Fiches Belges: Irlande

Is this measure possible in your Member State under International Judicial Cooperation?

There is no specific provision in Irish Law on mutual legal assistance for a superficial body search. However, in circumstances where a search warrant also authorises the search of persons found in the place to which the warrant relates. Section 74 of the Criminal Justice (Mutual Assistance) Act 2008 enables searches to be carried out for material which is relevant to an investigation outside the State. The section permits the Government to designate countries to which this provision will apply. Dual criminality must apply.

International legal framework applicable for this measure in your Member State

Section 74 of the Criminal Justice Mutual Assistance Act 2008 gives effect to EU Convention on Mutual Assistance 2000.

* receive the request/decision for judicial cooperation

Central Authority for Mutual Assistance (The Minister for Justice) issues a direction to the Gardaí (Irish Police) to obtain a search warrant from a Judge of the District Court.

* execute/recognise the measure (if other than the receiving authority)

N/A

Accepted languages for the request/decision

Irish / English

Deadlines for the execution of the request/decision (where applicable)

N/A

a. Special requirements

Dual criminality.

b. Other useful information

Agents of the requesting state may be present at the search to provide advice to the Gardaí (Irish Police) who are executing the search