Rules of the Superior Courts (Proceeds of Crime and Financing of Terrorism) 2006

• Jurisdiction: Ireland
• Citation: IR SI 242/2006
• Year: 2006

S.I. No.242 of 2006

Rules of the Superior Courts (Proceeds of Crime and Financing of Terrorism 2006

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act 1924 , section 36, and the Courts of Justice Act 1936 , section 68 (as applied by the Courts (Supplemental Provisions Act 1961 , section 48), and the Courts (Supplemental Provisions) Act 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 30th day of March, 2006.

John L Murray Joseph Finnegan Adrian Hardiman Richard Johnson William McKechnie Tony Hunt Patrick Groarke Noel Rubotham Matthew Feely

I concur in the making of the following Rules of Court.

Dated this 8th day of May, 2006.

MICHAEL MCDOWELL

Minister for Justice, Equality and Law Reform

S.I. No.242 of 2006

Rules of the Superior Courts ( Proceeds of Crime and Financing of Terrorism 2006 1. The Rules of the Superior Courts are hereby amended:

(i) by the insertion in rule 1 of Order 11, immediately following paragraph (q), of the following:

“(r) any relief is sought in proceedings commenced in accordance with Order 136 of these Rules.”;

(ii) by the insertion immediately following Order 135 thereof, of the following:

“Order 136

Proceeds of Crime and Financing of Terrorism

I. Proceedings under the Proceeds of Crime Acts 1996 and 2005

1. In Part I (comprising rules 1 to 10 inclusive) of this Order:-

“the Principal Act” means the Proceeds of Crime Act 1996 ;

“the Act of 2005” means the Proceeds of Crime (Amendment) Act 2005 ;

unless the context otherwise requires, words and phrases have the same meaning as in the Principal Act.

Orders under section 2 of the Principal Act

2.(1) Subject to sub-rule (2), an application by a member, an authorised officer or the Bureau for an order under section 2(1) of the Principal Act shall be made by originating motion ex parte. The said originating motion shall be entitled:

“The High Court

Proceeds of Crime

In the Matter of the Proceeds of Crime Act 1996

and in the Matter of an Application affecting property alleged to be in the possession or control of [C.D.]

On the Application of [A.B.]”

and shall, in the body thereof, specify the relief sought under section 2(1) of the Principal Act.

(2) An application under section 2(1) of the Principal Act shall be grounded upon an affidavit or affidavits sworn by or on behalf of the applicant.

(3) Notwithstanding sub-rule (2), the Court may, in cases of urgency hear an application under section 2(1) of the Principal Act on oral evidence. Where any oral evidence is heard by the Court in the course of any such application ex parte, a note of such evidence shall be prepared by the applicant or the applicant's solicitor and approved by the Court and shall unless otherwise directed by the Court, be served upon the respondent together with a copy of the order made, if any.

(4) On the hearing of any application for an order under section 2(1 of the Principal Act, the Court may give such directions as seem appropriate

(a) as to the service of any document by substituted or other service or for the substitution for the service of notice by advertisement or otherwise in accordance with Order 10;

(b) as to the service of any document outside the jurisdiction in accordance with Order 11.

3. Any application

(a) under section 2(3) of the Principal Act to discharge or vary an order made under section 2(1) of the Principal Act,

(b) under section 2(3A) of the Principal Act (inserted by the Act of 2005) to vary an order made under section 2(1) of the Principal Act, or

(c) under section 2(4) of the Principal Act to discharge an order made under section 2(1) of the Principal Act

shall be made by notice of motion in the proceedings commenced by the originating motion referred to in rule 2, and may be grounded upon an affidavit or affidavits sworn by or on behalf of the moving party. Save in cases where the Court is satisfied that it is not reasonably possible to ascertain the respondent's whereabouts, notice of such application shall be given by delivering copies of the said notice of motion and of any grounding affidavit and any exhibits thereto to the person referred to in section 2(6) of the Principal Act not later than four clear days (or, in cases of urgency, such lesser period as the Court may allow) before the return date for the motion.

Orders under section 3 of the Principal Act

4.(1) Subject to sub-rule (6), an application for an order under section 3(1) of the Principal Act shall be made by originating notice of motion grounded on an affidavit or affidavits sworn by or on behalf of the applicant.

(2) Save in cases where the Court is satisfied that it is not reasonably possible to ascertain the respondent's whereabouts, notice of the application shall be given by delivering copies of the said originating notice of motion and grounding affidavit and any exhibits thereto to the respondent not later than four clear days before the return date of such originating notice of motion.

(3) Save as otherwise directed by the Court, any respondent to such originating notice of motion may deliver a replying affidavit within two weeks of the delivery to him or her of copies of the said originating notice of motion and grounding affidavit.

(4) Save as otherwise directed by the Court, the applicant may deliver a further affidavit within two weeks of the delivery of any replying affidavit.

(5) In addition to any other order which may be made on the hearing of the originating notice of motion, the Court may, at such hearing:

(a) make such orders or give such directions as seem appropriate for the delivery of further affidavits and for the determination of the application;

(b) make such orders or give such directions as seem appropriate as to the means by which notice of the application may be given to any respondent and any other person; or

(c) direct that the proceedings be determined by way of plenary hearing, if it considers it appropriate in the circumstances of the case, and make such orders or give such directions as seem appropriate for the delivery of pleadings and for the conduct of the proceedings.

(6) Where an order under section 2(1) of the Principal Act has been made, an application for an order under section 3(1) of the Principal Act affecting any of the property and the person or persons to which the order made under section 2(1) of the Principal Act relates may be made by notice of motion in the proceedings commenced by the originating motion referred to in rule 2(1), provided that the originating motion shall, in the body thereof, have specified the relief sought under section 3(1) of the Principal Act. In any such case, the provisions of sub-rules (1) to (5) of this rule relating to an originating notice of motion shall apply to that notice of motion.

(7) Any originating notice of motion issued in accordance with this rule shall be entitled:

“The High Court

Proceeds of Crime

In the Matter of section 3(1) of the Proceeds of Crime Act 1996

Between

AB

Applicant

and

CD

Respondent”.

5. Any application

(a) under section 3(3) of the Principal Act to discharge or vary an order made under section 3(1) of the Principal Act,

(b) under section 3(3A) of the Principal Act (inserted by the Act of 2005) to vary an order made under section 3(1) of the Principal Act, or

(c) under section 3(4) of the Principal Act to discharge an order made under section 3(1) of the Principal Act

shall be made by motion on notice, and may be grounded upon an affidavit or affidavits sworn by or on behalf of the moving party. Save in the case of an application referred to in paragraph (b) or (c) of this rule where the court is satisfied that it is not reasonably possible to ascertain the respondent's whereabouts, notice of such application shall be given by delivering copies of the notice of motion and of any grounding affidavit and any exhibits thereto to the person or (as the case may be) persons referred to in section 3(6) of the Principal Act not later than four clear days before the return date for the motion.

Orders under section 4 of the Principal Act

6.(1) An application by an applicant for an order under section 4(1) of the Principal Act shall be made by originating notice of motion grounded on an affidavit or affidavits sworn by or on behalf of the applicant. The originating motion shall be entitled:

“The High Court

Proceeds of Crime

In the Matter of section 4(1) of the Proceeds of Crime Act 1996

Between

AB

Applicant

and

CD

Respondent”.

(2) Save in cases where the Court is satisfied that it is not reasonably possible to ascertain the respondent's whereabouts, notice of the application shall be given by delivering copies of the originating notice of motion and grounding affidavit and any exhibits thereto to the respondent, and to any other person or persons as the Court may under section 4(3) of the Principal Act direct, not later than four clear days before the return date for the originating notice of motion.

(3) Save as otherwise directed by the Court, the respondent to such originating notice of motion may deliver a replying affidavit within two weeks of the delivery to him or her of copies of the said originating notice of motion and grounding affidavit.

(4) Save as otherwise directed by the Court, the applicant may deliver a further affidavit within two weeks of the delivery of any replying affidavit.

(5) In addition to any other order which may be made on the hearing of the originating motion, the Court may, at such hearing:

(a) make such...