S.I. No. 360/2010 - District Court (Criminal Justice (Surveillance) Act 2009) (No. 2) Rules 2010.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 23rd July, 2010.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act 1924 , section 72 of the Courts of Justice Act 1936 , section 34 of the Courts (Supplemental Provisions) Act 1961 and section 24 of the Interpretation Act 2005 , do hereby, with the concurrence of the Minister for Justice and Law Reform, make the following rules of court.

Dated this 12th day of July 2010.

Brian Sheridan

Shalom Binchy

Roy Pearson

Noel A Doherty

I concur in the making of the following rules of court.

Dated this 20th day of July 2010.

DERMOT AHERN,

Minister for Justice and Law Reform.

S.I. No. 360 of 2010

DISTRICT COURT (CRIMINAL JUSTICE (SURVEILLANCE) ACT 2009) (No. 2) RULES 2010

1. These rules may be cited as the District Court (Criminal Justice (Surveillance) Act 2009) (No. 2) Rules 2010.

2. These rules shall come into operation on the 22nd day of July 2010 and shall be construed together with all other District Court Rules 1997 to 2010.

3. The Forms numbered 34A.1 to 34A.15 in Schedule B of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) shall be deleted and the Forms bearing the like numbers in Schedule 1 hereof shall be added to the Forms in Schedule B of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) in substitution therefor.

SCHEDULE

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

*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.

No. 34A.2

Schedule B

O. 34A, r 2(1)

Criminal Justice (Surveillance) Act 2009, section 5

AUTHORISATION

WHEREAS by Information on oath and in writing of of ..............................................., 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 , hereinafter referred to as “the Act”,

*I AM SATISFIED THAT:

As part of an operation or investigation, being conducted by An Garda Síochána concerning an arrestable offence namely the surveillance authorised and hereinafter set out is necessary:—

* for the purposes of obtaining information as to whether the offence has been committed

* for the purposes of obtaining information as to the circumstances relating to the commission of the offence

* for the purposes of obtaining evidence for the purposes of proceedings in relation to the offence

* I AM SATISFIED THAT:

the surveillance authorised and hereinafter set out is necessary for the purpose of preventing the commission of arrestable offences

* I AM SATISFIED THAT:

the surveillance authorised and hereinafter set out is necessary for the purpose of maintaining the security of the State

AND I AM SATISFIED THAT:

to issue the Authorisation hereinafter set out is justified having regard to the matters referred to in section 4(5) of the Act and all other relevant circumstances and that the surveillance hereinafter set out is

(a) the least intrusive means available, having regard to its objective and other relevant considerations

(b) proportionate to its objectives, having regards to all the circumstances including the likely impact on the rights of any person, and

AND I AM SATISFIED THAT:

the Authorisation hereinafter set out is not likely to relate primarily to communications protected by privilege

I CONSIDER that the Authorisation issued herein by me and as hereinafter set out is reasonable

*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

*(d) the conditions imposed in respect of the surveillance authorised are

as I consider appropriate

(e) The date of expiry of the surveillance being theday 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 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,

*THIS AUTHORISATION FURTHER AUTHORISES:

* of the Superior Officer

* of a member of the GardaSíochána 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

No. 34A.3

Schedule B

O. 34A, r 2(2)

Criminal Justice (Surveillance) Act 2009, section 4

INFORMATION FOR AN AUTHORISATION

District Court Area of District No.

The information of

of , who says on Oath—

1. I am a member of the Defence Forces not below the rank of Colonel 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 under section 5 of the Act 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. *I believe that the surveillance for which I seek authorisation is necessary for the purpose of maintaining the security of the State. I give details of the grounds I have for so believing hereunder in this my information.

4. *I believe that the surveillance being sought to be authorised 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

My grounds for so believing I set out hereunder in this my information.

5. I believe 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.

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 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:—

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, 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, 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 Defence Forces 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

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 theDefence 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

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

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

*(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 Forcesdesignated 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

No. 34A.5

Schedule B

O. 34A, r 2(3)

Criminal Justice (Surveillance) Act 2009, section 4

INFORMATION FOR AN AUTHORISATION

District Court Area of District No.

The information of of the Revenue Commissioners, , who says on Oath—

1. I am an Officer of the Revenue Commissioners not below the rank of Principal Officer, 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 Revenue Commissioners are carrying out an operation or investigation concerning a revenue offence *contrary to *under

* section 186 of the Customs Consolidation Act 1876

* section 1078 of the Taxes Consolidation Act 1997

* section 102 of the Finance Act 1999

* section 119 of the Finance Act 2001

* section 79 (inserted by section 62 of the Finance Act 2005 ) of the Finance Act 2003

* section 78 of the Finance Act 2005 , namely

(here specify the revenue 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 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 revenue offences. I give details of the grounds I have 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

My grounds for so believing I set out in this my information hereunder.

5. 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).

*6. I believe that, for the purposes of the Authorisation sought, it will be necessary for the Revenue Commissioners 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.

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:—

†9. My grounds for believing that the surveillance being sought to be authorised is necessary for the purpose of preventing the commission of revenue offences 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:—

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, for the purposes of the Authorisation sought, it will be necessary for an officer of the Revenue Commissioners 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 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/*an officer of the Revenue Commissioners designated by me as the Superior Officer so authorised, accompanied by any other person whom *I consider/*said officer 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.

No. 34A.6

Schedule B

O. 34A, r 2(3)

Criminal Justice (Surveillance) Act 2009, section 5

AUTHORISATION

WHEREAS by information on oath and in writing of..of the Revenue Commissioners, , a Superior Officer within the meaning of section 1 of the Criminal Justice (Surveillance) Act 2009 , hereinafter referred to as “the Act”,

*I AM SATISFIED THAT

An operation or investigation is being conducted by the Revenue Commissioners concerning a revenue offence *contrary to *under

* section 186 of the Customs Consolidation Act 1876

* section 1078 of the Taxes Consolidation Act 1997

* section 102 of the Finance Act 1999

* section 119 of the Finance Act 2001

* section 79 (inserted by section 62 of the Finance Act 2005 ) of the Finance Act 2003

* section 78 of the Finance Act 2005

being the revenue offence of .

AND I AM SATISFIED THAT as part of that operation or investigation being conducted as aforesaid the surveillance authorised hereby is necessary for the purpose of

* obtaining information as to whether the offence has been committed

* obtaining information as to the circumstances relating to the commission of the offence

* obtaining evidence for the purposes of proceedings in relation to the offence

* I AM SATISFIED THAT

the surveillance authorised hereby is necessary for the purposes of preventing the commission of revenue offences.

I AM SATISFIED THAT 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

I AM SATISFIED THAT having regard to the matters referred to in subsection (5) of section 4 of the Act and all other relevant circumstances I consider that the Authorisation issued hereby is reasonable and justified.

I AM SATISFIED THAT the surveillance authorised herein is not likely to relate primarily to communications protected by privilege.

I AM SATISFIED THAT it is reasonable in the circumstances that this Authorisation shall expire on the .. day of .. 20.

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

*(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 an officer of the Revenue Commissioners 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.

*AND THIS AUTHORISATION FURTHER AUTHORISES:

* of the Superior Officer* of an officer of the RevenueCommissioners designated by of , the SuperiorOfficer, 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

No. 34A.7

Schedule B

O.34A, r. 2(4)

Criminal Justice (Surveillance) Act 2009, section 6(1)

INFORMATION FOR *VARIATION *RENEWAL OF 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 , to which I hereinafter refer as “the Act”.

2. An Authorisation was issued to me by Judge..of the District Court at . on theday of . 20 pursuant to 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 was 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

*(d) the conditions imposed in respect of the surveillance authorised being

(e) the date of expiry of the surveillance being theday of .. 20.

*and the said Authorisation further authorised

*me, the Superior Officer, * .. of a member of the Garda Síochána designated by me, the Superior Officer, accompanied by any other person whom *I/*he/*she considered necessary, to enter, if necessary by the use of reasonable force, a place, namely., for the purpose of initiating or carrying out authorised surveillance, and withdrawing the authorised surveillance device, without the consent of a person who owns or is in charge of the place.

*3. The said Authorisation was renewed by Judge..of the District Court at . on theday of . 20.

4. The said Authorisation will expire on the. day of. 20..

5. *I believe that the variation of the said Authorisation in the following terms is justified

*I believe that the *(further) renewal of the said Authorisation *on the same conditions *on different conditions, namely, that for a further period of is justified.

My grounds for so believing I set out in this my information hereunder.

6. The Garda Síochána are continuing to conduct 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)

7. As part of that operation or investigation, I hereby apply for a *variation*renewal of the said Authorisation to carry out surveillance (within the meaning of that word as provided for in section 1 of the Act) in the terms set out above.

†8. *I believe that the *variation *renewal of the Authorisation to carry out 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 *variation *renewal of the Authorisation to carry out 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.

*I believe that the *variation *renewal of the Authorisation to carry out surveillance being sought 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.

†8. I believe that the *variation *renewal of the Authorisation to carry out surveillance being sought 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.

†8. I believe that the *variation *renewal of the Authorisation to carry out surveillance being sought 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.

9. I believe that the *variation *renewal of the Authorisation to carry out surveillance being sought would involve surveillance which 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

My grounds for so believing I set out hereunder.

*10. I believe that, if the *variation *renewal of the Authorisation to carry out surveillance being sought is granted, it will *(continue to) 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.

11. The period during which the surveillance on foot of the *variation *renewal of the Authorisation to carry out surveillance is intended to be carried out is from the day of. 20. to the.. day of.. 20.

I say further and give the following information:

12. Details of the surveillance device intended to be used pursuant to the variation of the Authorisation to carry out surveillance being sought

†13. *My grounds for believing that the *variation *renewal of the Authorisation to carry out surveillance being sought 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 *variation *renewal of the Authorisation to carry out surveillance being sought 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 *variation *renewal of the Authorisation to carry out surveillance being sought is necessary for the purposes of obtaining evidence for the purposes of proceedings in relation to the offence hereinbefore referred to are:—

†13. My grounds for believing that the *variation *renewal of the Authorisation to carry out surveillance being sought is necessary for the purpose of preventing the commission of arrestable offences are:—

†13. My grounds for believing that the *variation *renewal of the Authorisation to carry out surveillance being sought is necessary for the purpose of maintaining the security of the State are:—

14. My grounds for believing that the *variation *renewal of the Authorisation to carry out surveillance being sought would involve the least intrusive means available having regard to the objectives and to other relevant circumstances are:—

15. My grounds for believing that the *variation *renewal of the Authorisation to carry out surveillance being sought is proportionate to its objectives having regard to all the circumstances and its likely impact on the rights of any person are:—

16. My grounds for believing that the duration of the *variation *renewal of the Authorisation to carry out surveillance being sought is reasonably required to achieve its objectives are:—

*17. My grounds for believing that, if the *variation *renewal of the Authorisation to carry out surveillance being sought is granted, it will *(continue to) 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 are:—

AND I hereby apply for

*a variation under section 6(1)(a) of the Act of the said Authorisation to carry out surveillance under section 5 of the Act on the terms and conditions set out above for the period of .. from the.. day of .. 20. to the.. day of .. 20. (being a period not exceeding three months)

*a renewal under section 6(1)(b) of the Act of the said Authorisation to carry out surveillance under section 5 of the Act on the terms and conditions set out above for the period of .. from the.. day of .. 20. to the.. day of .. 20. (being a period not exceeding three months)

*AND that the Authorisation as so *varied *continued 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.

No. 34A.8

Schedule B

O.34A, r. 2(4)

Criminal Justice (Surveillance) Act 2009, section 6(1)

INFORMATION FOR *VARIATION *RENEWAL OF AN AUTHORISATION

District Court Area of District No.

The information of .......................................... of of , who says on Oath-

1. I am a member of the Defence Forces not below the rank of Colonel 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. An Authorisation was issued to me by Judge..of the District Court at . on theday of . 20 pursuant to section 5 of the above-mentioned 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 was 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

*(d) the conditions imposed in respect of the surveillance authorised being

(e) the date of expiry of the surveillance being theday of .. 20.

*and the said Authorisation further authorised

*me, the Superior Officer, * .. of a member of the Defence Forces designated by me, the Superior Officer, accompanied by any other person whom *I/*he/*she considered necessary, to enter, if necessary by the use of reasonable force, any place 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.

*3. The said Authorisation was renewed by Judge..of the District Court at . on theday of . 20.

4. The said Authorisation will expire on the. day of. 20..

5. *I believe that the variation of the said Authorisation in the following terms is justified

*I believe that the *(further) renewal of the said Authorisation *on the same conditions *on different conditions, namely, that for a further period of is justified.

My grounds for so believing I set out in this my information hereunder.

6. I believe that the *variation *renewal of the Authorisation to carry out surveillance being sought 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.

7. I believe that the *variation *renewal of the Authorisation to carry out surveillance being sought would involve surveillance which 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

My grounds for so believing I set out hereunder.

*8. I believe that, if the *variation *renewal of the Authorisation to carry out surveillance being sought is granted, it will *(continue to) 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.

9. The period during which the surveillance on foot of the *variation *renewal of the Authorisation to carry out surveillance is intended to be carried out is from the day of. 20. to the.. day of.. 20.

I say further and give the following information:

10. Details of the surveillance device intended to be used pursuant to the variation of the Authorisation to carry out surveillance being sought

11. My grounds for believing that the *variation *renewal of the Authorisation to carry out surveillance being sought is necessary for the purpose of maintaining the security of the State are:—

12. My grounds for believing that the *variation *renewal of the Authorisation to carry out surveillance being sought would involve the least intrusive means available having regard to the objectives and to other relevant circumstances are:—

13. My grounds for believing that the *variation *renewal of the Authorisation to carry out surveillance being sought is proportionate to its objectives having regard to all the circumstances and its likely impact on the rights of any person are:—

14. My grounds for believing that the duration of the *variation *renewal of the Authorisation to carry out surveillance being sought is reasonably required to achieve its objectives are:—

*15. My grounds for believing that, if the *variation *renewal of the Authorisation to carry out surveillance being sought is granted, it will *(continue to) 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, are:—

AND I hereby apply for

*AND that the Authorisation as so *varied *continued should authorise *me as the Superior Officer so authorised/*a member of the Defence Forces 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.

No. 34A.9

Schedule B

O.34A, r. 2(4)

Criminal Justice (Surveillance) Act 2009, section 6(1)

INFORMATION FOR *VARIATION *RENEWAL OF AN AUTHORISATION

District Court Area of District No.

The information of of the Revenue Commissioners,, who says on Oath—

2. An Authorisation was issued to me by Judge..of the District Court at . on theday of . 20 pursuant to section 5 of the above-mentioned 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 was 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

*(d) the conditions imposed in respect of the surveillance authorised being

(e) the date of expiry of the surveillance being theday of .. 20.

*and the said Authorisation further authorised

*me, the Superior Officer, * .. of an officer of the Revenue Commissioners designated by me, the Superior Officer, accompanied by any other person whom *I/*he/*she considered necessary, to enter, if necessary by the use of reasonable force, any place 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.

*3. The said Authorisation was renewed by Judge..of the District Court at . on theday of . 20.

4. The said Authorisation will expire on the. day of. 20..

5. *I believe that the variation of the said Authorisation in the following terms is justified

*I believe that the *(further) renewal of the said Authorisation *on the same conditions *on different conditions, namely, that for a further period of is justified.

My grounds for so believing I set out in this my information hereunder.

†6. The Revenue Commissioners are continuing to carry out an operation or investigation concerning a revenue offence *contrary to *under

* section 186 of the Customs Consolidation Act 1876

* section 1078 of the Taxes Consolidation Act 1997

* section 102 of the Finance Act 1999

* section 119 of the Finance Act 2001

* section 79 (inserted by section 62 of the Finance Act 2005 ) of the Finance Act 2003

* section 78 of the Finance Act 2005 , namely

(here specify the offence in question)

*I believe that the *variation *renewal of the Authorisation to carry out 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 *variation *renewal of the Authorisation to carry out 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 *variation *renewal of the Authorisation to carry out 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.

†6. I believe that the surveillance being sought to be authorised is necessary for the purposes of preventing the commission of revenue offences. I give details of the grounds I have for so believing in this my information hereunder.

7.I believe that the *variation *renewal of the Authorisation to carry out surveillance being sought would involve surveillance which 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

My grounds for so believing I set out hereunder.

*8. I believe that, if the *variation *renewal of the Authorisation to carry out surveillance being sought is granted, it will *(continue to) be necessary for the Revenue Commissioners 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.

I say further and give the following information:

10. Details of the surveillance device intended to be used pursuant to the variation of the Authorisation to carry out surveillance being sought

†11. *My grounds for believing that the *variation *renewal of the Authorisation to carry out surveillance being sought is necessary for the purposes of obtaining information as to whether the offence hereinbefore referred to has been committed are:—

†11. My grounds for believing that *variation *renewal of the Authorisation to carry out surveillance being sought is necessary for the purpose of preventing the commission of revenue offences are:—

14. My grounds for believing that the duration of the *variation *renewal of the Authorisation to carry out surveillance being sought is reasonably required to achieve its objectives are:—

*15. My grounds for believing that, if the *variation *renewal of the Authorisation to carry out surveillance being sought is granted, it will *(continue to) be necessary for the Revenue Commissioners 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, are:—

AND I hereby apply for

*AND that the Authorisation as so *varied *continued should authorise *me as the Superior Officer so authorised/*an officer of the Revenue Commissioners designated by me as the Superior Officer so authorised, accompanied by any other person whom *I consider/*said officer 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.

No. 34A.10

Schedule B

O.34A, r. 2(4)

Criminal Justice (Surveillance) Act 2009, section 6(1)

*VARIATION/*RENEWAL OF AUTHORISATION

District Court Area of District No.

WHEREAS

1. an Authorisation under section 5 of the Criminal Justice (Surveillance) Act 2009 , hereinafter referred to as “the Act”, was issued *by me/*by Judge..of the District Court at . on theday of . 20 authorising the carrying out of surveillance

(a) by the use of a surveillance device the particulars of the same being

(b) *the person 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 the said Authorisation was issued being a Superior Officer within the meaning of section 1 of the Act, namely .................................. of ..................................

*(d) the conditions imposed in respect of the surveillance authorised were

as *I/*the said Judge considered appropriate

(e) the date of expiry of the surveillance was theday of .. 20, which date of expiry *I/*the said Judge considered reasonable in the circumstances, being not later than three months from the date of the said Authorisation

*and the said Authorisation further authorised:

* of the Superior Officer* .. of . a member of the Garda Síochána designated by . of .the Superior Officer, accompanied by any other person whom he/she considered 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

*2. the said Authorisation was renewed *by me/*by Judge..of the District Court at . District Court on theday of . 20.

3. the said Authorisation will expire on the. day of. 20..

4. from the information on oath and in writing under section 6 of the Act sworn before me on this day, by the above-named applicant, of, a member of the Garda Síochána not below the rank of superintendent, and a Superior Officer within the meaning of section 1 of the Act,

*I AM SATISFIED THAT:

As part of an operation or investigation, continuing to be conducted by An Garda Síochána concerning an arrestable offence, namely .................................. the surveillance authorised by the said Authorisation *varied *renewed as is hereinafter set out is necessary:—

* for the purposes of obtaining information as to whether the offence has been committed

* for the purposes of obtaining information as to the circumstances relating to the commission of the offence

* for the purposes of obtaining evidence for the purposes of proceedings in relation to the offence

*I AM SATISFIED THAT:

the surveillance authorised by the said Authorisation *varied *renewed as is hereinafter set out is necessary:—

* for the purpose of preventing the commission of arrestable offences

* for the purpose of maintaining the security of the State

AND I AM SATISFIED THAT:

the *variation *renewal of the said Authorisation as is hereinafter set out is justified having regard to the matters referred to in section 4(5) of the Act and all other relevant circumstances and that the surveillance authorised by the said Authorisation, *varied *renewed as is hereinafter set out, is

(a) the least intrusive means available, having regard to its objective and other relevant considerations

(b) proportionate to its objectives, having regards to all the circumstances including the likely impact on the rights of any person, and

AND I AM SATISFIED THAT:

the Authorisation *varied *renewed as is hereinafter set out is not likely to relate primarily to communications protected by privilege

AND I CONSIDER that the *variation *renewal by me of the said Authorisation as hereinafter set out is reasonable

I HEREBY *VARY *RENEW the said 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 the said Authorisation as so *varied*renewed is issued being the said Superior Officer named above

*(d) the conditions imposed in respect of the surveillance authorised by the said Authorisation *as varied *as renewed are

as I consider appropriate

(e) the date of expiry of the surveillance authorised by the said Authorisation *as varied *as renewed being theday of .. 20. which date of expiry I consider reasonable in the circumstances, being not later than three months from the date hereof.

*AND THIS AUTHORISATION AS *VARIED *RENEWED *FURTHER RENEWED AUTHORISES:

* of the Superior Officer* .. of . a member of the Garda Síochána 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.

Dated this ....... day of ............................... 20....

Signed ......................................................

Judge of the District Court

To the said Superior Officer,

......................................................

of ..................................................

* Delete any words or paragraphs which are inapplicable.

No. 34A.11

Schedule B

O.34A, r. 2(4)

Criminal Justice (Surveillance) Act 2009, section 6(1)

*VARIATION/*RENEWAL OF AUTHORISATION

District Court Area of District No.

WHEREAS

(a) by the use of a surveillance device the particulars of the same being

(b) *the person 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 the said Authorisation was issued being a Superior Officer within the meaning of section 1 of the Act, namely.of ..

*(d) the conditions imposed in respect of the surveillance authorised were

as *I/*the said Judge considered appropriate

*and the said Authorisation further authorised:

* 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 considered 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.

*2. the said Authorisation was renewed *by me/*by Judge..of the District Court at . District Court on theday of . 20.

3. the said Authorisation will expire on the. day of. 20..

4. from the information on oath and in writing under section 6 of the Act sworn before me on this day, by the above-named applicant, of, a member of the Defence Forces not below the rank of colonel, and a Superior Officer within the meaning of section 1 of the Act,

I AM SATISFIED THAT:

the surveillance authorised by the said Authorisation *varied *renewed as is hereinafter set out is necessary for the purpose of maintaining the security of the State

AND I AM SATISFIED THAT:

(a) the least intrusive means available, having regard to its objective and other relevant considerations

(b) proportionate to its objectives, having regards to all the circumstances including the likely impact on the rights of any person, and

AND I AM SATISFIED THAT:

the Authorisation *varied *renewed as is hereinafter set out is not likely to relate primarily to communications protected by privilege

AND I CONSIDER that the *variation *renewal by me of the said Authorisation as hereinafter set out is reasonable

I HEREBY *VARY *RENEW the said 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 the said Authorisation as so *varied*renewed is issued being the said Superior Officer named above

*(d) the conditions imposed in respect of the surveillance authorised by the said Authorisation *as varied *as renewed are

as I consider appropriate

*AND THIS AUTHORISATION AS *VARIED *RENEWED *FURTHER RENEWED 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.

Dated this ....... day of ............................... 20....

Signed ......................................................

Judge of the District Court

To the said Superior Officer,

......................................................

of ..................................................

* Delete any words or paragraphs which are inapplicable.

No. 34A.12

Schedule B

O.34A, r. 2(4)

Criminal Justice (Surveillance) Act 2009, section 6(1)

*VARIATION/*RENEWAL OF AUTHORISATION

District Court Area of District No.

WHEREAS

(a) by the use of a surveillance device the particulars of the same being

(b) *the person 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 the said Authorisation was issued being a Superior Officer within the meaning of section 1 of the Act, namely.of ..

*(d) the conditions imposed in respect of the surveillance authorised were

as *I/*the said Judge considered appropriate

*and the said Authorisation further authorised:

* of the Superior Officer* .. of . an officer of the Revenue Commissioners designated by . of .the Superior Officer, accompanied by any other person whom he/she considered 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.

*2. the said Authorisation was renewed *by me/*by Judge..of the District Court at . District Court on theday of . 20.

3. the said Authorisation will expire on the. day of. 20..

4. from the information on oath and in writing under section 6 of the Act of 2009 sworn before me on this day, by the above-named applicant, of, an officer of the Revenue Commissioners not below the rank of Principal Officer, and a Superior Officer within the meaning of section 1 of the Act,

*I AM SATISFIED THAT:

An operation or investigation is continuing to be conducted by the Revenue Commissioners concerning a revenue offence *contrary to *under

* section 186 of the Customs Consolidation Act 1876

* section 1078 of the Taxes Consolidation Act 1997

* section 102 of the Finance Act 1999

* section 119 of the Finance Act 2001

* section 79 (inserted by section 62 of the Finance Act 2005 ) of the Finance Act 2003

* section 78 of the Finance Act 2005 ,

namely .

The surveillance authorised by the said Authorisation *varied *renewed as is hereinafter set out is necessary for the purpose of

* obtaining information as to whether the offence has been committed

* obtaining information as to the circumstances relating to the commission of the offence

* obtaining evidence for the purposes of proceedings in relation to the offence

*I AM SATISFIED THAT:

the surveillance authorised by the said Authorisation *varied *renewed as is hereinafter set out is necessary for the purpose of preventing the commission of revenue offences.

AND I AM SATISFIED THAT:

(a) the least intrusive means available, having regard to its objective and other relevant considerations

(b) proportionate to its objectives, having regards to all the circumstances including the likely impact on the rights of any person, and

AND I AM SATISFIED THAT:

the Authorisation *varied *renewed as is hereinafter set out is not likely to relate primarily to communications protected by privilege

AND I CONSIDER that the *variation *renewal by me of the said Authorisation as hereinafter set out is reasonable

I HEREBY *VARY *RENEW the said 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 the said Authorisation as so *varied*renewed is issued being the said Superior Officer named above

*(d) the conditions imposed in respect of the surveillance authorised by the said Authorisation *as varied *as renewed are

as I consider appropriate

*AND THIS AUTHORISATION AS *VARIED *RENEWED *FURTHER RENEWED AUTHORISES:

* of the Superior Officer* .. of . an officer of the Revenue Commissioners 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.

Dated this ....... day of ............................... 20....

Signed ......................................................

Judge of the District Court

To the said Superior Officer,

......................................................

of ..................................................

* Delete any words or paragraphs which are inapplicable.

No. 34A.13

Schedule B

O. 34A, r 2(5)

Criminal Justice (Surveillance) Act 2009, section 4(4) and section 7(10)

INFORMATION FOR AN AUTHORISATION TO CONTINUE SURVEILLANCE

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 the Criminal Justice (Surveillance) Act 2009 , which I hereinafter refer to as “the Act”.

2. I approved the carrying out of surveillance by approval under subsection (3) of section 7 of the Act, issued at .am/pm on the ...... day of .................................... 20. *(and varied at .am/pm on the ..... day of ....................................... 20.) which approval continues in force until.am/pm on the ..... day of ....................................... 20.

3. I have reasonable grounds for believing that surveillance beyond the period of 72 hours is warranted.

†4. 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 to be continued, 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 to continue 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.

*I believe that the surveillance being sought to be authorised to continue 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.

†4. I believe that the surveillance sought to be authorised to continue 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.

†4. I believe that the surveillance being sought to be authorised to continue 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.

5. I hereby apply under section 4(4) of the Act, read in conjunction with section 7(10) of the Act for an Authorisation to continue 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 such 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.

6. I believe that the surveillance being sought to be authorised to continue 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

My grounds for so believing I set out hereunder.

*7. 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.

8. The period during which the surveillance is intended to continue 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:

9. Details of the surveillance being sought to be authorised to continue:—

10. Details of the surveillance device intended to be used for the surveillance sought to be authorised to continue

†11. *My grounds for believing that the surveillance being sought to be authorised to continue 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 to continue 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 to continue is necessary for the purposes of obtaining evidence for the purposes of proceedings in relation to the offence hereinbefore referred to are:—

†11. My grounds for believing that the surveillance being sought to be authorised to continue is necessary for the purpose of preventing the commission of arrestable offences are:—

†11. My grounds for believing that the surveillance being sought to be authorised to continue is necessary for the purpose of maintaining the security of the State are:—

12. My grounds for believing that the surveillance being sought to be authorised to continue is the least intrusive means available having regard to the objectives and to other relevant circumstances are:—

13. My grounds for believing that the surveillance being sought to be authorised to continue is proportionate to its objectives having regard to all the circumstances and its likely impact on the rights of any person are:—

14. My grounds for believing that the duration of the surveillance sought to be authorised to continue is reasonably required to achieve its objectives are:—

15. A copy of the written record of approval under subsection (3) of section 7 of the Act *(as so varied), marked with the letter “A”, the contents of which I believe are true and accurate is attached.

16. A summary of the results of the surveillance carried out pursuant to that approval is as follows:

17. My grounds for believing that continued surveillance is warranted are the following:

18. The reasons why continued surveillance is required are the following:

*19. My grounds for believing 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 are as follows:

AND I hereby apply under section 4(4) and section 7(10) of the Act for an Authorisation under section 5 of the Act continuing 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)

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.

No. 34A.14

Schedule B

O. 34A, r 2(5)

Criminal Justice (Surveillance) Act 2009, section 4(4) and section 7(10)

INFORMATION FOR AN AUTHORISATION TO CONTINUE SURVEILLANCE

District Court Area of District No.

The information of of , who says on Oath—

1. I am a member of the Defence Forces not below the rank of Colonel and a Superior Officer within the meaning of the Criminal Justice (Surveillance) Act 2009 which I hereinafter refer to as “the Act”.

2. I approved the carrying out of surveillance by approval under subsection (3) of section 7 of the Act, issued at .am/pm on the ...... day of ............................. 20. *(and varied at .am/pm on the ...... day of ............................. 20. which approval continues in force until .am/pm on the ...... day of ............................. 20.

3. I have reasonable grounds for believing that surveillance beyond the period of 72 hours is warranted.

4. I hereby apply under section 4(4) of the Act, read in conjunction with section 7(10) of the Act, for an Authorisation to continue 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 such 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.

5. *I believe that the surveillance being sought to be authorised to continue 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.

6. I believe that the surveillance being sought to be authorised to continue 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

My grounds for so believing I set out hereunder.

*7. I believe 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.

8. The period during which the surveillance is intended to continue 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:

9. Details of the surveillance being sought to be authorised to continue:—

10. Details of the surveillance device intended to be used for the surveillance sought to be authorised to continue

11. My grounds for believing that the surveillance being sought to be authorised to continue is necessary for the purpose of maintaining the security of the State are:—

14. My grounds for believing that the duration of the surveillance sought to be authorised to continue is reasonably required to achieve its objectives are:—

16. A summary of the results of the surveillance carried out pursuant to that approval is as follows:

17. My grounds for believing that continued surveillance is warranted are the following:

18. The reasons why continued surveillance is required are the following:

*19. My 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, are as follows:

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

No. 34A.15

Schedule B

O. 34A, r 2(5)

Criminal Justice (Surveillance) Act 2009, section 4(4) and section 7(10)

INFORMATION FOR AN AUTHORISATION TO CONTINUE SURVEILLANCE

District Court Area of District No.

The information of of the Revenue Commissioners, , who says on Oath—

2. I approved the carrying out of surveillance by approval under subsection (3) of section 7 of the Act, issued at .am/pm on the ...... day of ........................... 20. *(and varied at .am/pm on the ...... day of ........................... 20.) which approval continues in force until .am/pm on the ...... day of ........................... 20.

3. I have reasonable grounds for believing that surveillance beyond the period of 72 hours is warranted.

†4. The Revenue Commissioners are carrying out an operation or investigation concerning a revenue offence *contrary to *under

* section 186 of the Customs Consolidation Act 1876

* section 1078 of the Taxes Consolidation Act 1997

* section 102 of the Finance Act 1999

* section 119 of the Finance Act 2001

* section 79 (inserted by section 62 of the Finance Act 2005 ) of the Finance Act 2003

* section 78 of the Finance Act 2005 , namely

(here specify the offence in question)

*I believe that the surveillance being sought to be authorised to continue, 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 to continue, 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 to continue, 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.

†4. I believe that the surveillance being sought to be authorised to continue is necessary for the purposes of preventing the commission of revenue offences. I give details of the grounds I have for so believing in this my information hereunder.

5. I hereby apply under section 4(4) of the Act, read in conjunction with section 7(10) of the Act, for an Authorisation to continue 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 such 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.

6. I believe that the surveillance being sought to be authorised to continue 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

My grounds for so believing I set out in this my information hereunder.

*7. I believe that for the purposes of the Authorisation sought, it will be necessary for the Revenue Commissioners 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.

8. The period during which the surveillance is intended to continue 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:

9. Details of the surveillance being sought to be authorised to continue:—

10. Details of the surveillance device intended to be used for the surveillance being sought to be authorised to continue

†11. My grounds for believing that the surveillance being sought to be authorised to continue is necessary for the purpose of preventing the commission of revenue offences are:—

14. My grounds for believing that the duration of the surveillance being sought to be authorised to continue is reasonably required to achieve its objectives are:—

16. A summary of the results of the surveillance carried out pursuant to that approval is as follows:

17. My grounds for believing that continued surveillance is warranted are the following:

18. The reasons why continued surveillance is required are the following:

*19. My grounds for believing that, for the purposes of the Authorisation sought, it will be necessary for the Revenue Commissioners 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, are as follows:

AND I hereby apply under section 4(4) and section 7(10) of the Act for an Authorisation under section 5 of the Act continuing 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)

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.

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation.)

These rules substitute Forms 34A.1 to 34A.15 in Schedule B of the District Court Rules 1997 S.I. (No. 93 of 1997).