Criminal Justice (Drug Trafficking) Act, 1996
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Search warrants. |
8.—(1) Subsection (1) of section 26 of the Act of 1977 is hereby amended— | |
(a) by the insertion after “Garda Síochána” of “or if, subject to the provisions of subsection (2) of section 8 of the Criminal Justice (Drug Trafficking) Act, 1996, a member of the Garda Síochána not below the rank of superintendent is satisfied”, and | ||
(b) by the substitution for “such Justice or Commissioner” of “such Justice, Commissioner or, as the case may be, member”. | ||
(2) A member of the Garda Síochána not below the rank of superintendent shall not issue a search warrant under the said section 26 unless he or she is satisfied— | ||
(a) that the warrant is necessary for the proper investigation of a drug trafficking offence, and | ||
(b) that circumstances of urgency giving rise to the need for the immediate issue of the search warrant would render it impracticable to apply to a judge of the District Court or a Peace Commissioner under the said section 26 for the issue of the warrant. | ||
(3) Notwithstanding subsection (2) of section 26 of the Act of 1977, a search warrant issued by a member of the Garda Síochána not below the rank of superintendent under subsection (1) of that section shall cease to have effect after a period of 24 hours has elapsed from the time of the issue of the warrant. |