Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Irija

Ārēja fiziska pārmeklēšana (301)

1. MEASURE IMPLEMENTATION

Irija

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.

2. LEGAL FRAMEWORK

Irija

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.

3. COMPETENT AUTHORITY TO:

Irija

* 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

4. ACCEPTED LANGUAGES

Irija

Accepted languages for the request/decision

Irish / English

5. EXECUTION DEADLINE

Irija

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Irija

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

Last reviewed on 6 Jūlijs 2016 by Eiropas Tiesiskās sadarbības tīkla Sekretariāts

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