A SINGLE, generally applicable Act should be introduced to replace more than 100 laws on search warrants, according to the Law Reform Commission.
The recommendation appears in a consultation paper launched by the President of the High Court, Mr Justice Kearns, last night.
It also proposes reforming the bench warrants system. These are issued by a District Justice when a person fails to appear in court.
The paper makes 35 provisional recommendations, to form the basis for discussion before a final report is drafted.
It points out that there are more than 100 Acts and almost 200 ministerial regulations that authorise the Garda Síochána to apply to the District Court for search warrants. Many of these contain different rules about applying for, issuing and executing search warrants.
Mistakes in search warrants can, and often do, lead to challenges to evidence obtained under the warrants, and to the exclusion of such evidence.
The commission provisionally recommends that these 100-plus Acts be replaced by a single, generally applicable framework Act covering search warrants, containing standard rules on applying for, issuing and executing search warrants.
In 2008 more than 26,000 bench warrants were issued by the District Court. About 20,000 of these involved theft, public order offences, drink-driving and other road traffic offences, drugs offences and criminal damage.
More than 21,000 had been either executed or cancelled by the end of the year.
The commission provisionally recommends reforms that could reduce the number of bench warrants issued and improve the efficiency of the enforcement system for those that are needed.
Among the specific reforms recommended are:
copies of search warrants should be given to an owner or occupier of a building searched under the warrant;
that material reasonably believed to be evidence relating to an offence could be seized even where the search warrant does not refer to that material;
in relation to bench warrants the consultation paper considers whether summonses for criminal offences could be served by registered post and not by standard letterbox delivery.