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(LRC Revised)

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LRC Revised Act

Number 19 of 2009

CRIMINAL JUSTICE (SURVEILLANCE) ACT 2009

REVISED

Updated to 2 April 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Criminal Justice (Surveillance) Act 2009

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including

Merchant Shipping (Investigation of Marine Accidents) Act 2025

(2/2025), enacted 14 April 2025, and all statutory instruments up to and including

Policing, Security and Community Safety Act 2024 (Commencement) Order 2025

(S.I. No. 107 of 2025), made 2 April 2025, were considered in the preparation

of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

19

of

2009

CRIMINAL JUSTICE (SURVEILLANCE) ACT 2009

REVISED

Updated to 2 April 2025

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Application of Act.

3. Surveillance.

4. Application for authorisation.

5. Authorisation.

6. Variation or renewal of authorisation.

7. Approval for surveillance in cases of urgency.

8. Tracking devices.

9. Retention of materials relating to applications and reports.

10. Restriction of disclosure of existence of authorisations and other documents.

11. Complaints procedure.

12. Duties of

Independent Examiner in relation to Act.

13. Confidentiality of information.

14. Admissibility of evidence.

15. Disclosure of information.

16. Regulations.

17. Amendment of Garda Síochána Act 2005.

18. Amendment of Courts (Supplemental Provisions) Act 1961.

19. Short title.

Acts Referred to

Courts (Supplemental Provisions) Act 1961

1961,No. 39

Criminal Justice Act 1984

1984,No. 22

Criminal Justice Act 2006

2006,No. 26

Criminal Justice (Terrorist Offences) Act 2005

2005,No. 2

Criminal Law Act 1997

1997,No. 14

Customs Consolidation Act 1876

39 & 40, Vict. Ch. 36

Defence (Amendment) Act 1979

1979,No. 1

Defence (Amendment) Act 1990

1990,No. 6

Defence Act 1954

1954,No. 18

Finance Act 1999

1999,No. 2

Finance Act 2001

2001,No. 7

Finance Act 2003

2003,No. 3

Finance Act 2005

2005,No. 5

Garda Síochána Act 2005

2005, No. 20

Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993

1993,No. 10

Postal and Telecommunications Services Act 1983

1983,No. 24

Taxes Consolidation Act 1997

1997,No. 39

Number

19

of

2009

CRIMINAL JUSTICE (SURVEILLANCE) ACT 2009

REVISED

Updated to 2 April 2025

AN ACT TO PROVIDE FOR SURVEILLANCE IN CONNECTION WITH THE INVESTIGATION OF ARRESTABLE

OFFENCES, THE PREVENTION OF SUSPECTED ARRESTABLE OFFENCES AND THE SAFEGUARDING OF

THE STATE AGAINST SUBVERSIVE AND TERRORIST THREATS, TO AMEND THE GARDA SÍOCHÁNA ACT 2005 AND THE COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961 AND TO PROVIDE FOR MATTERS

CONNECTED THEREWITH.

[12

th July

, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Editorial Notes

E1

Record held or created by the Gardaí under Act excluded from application of

Freedom of Information Act 2014

(14.10.2014) by

Freedom of Information Act 2014

(30/2014), s. 42(b)(ix), commenced on enactment subject to s. 1(3).

Annotations

Editorial Notes

E1

Record held or created by the Gardaí under Act excluded from application of

Freedom of Information Act 2014

(14.10.2014) by

Freedom of Information Act 2014

(30/2014), s. 42(b)(ix), commenced on enactment subject to s. 1(3).

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Application of Act.

3. Surveillance.

4. Application for authorisation.

5. Authorisation.

6. Variation or renewal of authorisation.

7. Approval for surveillance in cases of urgency.

8. Tracking devices.

9. Retention of materials relating to applications and reports.

10. Restriction of disclosure of existence of authorisations and other documents.

11. Complaints procedure.

12. Duties of

Independent Examiner in relation to Act.

13. Confidentiality of information.

14. Admissibility of evidence.

15. Disclosure of information.

16. Regulations.

17. Amendment of Garda Síochána Act 2005.

18. Amendment of Courts (Supplemental Provisions) Act 1961.

19. Short title.

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