*I believe that the surveillance being sought to be authorised, as part of the said operation or investigation, is necessary for the purposes of obtaining information as to the circumstances relating to the commission of the offence. I give details of the grounds for so believing in this my information hereunder.
* I believe that the surveillance being sought to be authorised, as part of the said operation or investigation, is necessary for the purposes of obtaining evidence for the purposes of proceedings in relation to the offence. I give details of the grounds I have for so believing in this my information hereunder.
†3. I believe that the surveillance being sought to be authorised is necessary for the purposes of preventing the commission of arrestable offences within the meaning of section 2 (as amended by section 8 of the Criminal Justice Act 2006) of the Criminal Law Act 1997. I give details of the grounds I have for so believing in this my information hereunder.
†3. I believe that the surveillance being sought to be authorised is necessary for the purpose of maintaining the security of the State. I give details of the grounds for so believing in this my information hereunder.
4. I believe that the surveillance being sought to be authorised is
(a) the least intrusive means available, having regard to the 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.
*5. I believe that for the purposes of the Authorisation sought, it will be necessary for the Garda Síochána 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.
My grounds for so believing I set out hereunder.
6. The period during which the surveillance is intended to be carried out is from the ....... day of ............. 20 .... to the ....... day of .......... 20.... (being a period not exceeding three months).
I say further and give the following information:
7. Details of the surveillance being sought to be authorised:—
.....................
8. Details of the surveillance device intended to be used for the surveillance sought to be authorised
......................
9. *My grounds for believing that the surveillance being sought to be authorised is necessary for the purposes of obtaining information as to whether the offence hereinbefore referred to has been committed are:—
........................
*My grounds for believing that the surveillance being sought to be authorised is necessary for the purposes of obtaining information as to the circumstances relating to the commission of the offence hereinbefore referred to are:—
........................
*My grounds for believing that the surveillance being sought to be authorised is necessary for the purposes of obtaining evidence for the purposes of proceedings in relation to the offence hereinbefore referred to are:—
........................
*My grounds for believing that the surveillance being sought to be authorised is necessary for the purpose of preventing the commission of arrestable offences are:—
........................
*My grounds for believing that the surveillance being sought to be authorised is necessary for the purpose of maintaining the security of the State are:—
........................
10. My grounds for believing that the surveillance being sought to be authorised is the least intrusive means available having regard to the objectives and to other relevant circumstances are:—
........................
11. My grounds for believing that the surveillance being sought to be authorised is proportionate to its objectives having regard to all the circumstances and its likely impact on the rights of any person are:—
........................
12. My grounds for believing that the duration of the surveillance sought to be authorised is reasonably required to achieve its objectives are:—
........................
*13. My grounds for believing that it will be necessary for the Garda Síochána to enter, if necessary by the use of reasonable force, the place aforesaid, 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 are as follows:
........................
AND I hereby apply for an Authorisation under section 5 of the Act of the surveillance proposed for the period of .............. from the issue of the said Authorisation to the .... day of ......... 20.... (being a period not exceeding three months)
*AND I apply that an Authorisation granted under section 5 of the Act should authorise *me as the Superior Officer so authorised/*a member of the Garda Síochána designated by me as the Superior Officer so authorised, accompanied by any other person whom *I consider/*said member considers necessary, to enter, if necessary by the use of reasonable force, the said place for the purposes 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 said place.
Signed: .....................
Informant
Sworn before me this ....... day of ........ 20...
Signed: .....................
Judge of the District Court
* Delete any words or paragraphs which are inapplicable, including any options which do not apply to the case
† One of the alternatives for this paragraph must be included.
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