LRC Paper on Warrants

Tom Young

I must admit, I don't spend much time on the Criminal side of the house at all, but I did print this report off and I think the intention should be followed through by the legislature.

Here is a link to the report:http://www.lawreform.ie/publications/cpSearchWarrantsandBenchWarrants.pdf

TJ McIntyre has blogged on this and makes some excellent remarks in re. the current deficiencies in Ireland relating to Computer Crime, Cybercrime and Data Breaches. I still ruminate on the UK case of DPP v Lennon. He also remarks on TFA 2001 Section 48 here: http://www.tjmcintyre.com/2009/12/reform-of-search-warrants-must-take.html

Enjoy.

dermot_sheehan

Seems interesting,

One argument against a single consolidated search warrant act is that if the applicant for a search warrant is swearing that he believes that there are reasonable grounds for suspecting that materials found on property are as a result of a certain offence, the minimum he ought to know is the offence he claims the property found relates to and the consequent search warrant provisions.

A restriction on execution by night unless specifically ordered should be allowed since the guards should have to show good reason for searching someone's house in the middle of the night.

The issuance of search warrants by gardai and local political hacks (also known as peace commissioners), should be discontinued and replaced by a rotating out of hours duty judge who could issue a warrant country wide electronically. It's unclear under current law whether peace commissioners or gardai could be held liable in negligence for the wrongful issuance of a warrant.

It should also be made clear that a copy must be shown to the occupier of a premises, and that the occupier should be entitled to a copy of the sworn information used to ground the application for the warrant within a certain period of time (so that the occupier knows what was put before the judge who ordered his home searched, but not so it compromises a current investigation, at the moment a person only gets access to this sworn information as part of the book of evidence if charges are brought and the guards are relying on items seized from that search.

It must also be clear that the issuance of a search warrant is a judicial act, and that a judge retains seisin over the issuance of a warrant over a certain premises for a certain investigation, so the guards can't wait until a more favourable district judge is sitting in the district (or apply to the out of hours duty judge). With this there should be provision of an appeal to the circuit court for refusals to grant warrants.