Surveillance Essay

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Operation Rubix Surveillance In order to adequately carry out a thorough investigation of the gang involved, proper surveillance must be used in order to gather sufficient evidence to ensure conviction. In order to secure convictions and investigate and prevent the spread of the suspected consignments the gang’s movements and communications must be monitored by means of surveillance. In order to carry out surveillance, valid authorisation must be sought under Section 4 (1) (a) &(c) of the Criminal Justice (surveillance) Act 2009 (CJSA) where a superior officer of An Garda Siochana (GS) not below the rank of superintendent may apply to a district court judge for authorisation of surveillance where it is used as part of an operation being conducted by GS concerning an arrest able offence or in order to obtain information in relation to the commission of an offence. On obtaining authorisation, the superior officer can, under Section 5(7) of the Act, enter the premises with any person he feels is necessary and by reasonable force for the purpose of carrying out the authorised surveillance without the consent of a person who owns or is in charge of the premises or place. All surveillance must be carried out within 3 months from the date of authorisation by the judge. In section 7 (2) it is provided that surveillance may be carried out, with permission from a superior officer, without authorisation in cases of urgency where there is a risk of destruction of evidence or the suspects absconding to avoid justice. Section 8 of the act provides that, with Authorisation from a superior officer, granted that the information of evidence sought could reasonably be obtained using a tracking device, a member of GS may monitor the movements of ... ... middle of paper ... ...oad the tapes place it in a seal with a master tape label, give it an id number, sign it and ask the detainee to do so also. If they refuse again get the member in charge to sign it. It must then be handed to the MIC where they should enter it into the custody log along with the fact the interview took place, the date of the interview, confirm possession of master tape and the identification number of the tape. Regulation 14 and allows appeal from the person for the destruction of the tapes after six months from the date of interview subject to conditions & 56 of the Criminal Justice Act 2007, allows for the accused or their representative to apply to the Garda Commissioner for the destruction of the tapes after six months provided that justice has been served in relation to the case. If this request is refused it may be appealed to the district court.

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