An Examination of Proactive Intelligence-Led Policing through the Lens of Covert Surveillance in Serious Crime Investigation in Ireland

Abstract

This article examines the powers and functions conferred by the Criminal Justice (Surveillance) 2009 Act to bolster the resources of the Garda Síochána (Ireland’s National Police and Security Service) to detect, investigate and apprehend suspects. The analysis will encompass the management and use of covert surveillance operations, procedural requirements for external ‘authorisation’ to carry out surveillance with judicial oversight, internal ‘approval’ to carry out surveillance without judicial oversight, and the use of tracking devices as less intrusive measures. The assessment will consider whether there are sufficient procedural safeguards provided in the 2009 Act to protect fundamental rights of suspects, and whether covert surveillance practices as a tool of effecting crime control policies is proportionate and necessary commensurate with fundamental rights of suspects in the criminal justice process. While the focus of analysis is on police covert surveillance operations in Ireland, reference to international best practice and human rights standards emanating from the Irish superior courts and ECtHR jurisprudence will broaden the scope of analysis that is intended to be of interest to a wider readership. Keywords: Criminal Justice (Surveillance) Act 2009 (Ireland); Covert surveillance; Authorisation for surveillance; Approval for surveillance; Garda Síochána (Ireland’s National Police and Security Service); Serious crime investigation