Prohibition of Incitement To Hatred Act, 1989
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Search and seizure. |
9.—(1) (a) If a justice of the District Court or a Peace Commissioner is satisfied on the sworn information of a member of the Garda Síochána not below the rank of sergeant that there are reasonable grounds for suspecting that material or a recording the possession of which would be in contravention of section 4 or a script or recording referred to in section 3 (8) is in or at any premises or other place, he may issue a warrant under his hand authorising any member of the Garda Síochána, accompanied by any other members of the Garda Síochána, at any time or times within one month from the date of the issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, and search the premises or other place specified in the warrant and— | |
(i) to seize any such recording, material or script as aforesaid found there, and | ||
(ii) to require any person found there to give him his name and address. | ||
(b) A justice of the District Court or a Peace Commissioner shall not issue a warrant under paragraph (a) in relation to a script or recording referred to in section 3 (8) unless he is satisfied by information on oath— | ||
(i) that a requirement specified in subparagraph (I) of section 3 (8) (a) was made in relation to it and was not complied with, | ||
(ii) that the requirement specified in subparagraph (II) of section 3 (8) (a) was made in relation to it and was not complied with, or | ||
(iii) that, in all the circumstances, it is necessary to issue the warrant notwithstanding that a requirement specified in the said subparagraph (I) or that specified in the said subparagraph (II) was not made in relation to it. | ||
(2) A person who— | ||
(a) obstructs or interferes with a member of the Garda Síochána acting under the authority of a warrant under this section, or | ||
(b) is found in or at the premises or other place specified in the warrant by a member of the Garda Síochána acting as aforesaid and who fails or refuses to give the member his name and address when required by the member to do so or gives him a name or address that is false or misleading, | ||
shall be guilty of an offence and shall be liable on summary conviction— | ||
(i) if the offence is under paragraph (a), to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or | ||
(ii) if the offence is under paragraph (b), to a fine not exceeding £500. | ||
(3) In this section “premises” includes a vehicle, vessel, aircraft or hovercraft or an installation in the territorial seas or in a designated area (within the meaning of the Continental Shelf Act, 1968 ) or a tent, caravan or other temporary or moveable structure; and a vessel or hovercraft or such an installation as aforesaid may be treated, for the purposes of the jurisdiction of a justice of the District Court under this section, as being in any place in the State. |