S.I. No. 46/2017 - Criminal Justice (Surveillance) Act 2009 (Written Record of Approval) (Garda Síochána Ombudsman Commission) Regulations 2017.

1. These Regulations may be cited as the Criminal Justice (Surveillance) Act 2009 (Written Record of Approval) (Garda Síochána Ombudsman Commission) Regulations 2017.

2. In these Regulations “Act of 2009” means the

Criminal Justice (Surveillance) Act 2009

(No. 19 of 2009).

3. The form set out in Part 1 of the Schedule is prescribed for the purposes of section 7(7) of the Act of 2009 as the form of the written record of approval of the carrying out of surveillance by a designated officer of the Garda Síochána Ombudsman Commission.

4. The form set out in Part 2 of the Schedule is prescribed for the purposes of section 8(7) of the Act of 2009 as the form of the written record of approval of the use of a tracking device by a designated officer of the Garda Síochána Ombudsman Commission.

SCHEDULE

Part 1

Regulation 3

Date (DD/MM/YYYY)

Particulars of surveillance device approved

Subject of surveillance–

Name (if a person)

Place (if a place)

Thing (if a thing)

Name of the officer of the Garda Síochána Ombudsman Commission to whom approval is granted

Conditions (if any) subject to which the approval is granted

Time and date at which the approval is granted (a.m./p.m., DD/MM/YYYY)

Duration of approved surveillance (not to exceed 72 hours)

I declare that the information above is true and accurate

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

(signature of the designated officer of the Garda Síochána Ombudsman Commission)

Part 2

Regulation 4

Date (DD/MM/YYYY)

Particulars of tracking device approved

Subject of monitoring–

Name (if a person)

Place (if a place)

Thing (if a thing)

Name of the officer of the Garda Síochána Ombudsman Commission to whom approval is granted

Conditions (if any) subject to which the approval is granted

Time and date at which the approval is granted (a.m./p.m., DD/MM/YYYY)

Duration of use approved (not to exceed 4 months)

I declare that the information above is true and accurate

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

(signature of the designated officer of the Garda Síochána Ombudsman Commission)

GIVEN under my Official Seal,

6 February 2017.

FRANCES FITZGERALD,

Minister for Justice and Equality.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

17

th February

, 2017.

I, FRANCES FITZGERALD, Minister for Justice and Equality, in exercise of the powers conferred on me by sections 7(7), 8(7) (amended by

section 13

of the

Garda Síochána (Amendment) Act 2015

(No. 3 of 2015)) and

16

of the

Criminal Justice (Surveillance) Act 2009

(No. 19 of 2009) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 (

S.I. No. 138 of 2011

)), hereby make the following regulations