CONFISCATION ACT 1997 - SECT 109 Application for search warrant for property-tracking documents

CONFISCATION ACT 1997 - SECT 109

S. 109(1) amended by Nos 87/2004 s. 22(2)(i), 37/2014 s. 10(Sch. item 25.19), 55/2014 s. 40(1).

    (1)     The DPP or a police officer may apply to a magistrate or to a judge of the Supreme Court or County Court for a search warrant for property-tracking documents in relation to a Schedule 1 offence, a Schedule 2 offence or a serious drug offence of which a person has been convicted or which the applicant has reasonable grounds for believing to have been committed by a person.

S. 109(2) amended by Nos 87/2004 s. 22(2)(j), 55/2014 s. 40(2).

    (2)     An application can only be made under subsection (1) if the applicant has reasonable grounds for believing that there is, or may be within the next 72 hours, in or on any premises, a property-tracking document in relation to the Schedule 1 offence, the Schedule 2 offence or the serious drug offence.

    (3)     An application under subsection (1)—

        (a)     must be in writing; and

S. 109(3)(b) amended by No. 6/2018 s. 68(Sch.  2 item 26.10).

        (b)     must be supported by evidence on oath or affirmation or by affidavit setting out the grounds on which it is made; and

        (c)     must be heard in closed court.

    (4)     A magistrate or judge hearing an application under subsection (1) may require the applicant to give him or her, either orally or in writing, any additional information that he or she requires concerning the grounds on which the order is sought.