AI Summary of 18. Notice of direction or order.
This section outlines the obligations of a member of the Garda Síochána regarding the notification of persons affected by a direction or order issued under section 17. The member must provide written notice as soon as practicable, with exceptions for instances where it is not feasible to identify the individual or where disclosure may impede an ongoing investigation.
Furthermore, if a person becomes aware of the direction or order, they must be notified promptly, ensuring transparency and compliance with procedural fairness. The notice must articulate the reasons behind the direction or order, while safeguarding sensitive information that may compromise the investigation.
18. Notice of direction or order.
(1) As soon as practicable after a direction is given or order is made under section 17, the member of the Garda Síochána who gave the direction or applied for the order shall ensure that any person who the member is aware is affected by the direction or order is given notice, in writing, of the direction or order unless -
(a) it is not reasonably practicable to ascertain the whereabouts of the person, or
(b) there are reasonable grounds for believing that disclosure to the person would prejudice the investigation in respect of which the direction or order is given.
(2) Notwithstanding subsection (1) (b), a member of the Garda Síochána shall give notice, in writing, of a direction or order under this section to any person who is, or appears to be, affected by it as soon as practicable after the Garda Síochána becomes aware that the person is aware that the direction has been given or order has been made.
(3) Nothing in subsection (1) or (2) requires notice to be given to a person to whom a direction is given or order is addressed under this section.
(4) A notice given under this section shall include the reasons for the direction or order concerned and advise the person to whom the notice is given of the person's right to make an application under section 19 or 20.