Fiches Belges

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.

Irish/English

N/A

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