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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 August 2006 - onwards
Version 2 of 2

52. Order to produce evidential material.

(1) This section applies to any offence under this Act which is punishable by imprisonment for a term of five years or by a more severe penalty.

(2) If a Judge of the District Court is satisfied by information on oath of a member of the Garda Síochána that -

(a) the Garda Síochána are investigating an offence to which this section applies,

(b) a person has possession or control of particular material or material of a particular description, and

(c) there are reasonable grounds for suspecting that the material constitutes evidence of or relating to the commission of the offence,

the judge may order the person to -

(i) produce the material to a member of the Garda Síochána for the member to take away, or

(ii) give such a member access to it,

either immediately or within such period as the order may specify.

(3) Where the material consists of or includes information contained in a computer, the order shall have effect as an order to produce the information, or to give access to it, in a form in which it is visible and legible and in which it can be taken away.

(4) An order under this section -