Written answers

Tuesday, 4 October 2011

Department of Justice, Equality and Defence

Garda Investigations

8:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 476: To ask the Minister for Justice and Equality the procedure for vehicles confiscated in the course of crime investigation; and if he will make a statement on the matter. [27394/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am informed by the Garda authorities that a number of court decisions have determined that there is a duty on An Garda Síochána to seek out, retain and preserve evidence, the purpose of which relates to the due administration of justice. A number of provisions of the criminal law, including section 7 of the Criminal Justice Act 2006, section 10 of the Criminal Justice (Miscellaneous Provisions) Act 1997 and section 35 of the Criminal Procedure Act 2010, also relate to the retaining or seizure of evidence. Section 41 of the Road Traffic Act 1994 provides for the detention, removal, storage and subsequent release or disposal of a mechanically propelled vehicle.

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