Proceeds of crime act, 1996

• Enactment Date: 04 August 1996
• Act Number: 30

Number 30 of 1996
PROCEEDS OF CRIME ACT, 1996
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Interim order. 3. Interlocutory order. 4. Disposal order. 5. Ancillary orders and provision in relation to certain profits or gains, etc. 6. Order in relation to property the subject of interim order or interlocutory order. 7. Receiver. 8. Provisions in relation to evidence and proceedings under Act. 9. Affidavit specifying property and income of respondent. 10. Registration of interim orders and interlocutory orders. 11. Bankruptcy of respondent, etc. 12. Property subject to interim order, interlocutory order or disposal order dealt with by Official Assignee. 13. Winding up of company in possession or control of property the subject of interim order, interlocutory order or disposal order. 14. Immunity from proceedings. 15. Seizure of certain property. 16. Compensation. 17. Expenses. 18. Short title.
Number 30 of 1996
PROCEEDS OF CRIME ACT, 1996
AN ACT TO ENABLE THE HIGH COURT, AS RESPECTS THE PROCEEDS OF CRIME, TO MAKE ORDERS FOR THE PRESERVATION AND, WHERE APPROPRIATE, THE DISPOSAL OF THE PROPERTY CONCERNED AND TO PROVIDE FOR RELATED MATTERS. [4th August, 1996]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.—(1) In this Act, save where the context otherwise requires—
	“the applicant” means a member or an authorised officer who has applied to the Court for the making of an interim order or an interlocutory order and, in relation to such an order that is in force, means any member or, as appropriate, any authorised officer;
	“authorised officer” means an officer of the Revenue Commissioners authorised in writing by the Revenue Commissioners to perform the functions conferred by this Act on authorised officers;
	“the Court” means the High Court;
	“dealing”, in relation to property in the possession or control of a person, includes—
	(a) where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt,
	(b) removing the property from the State, and
	(c) in the case of money or other property held for the person by another person, paying or releasing or transferring it to the person or to any other person;
	“disposal order” means an order under section 4 ;
	“interest”, in relation to property, includes right;
	“interim order” means an order under section 2 ;
	“interlocutory order” means an order under section 3 ;
	“member” means a member of the Garda Síochána not below the rank of Chief Superintendent;
	“the Minister” means the Minister for Finance;
	“proceeds of crime” means any property obtained or received at any time (whether before or after the passing of this Act) by or as a result of or in connection with the commission of an offence;
	“property” includes money and all other property, real or personal, heritable or moveable, including choses in action and other intangible or incorporeal property and references to property shall be construed as including references to any interest in property;
	“the respondent” means a person in respect of whom an application for an interim order or an interlocutory order has been made or in respect of whom such an order has been made and includes any person who, but for this Act, would become entitled, on the death of the first-mentioned person, to any property to which such an order relates (being an order that is in force and is in respect of that person).
	(2) In this Act—
	(a) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other provision is intended, and
	(b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and
	(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment.
	Interim order.	2.—(1) Where it is shown to the satisfaction of the Court on application to it ex parte in that behalf by a member or an authorised officer—
	(a) that a person is in possession or control of—
	(i) specified property and that the property constitutes, directly or indirectly, proceeds of crime, or
	(ii) specified property that was acquired, in whole or in part, with or in connection with property that, directly or indirectly, constitutes proceeds of crime,
	and
	(b) that the value of the property or, as the case may be, the total value of the property referred to in both subparagraphs (i) and (ii), of paragraph (a) is not less than £10,000,
	the Court may make an order (“an interim order”) prohibiting the person or any other specified person or any other person having notice of the order from disposing of or otherwise dealing with the whole or, if appropriate, a specified part of the property or diminishing its value during the period of 21 days from the date of the making of the order.
	(2) An interim order—
	(a) may contain such provisions, conditions and restrictions as the Court considers necessary or expedient, and
	(b) shall provide for notice of it to be given to the respondent and any other person who appears to be or is affected by it unless the Court is satisfied that it is not reasonably possible to ascertain his, her or their whereabouts.
	(3) Where an interim order is in force, the Court, on application to it in that behalf by the respondent or any other person claiming ownership of any of the property concerned may, if it is shown to the satisfaction of the Court that—
	(a) the property concerned or a part of it is not property to which subparagraph (i) or (ii) of subsection (1)(a) applies, or
	(b) the value of the property to which those subparagraphs apply is less than £10,000,
	discharge or, as may be appropriate, vary the order.
	(4) The Court shall, on application to it in that behalf at any time by the applicant, discharge an interim order.
	(5) Subject to subsections (3) and (4), an interim order shall continue in force until the expiration of the period of 21 days from the date of its making and shall then lapse unless an application for the making of an interlocutory order in respect of any of the property concerned is brought during that period and, if such an application is brought, the interim order shall lapse upon—
	(a) the determination of the application,
	(b) the expiration of the ordinary time for bringing an appeal from the determination,
	(c) if such an appeal is brought, the determination or abandonment of it or of any further appeal or the expiration of the ordinary time for bringing any further appeal,
	whichever is the latest.
	(6) Notice of an application under this section shall be given—
	(a) in case the application is under subsection (3), by the respondent or other person making the application to the applicant,
	(b) in case the application is under subsection (4), by the applicant to the respondent unless the Court is satisfied that it is not reasonably possible to ascertain his or her whereabouts,
	and, in either case, to any other person in relation to whom the Court directs that notice of the application be given to him or her.
	Interlocutory order.	3.—(1) Where, on application to it in that behalf by the applicant, it appears to the Court, on evidence tendered by the applicant, consisting of or including evidence admissible by virtue of section 8 —
	(a) that a person is in possession or control of—
	(i) specified property and that the property constitutes, directly or indirectly, proceeds of crime, or
	(ii) specified property that was acquired, in whole or in part, with or in connection with property that, directly or indirectly, constitutes proceeds of crime,
	and
	(b) that the value of the property or, as the case may be, the total value of the property referred to in both subparagraphs (i) and (ii) of paragraph (a) is not less than £10,000,
	the Court shall make an order (“an interlocutory order”) prohibiting the respondent or any other specified person or any other person having notice of the order from disposing of or otherwise dealing with the whole or, if appropriate, a specified part of the property or diminishing its value, unless, it is shown to the satisfaction of the Court, on evidence tendered by the respondent or any other person—
	(I) that that particular property does not constitute, directly or indirectly, proceeds of crime and was not acquired, in whole or in part, with or in connection with property that, directly or indirectly, constitutes proceeds of crime, or
	(II) that the value of all the property to which the order would relate is less than £10,000:
	Provided, however, that the Court shall not make the order if it is satisfied that there would be a serious risk of injustice.
	(2) An interlocutory order—
	(a) may contain such provisions, conditions and restrictions as the Court considers necessary or expedient, and
	(b) shall provide for notice of it to be given to the respondent and any other person who appears to be or is affected by it unless the Court is satisfied that it is not reasonably possible to ascertain his, her or their whereabouts.
	(3) Where an interlocutory order is in force, the Court, on application to it in that behalf at any time by the respondent or any other person claiming ownership of any of the property concerned, may, if it is shown to the satisfaction of the Court that the property or a specified part of it is property to which paragraph (I) of subsection (1) applies, or that the order causes...