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PART 2
Investigation of Offences
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Designation of place as crime scene.
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5.—(1) Where a member of the Garda Síochána is in—
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(a) a public place, or
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(b) any other place under a power of entry authorised by law or to which or in which he or she was expressly or impliedly invited or permitted to be,
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and he or she has reasonable grounds for believing that—
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(i) an arrestable offence was, is being, or may have been committed in the place, or
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(ii) there is, or may be, in the place evidence of, or relating to, the commission of an arrestable offence that was or may have been committed elsewhere,
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he or she may, pending the giving of a direction under subsection (3) in relation to the place, take such of the steps specified in subsection (4) as he or she reasonably considers necessary to preserve any evidence of, or relating to, the commission of the offence.
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(2) A member of the Garda Síochána who exercises powers under subsection (1) shall, as soon as reasonably practicable, request or cause a request to be made to a member of the Garda Síochána not below the rank of superintendent to give a direction under subsection (3) in relation to the place concerned.
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(3) A member of the Garda Síochána not below the rank of superintendent may give a direction designating a place as a crime scene if he or she has reasonable grounds for believing that—
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(a) either—
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(i) an arrestable offence was, is being, or may have been committed in the place, or
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(ii) there is, or may be, in the place evidence of, or relating to, the commission of an arrestable offence that was, or may have been, committed elsewhere,
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and
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(b) it is necessary to designate the place as a crime scene to preserve, search for and collect evidence of, or relating to, the commission of the offence.
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(4) A direction under subsection (3) shall authorise such members of the Garda Síochána as a member of the Garda Síochána not below the rank of superintendent considers appropriate to take such steps, including all or any of the following, as they reasonably consider necessary to preserve, search for and collect evidence at the crime scene to which the direction relates:
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(a) delineating and segregating the area of the crime scene by means of notices, markings or barriers;
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(b) directing a person to leave the crime scene;
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(c) removing a person who fails to comply with a direction to leave the crime scene;
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(d) directing a person not to enter the crime scene;
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(e) preventing a person from entering the crime scene;
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(f) permitting a person authorised under subsection (5) to enter the crime scene;
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(g) preventing a person from removing anything which is, or may be, evidence or otherwise interfering with the crime scene or anything at the scene;
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(h) securing the crime scene from any unauthorised intrusion or disturbance;
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(i) searching the crime scene and examining the scene and anything at the scene; and
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(j) photographing or otherwise recording the crime scene or anything at the scene.
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(5) A member of the Garda Síochána not below the rank of superintendent may authorise such persons as he or she considers appropriate to enter a crime scene for a specified purpose and for such period as he or she may determine.
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(6) The period for which a direction under subsection (3) is in force shall not be longer than is reasonably necessary to preserve, search for and collect the evidence concerned.
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(7) A direction under subsection (3) in relation to a place other than a public place shall, subject to subsections (9) to (11), cease to be in force 24 hours after it is given.
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(8) (a) A direction under subsection (3) may be given orally or in writing and, if it is given orally, shall be recorded in writing as soon as reasonably practicable but a failure to record the direction shall not by itself render any evidence inadmissible.
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(b) A direction under subsection (3) or, if it is given orally, the written record of it shall be signed by the member of the Garda Síochána giving it, shall describe the place thereby designated as a crime scene, shall state the date and time when it is given, the name and rank of the member giving it and that the member has reasonable grounds for believing that the direction is necessary to preserve, search for and collect the evidence concerned.
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(9) If a judge of the District Court is satisfied by information on oath of a member of the Garda Síochána not below the rank of superintendent that—
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(a) a direction under subsection (3) designating a place as a crime scene is in force,
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(b) there are reasonable grounds for believing that there is, or may be, evidence at the crime scene,
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(c) the continuance of the direction in force is necessary to preserve, search for and collect any such evidence, and
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(d) the investigation of the offence to which any such evidence relates is being conducted diligently and expeditiously,
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the judge may make an order continuing the direction in force for such further period, not exceeding 48 hours, as may be specified in the order commencing upon the expiration of the period for which the direction is in force.
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(10) A direction under subsection (3) may be continued in force under subsection (9) not more than three times.
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(11) If the High Court is satisfied, upon application being made to it in that behalf by a member of the Garda Síochána not below the rank of superintendent, that—
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(a) a direction under subsection (3) designating a place as a crime scene is in force,
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(b) there are reasonable grounds for believing that there is, or may be, evidence at the crime scene,
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(c) exceptional circumstances exist which warrant the continuance of the direction in force to preserve, search for and collect any such evidence, and
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(d) the investigation of the offence to which any such evidence relates is being conducted diligently and expeditiously,
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the Court may make an order continuing the direction in force for such period as it considers appropriate and that is specified in the order (whether or not the direction has been continued in force under subsection (9)) commencing upon the expiration of the period for which the direction is in force.
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(12) A member of the Garda Síochána who intends to make an application under subsection (9) or (11) shall, if it is reasonably practicable to do so before the application is made, give notice of it to—
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(a) the occupier of the place the subject of the application, or
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(b) if it is not reasonably practicable to ascertain the identity or whereabouts of the occupier or the place is unoccupied, the owner, unless it is not reasonably practicable to ascertain the identity or whereabouts of the owner.
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(13) If, on an application under subsection (9) or (11), the occupier or owner of the place concerned applies to be heard by the Court, an order shall not be made under subsection (9) or (11), as may be appropriate, unless an opportunity has been given to the person to be heard.
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(14) The High Court or a judge of the District Court, as may be appropriate, may attach such conditions as the Court or the judge considers appropriate to an order under subsection (9) or (11) for the purpose of protecting the interests of the occupier or owner of the place which is the subject of the order.
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(15) A direction under subsection (3) shall be deemed to continue in force until the determination of an application under subsection (9) or (11) if—
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(a) the direction is in force when the application is made, and
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(b) the direction would, but for this subsection, expire before the determination of the application by reason of the fact that, pursuant to subsection (13), an opportunity is given to a person to be heard.
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(16) A person who obstructs a member of the Garda Síochána in the exercise of his or her powers under this section or who fails to comply with a direction under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.
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(17) A member of the Garda Síochána may arrest without warrant any person whom the member reasonably suspects of committing or having committed an offence under subsection (16).
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(18) Nothing in this section shall prevent—
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(a) the designation of a place as a crime scene, or
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(b) a member of the Garda Síochána from taking any of the steps referred to in subsection (4) at a place so designated,
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if the owner or occupier of the place consents to such designation or the taking of any of those steps.
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(19) In this section—
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“ evidence” means evidence of, or relating to, the commission of an arrestable offence;
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“ preserve”, in relation to evidence, includes any action to prevent the concealment, loss, removal, contamination or destruction of, or damage or alteration to, the evidence.
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