[No. 50.]
Pt.7 S.48
Criminal Justice (Theft and Fraud
Offences) Act, 2001.
[2001.]
(5) A member of the Garda Sı́ochána acting under the authority
of a warrant under this section may—
(a) operate any computer at the place which is being searched
or cause any such computer to be operated by a person
accompanying the member for that purpose, and
(b) require any person at that place who appears to the member
to have lawful access to the information in any such
computer—
(i) to give to the member any password necessary to
operate it,
(ii) otherwise to enable the member to examine the information accessible by the computer in a form in which
the information is visible and legible, or
(iii) to produce the information in a form in which it can
be removed and in which it is, or can be made, visible
and legible.
(6) Where a member of the Garda Sı́ochána has entered premises
in the execution of a warrant issued under this section, he may seize
and retain any material, other than items subject to legal privilege,
which is likely to be of substantial value (whether by itself or
together with other material) to the investigation for the purpose of
which the warrant was issued.
(7) The power to issue a warrant under this section is in addition
to and not in substitution for any other power to issue a warrant for
the search of any place or person.
(8) In this section, unless the context otherwise requires—
‘‘commission’’, in relation to an offence, includes an attempt to commit the offence;
‘‘computer at the place which is being searched’’ includes any other
computer, whether at that place or at any other place, which is lawfully accessible by means of that computer;
‘‘place’’ includes a dwelling;
‘‘thing’’ includes an instrument (within the meaning of Part 4), a copy
of such instrument, a document or a record.
Obstruction of
Garda acting on
warrant.
49.—(1) A person who—
(a) obstructs or attempts to obstruct a member of the Garda
Sı́ochána acting under the authority of a warrant issued
under this Part, or
(b) is found in or at the place named in the warrant by a member of the Garda Sı́ochána so acting and fails or refuses
to give the member his or her name and address when
required by the member to do so or gives the member a
name and address that is false or misleading, or
(c) fails without lawful authority or excuse to comply with a
requirement under paragraph (b) or section 48(5)(b),
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