LRC says only judges should be able to issue search warrants

Only judges should be able to issue search warrants in Ireland, a new report from the Law Reform Commission (LRC) has said.

The commission has said An Garda Síochána should never be able to issue search warrants but that High Court judges should be have the power to issue “emergency” warrants by phone or video link in urgent situations.

Ray Byrne, director of research at the LRC, told the Irish Independent that there “certainly needs to be a person, independent of the investigation, issuing the search warrant”.

The LRC’s recommendation comes three years after a Supreme Court ruling which said section 29(1) of the Offences Against the State Act 1939 was unconstitutional as it allowed gardaí to issue search warrants relating to their own investigations.

The commission believes a new Search Warrants Act should be introduced in order to create new governance structures bringing Ireland in line with international best practice.

It has also proposed that “dawn raids” should require the approval of a court and gardaí should otherwise execute search warrants at reasonable hours.