Seanad debates

Tuesday, 14 July 2009

Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages

 

10:00 pm

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)

I am aware, from experience, that applications for search warrants should be heard in private. When the Garda authorities apply for such warrants, there is a substantial risk that the intended subject might be alerted to the planned search and might avail of the timelag in order to dispose of evidence. Some District Court judges have recently been refusing to hear applications for search warrants otherwise than in public. There have been instances where such applications have been abandoned because members of the Garda Síochána have been unable to refer to sensitive matters in open court, as required by certain judges. The purpose of this section is to end any confusion in respect of the matter and to provide that all search warrant applications will be heard otherwise than in public. That is only fair and proper because if any information relating to a search warrant application is leaked, the person involved would, possibly, be in a position to destroy important evidence.

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