Criminal Justice Act, 1994

JurisdictionIreland
CitationIR No. 15/1994
Year1994

Number 15 of 1994


CRIMINAL JUSTICE ACT, 1994


ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section

1.

Short title.

2.

Commencement.

3.

Interpretation.

PART II

Confiscation

4.

Confiscation orders: drug trafficking offences.

5.

Assessing the proceeds of drug trafficking.

6.

Amount to be recovered under confiscation order made under section 4.

7.

Re-assessment of whether defendant has benefited from drug trafficking.

8.

Revised assessment of proceeds of drug trafficking.

9.

Confiscation orders: offences other than drug trafficking offences.

10.

Statements relevant to making confiscation orders.

11.

Provision of information by defendant.

12.

Supplementary provisions concerning confiscation orders.

13.

Power of High Court where defendant has died or is absent.

14.

Effect of conviction where High Court has acted under section 13.

15.

Appeal against confiscation order.

16.

Variation of confiscation orders.

17.

Variation of confiscation orders made by virtue of section 13.

18.

Increase in value of realisable property.

PART III

Enforcement, etc. of Confiscation Orders

19.

Enforcement of confiscation orders.

20.

Realisation of property.

21.

Interest on sums unpaid under confiscation orders.

22.

Application of proceeds of realisation.

23.

Cases in which restraint orders may be made.

24.

Restraint orders.

25.

Registration of restraint orders.

26.

Exercise of powers by High Court or receiver.

27.

Receivers: supplementary provisions.

28.

Bankruptcy of defendant, etc.

29.

Property subject to restraint order dealt with by Official Assignee.

30.

Winding up of company holding realisable property.

PART IV

Money Laundering

31.

Money laundering, etc.

32.

Measures to be taken to prevent money laundering.

PART V

Drug Trafficking Offences at Sea

33.

Drug trafficking offences on Irish ships.

34.

Ships used for drug trafficking.

35.

Enforcement powers in respect of ships.

36.

Jurisdiction and prosecutions in relation to offences on ships.

37.

Convention states.

PART VI

Drug Trafficking Money Imported or Exported in Cash

38.

Seizure and detention.

39.

Forfeiture of cash seized under section 38.

40.

Appeal against section 39 order.

41.

Interest.

42.

Procedure.

43.

Interpretation of Part VI.

44.

Prescribed sum for purposes of section 38.

45.

Disposal of cash etc. forfeited under section 39.

PART VII

International Co-operation

46.

External confiscation orders, etc.

47.

External forfeiture orders, etc.

48.

Proof of external order, etc.

49.

Service in State of process issued outside State.

50.

Service outside State of process issued in State.

51.

Taking of evidence in State for use outside State.

52.

Obtaining of evidence outside State for use in State.

53.

Transfer of prisoner in State to give evidence or assist investigation outside State.

54.

Transfer of prisoner outside State to give evidence or assist investigation in State.

55.

Search, etc. for material relevant to investigation outside State.

56.

Provision of co-operation for international war crimes tribunals etc.

PART VIII

Supplementary

57.

Disclosure of information.

58.

Offences of prejudicing investigation.

59.

Offences by bodies corporate.

60.

Voidance of dispositions designed to frustrate confiscation, etc.

61.

Forfeiture orders.

62.

Forfeiture for drug offences.

63.

Order to make material available.

64.

Authority for search.

65.

Compensation.

66.

Compensation, etc. where absconder is acquitted.

67.

Power to discharge confiscation order and order compensation when absconder returns.

68.

Expenses.

FIRST SCHEDULE

Enforcement Powers in Respect of Ships

SECOND SCHEDULE

Taking of Evidence for Use Outside State


Number 15 of 1994


CRIMINAL JUSTICE ACT, 1994


AN ACT TO MAKE PROVISION FOR THE RECOVERY OF THE PROCEEDS OF DRUG TRAFFICKING AND OTHER OFFENCES, TO CREATE AN OFFENCE OF MONEY LAUNDERING, TO MAKE PROVISION FOR INTERNATIONAL CO-OPERATION IN RESPECT OF CERTAIN CRIMINAL LAW ENFORCEMENT PROCEDURES AND FOR FORFEITURE OF PROPERTY USED IN THE COMMISSION OF CRIME AND TO PROVIDE FOR RELATED MATTERS. [30th June, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary

Short title.

1.—This Act may be cited as the Criminal Justice Act, 1994.

Commencement.

2.—This Act shall come into operation on such day or days as may be appointed by order or orders of the Minister, either generally or with reference to a particular purpose or provision, and different days may be so appointed for different purposes and different provisions of this Act.

Interpretation.

3.—(1) In this Act—

“benefited from drug trafficking” shall be construed in accordance with section 4 (5) of this Act;

“benefited from an offence other than a drug trafficking offence” shall be construed in accordance with section 9 (4) of this Act;

“confiscation order” means an order made under section 4 (4) or 9 (1) of this Act;

“controlled drug” has the same meaning as in section 2 of the Misuse of Drugs Act, 1977 ;

“Convention state” means a state other than the State that is a party to the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances done at Vienna on the 20th day of December, 1988;

“corresponding law” has the same meaning as in section 20 (2) of the Misuse of Drugs Act, 1977 ;

“dealing with property” shall be construed in accordance with section 24 (8) of this Act;

“defendant” means, for the purposes of the provisions of this Act relating to confiscation, and subject to section 23 (2) (a) of this Act, a person against whom proceedings for the relevant drug trafficking or other offence have been instituted;

“drug trafficking” means doing or being concerned in any of the following, whether in the State or elsewhere, that is to say—

(a) producing or supplying a controlled drug where the production or supply contravenes any regulations made under section 5 of the Misuse of Drugs Act, 1977 , and in force at the material time (whether before or after the commencement of the relevant provision of this Act) or a corresponding law,

(b) transporting or storing a controlled drug where possession of the drug contravenes section 3 of that Act or a corresponding law,

(c) importing or exporting a controlled drug where the importation or exportation contravenes any such regulations as mentioned in paragraph (a) of this definition or a corresponding law,

(d) doing any act, whether in the State or elsewhere and whether before or after the commencement of the relevant provision of this Act, in relation to property obtained, whether directly or indirectly, from anything done in relation to a controlled drug, that amounts to an offence under section 31 of this Act or would have amounted to such an offence if that section had been in operation at the time when the act was done or, in the case of an act done in a country or territory outside the State, would amount or have amounted to such an offence if done in corresponding circumstances in the State (and for the purpose of this definition the references in subsections (1) and (2) of the said section 31 to removing property from the State shall include references to removing it from the country or territory in question), or

(e) using any ship for illicit traffic in controlled drugs in contravention of section 33 or 34 of this Act;

“drug trafficking offence” means any of the following—

(a) an offence under any regulations made under section 5 of the Misuse of Drugs Act, 1977 , involving the manufacture, production, preparation, importation, exportation, supply, offering to supply, distribution or transportation of a controlled drug,

(b) an offence under section 15 of that Act of possession of a controlled drug for unlawful sale or supply,

(c) an offence under section 20 of that Act (assisting in or inducing the commission outside the State of an offence punishable under a corresponding law),

(d) an offence under the Customs Acts in relation to the importation or exportation of a controlled drug or in relation to the fraudulent evasion of any prohibition, restriction or obligation in relation to such importation or exportation,

(e) an offence under section 31 of this Act in relation to the proceeds of drug trafficking,

(f) an offence under section 33 or 34 of this Act, or

(g) an offence of aiding, abetting, counselling or procuring the commission of any of the offences mentioned in paragraphs (a) to (f) of this definition or of attempting or conspiring to commit any such offence or inciting another person to do so;

“enforcement officer” has the meaning assigned to it by paragraph 1 of the First Schedule to this Act;

“forfeiture order” means an order made under section 61 of this Act;

“interest”, in relation to property, includes right;

“Irish ship” has the same meaning as in section 9 of the Mercantile Marine Act, 1955 ;

“Minister” means the Minister for Justice;

“premises” includes any building or any part of a building and any vehicle, vessel or structure;

“proceeds of drug trafficking” has the meaning assigned to it by section 5 (1) (a) of this Act;

“property” includes money and all other property, real or...

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