Merchant Shipping (Investigation of Marine Accidents) Act 2025
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Search warrant | ||
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23. (1) An investigator shall not, except with the consent of the occupier, enter a private dwelling (other than a part of a private dwelling used as a place of work) unless the investigator has obtained a warrant from a judge of the District Court. | ||
(2) Where an investigator, in the exercise of the investigator’s powers under section 22 , is prevented from entering any place or premises, whether or not a private dwelling, or vehicle, where he or she believes that there are objects, documents, books or records relevant to the marine safety investigation or preliminary assessment, the investigator may apply to a judge of the District Court for a warrant under this section authorising the entry by the investigator into the place, premises or vehicle. | ||
(3) Without prejudice to the powers conferred on an investigator by or under any provision of this Act, an investigator may, for the purposes of conducting a marine safety investigation or carrying out a preliminary assessment, apply to a judge of the District Court for a warrant authorising entry in relation to any place. | ||
(4) Where, on the hearing of an application under subsection (2) or (3), a judge of the District Court is satisfied on sworn information of the investigator that he or she— | ||
(a) has been prevented from entering any place that is not a private dwelling, | ||
(b) has reasonable grounds for believing that relevant records are kept at a place that comprise, or form part of, a private dwelling, or | ||
(c) has reasonable grounds for suspecting that evidence of, or relating to, the commission of an offence under this Act is to be found in any place, | ||
that judge may issue a warrant authorising one or more investigators, accompanied, if the judge considers it appropriate to so provide, by such number of members of An Garda Síochána as may be specified in the warrant, at any time within 4 weeks from the date of issue of the warrant, to enter, if need be by force, the place or private dwelling and exercise any of the powers referred to in section 22 . |