Criminal Justice Act 2013

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Direction

24. (1) At any time while an authorisation is in force, a member of the Garda Síochána not below the rank of chief superintendent (in this Part referred to as the “member” may, subject to this section, issue a direction to an undertaking where, and only where, the member is satisfied that—

(a) the serious threat on the basis of which the authorisation was granted, continues to exist, and

(b) any other means of averting that threat that are at the disposal of the Garda Síochána are less likely to result in the serious threat being averted.

(2) (a) Subject to paragraph (b), a direction shall be issued in writing and shall be signed by the member.

(b) Where the member considers that the case is one of exceptional urgency, he or she may issue a direction orally provided that the direction shall be confirmed in writing as soon as practicable.

(3) Subject to subsection (4), a direction—

(a) shall state the name of the undertaking to which it is issued,

(b) shall state the date and time of the giving of the authorisation pursuant to which the direction is being issued and the period during which the authorisation remains in force,

(c) shall direct that the undertaking, subject to section 25 (3), cease providing—

(i) all mobile communications services, or

(ii) specific types of mobile communications services,

for such a period, which shall not exceed 6 hours, and in such a geographical area, as may be specified in the direction,

(d) shall direct that the undertaking take all necessary steps to ensure its compliance with paragraph (c), and

(e) may specify such additional requirements relating to the cessation of the mobile communications service which the member considers necessary for the purpose of averting the serious threat concerned.

(4) A direction shall not—

(a) remain in force beyond the period in which the authorisation concerned is in force,

(b) specify a cessation period that is longer than the maximum duration of a cessation period that is specified in the authorisation concerned, or

(c) specify, under subsection (3)(e), a requirement that is otherwise inconsistent with the authorisation concerned.

(5) A member, where he or she considers it necessary for the purpose of averting the serious threat concerned, may vary the geographical area or a requirement referred to in subsection (3)(e), that is specified in a direction, and subsections (2) and (3) shall apply to such a variation as if references in those subsections to a direction were references to the variation concerned.

(6) In issuing or varying a direction, the member shall have regard to the need to limit the effect of the cessation, on users and on the availability of the mobile communications service in the geographical area concerned, to that which he or she considers the minimum necessary to avert the serious threat concerned.

(7) The Commissioner of the Garda Síochána shall arrange for a record of any direction that is issued under this section to be kept.