CRIMINAL JUSTICE ACT, 1994

then, the Revenue Commissioners shall, subject to subsection (4) of this section and notwithstanding any obligation as to secrecy or other restriction upon disclosure of information imposed by or under any statute or otherwise, produce, or provide access to, such information to a relevant person.

• (3)
• (a) The Revenue Commissioners may authorise any officer of the Revenue Commissioners serving in a grade not lower than that of Principal Officer or its equivalent to perform any acts and discharge any functions authorised by this section to be performed or discharged by the Revenue Commissioners and references in this section, other than in this subsection, to the Revenue Commissioners shall, with any necessary modifications, be construed as including references to an officer so authorised.

• (b) The Revenue Commissioners may by notice in writing revoke an authorisation given by them under this section, without prejudice to the validity of anything previously done thereunder.

• (c) In any proceedings arising out of a relevant investigation, a certificate signed by a Revenue Commissioner or an officer authorised under paragraph (a) of this subsection, as the case may be, certifying that information specified in the certificate has been produced to or access to such information has been provided to a relevant person shall, unless the contrary is proved, be evidence without further proof of the matters stated therein or of the signature thereon.

• (4) Where information has been supplied to the Revenue Commissioners by or on behalf of the government of another state in accordance with an undertaking (express or implied) on the part of the Revenue Commissioners that the material will be used only for a particular purpose or purposes, no action under this section shall have the effect of requiring or permitting the production of, or the provision of access to, the information for a purpose other than one permitted in accordance with the undertaking and the information shall not, without the consent of the other state, be further disclosed or used otherwise than in accordance with the undertaking.]

64. Authority for search.

64.—F106[(1) A member of the Garda Síochána may apply to a judge of the District Court for a warrant under this section in relation to specified premises for the purposes of an investigation into any of the following matters:

• (a) drug trafficking;

• (b) the commission of an offence of financing terrorism;

• (c) the commission of an offence under section 31 of this Act;

• (d) whether a person has benefited from drug trafficking;

• (e) whether a person holds funds subject to confiscation;

• (f) whether a person has benefited from F107[an offence in respect of which a confiscation order might be made under section 8F or 9] of this Act.]

• (2) On an application being made under subsection (1) of this section, the judge may issue a warrant authorising a specified member of the Garda Síochána, accompanied by such other F108[persons] as the member thinks necessary, to enter, by force if necessary, and search the premises if he is satisfied—

• (a) that an order made under section 63 of this Act in relation to material on the premises has not been complied with, or

• (b) that the conditions in subsection (3) of this section are fulfilled, or

• (c) that the conditions in subsection (4) of this section are fulfilled.

• (3) The conditions referred to in subsection (2) (b) of this section are—

• F106[(a) that there are reasonable grounds for suspecting that a specified person—

• (i) has carried on drug trafficking,

• (ii) has committed an offence of financing terrorism,

• (iii) has committed an offence under section 31 of this Act,

• (iv) has benefited from drug trafficking,

• (v) holds funds subject to confiscation, or

• (vi) has benefited from F107[an offence in respect of which a confiscation order might be made under section 8F or 9], and]

• (b) that the conditions in section 63 (4) (b) and (c) of this Act are fulfilled in relation to any material on the premises, and

• (c) that it would not be appropriate to make an order under that section in relation to the material because—

• (i) it is not practicable to communicate with any person entitled to produce the material, or

• (ii) it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated, or

• (iii) the investigation for the purpose of which the application is made might be seriously prejudiced unless a member of the Garda Síochána could secure immediate access to the material.

• (4) The conditions referred to in subsection (2) (c) of this section are—

• F106[(a) that there are reasonable grounds for suspecting that a specified person—

• (i) has carried on drug trafficking,

• (ii) has committed an offence of financing terrorism,

• (iii) has committed an offence under section 31 of this Act,

• (iv) has benefited from drug trafficking,

• (v) holds funds subject to confiscation, or

• (vi) has benefited from F107[an offence in respect of which a confiscation order might be made under section 8F or 9], and

• (b) that there are reasonable grounds for suspecting that there is on the premises material that—

• (i) relates to the specified person or to—

• (I) drug trafficking,

• (II) an offence of financing terrorism,

• (III) an offence under section 31 of this Act, or

• (IV) F107[an offence in respect of which a confiscation order might be made under section 8F or 9] of this Act,

and

• (ii) is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made, and

• (iii) cannot be particularised at the time of the application, and]

• (c) that—

• (i) it is not practicable to communicate with any person entitled to grant entry to the premises, or

• (ii) entry to the premises will not be granted unless a warrant is produced, or

• (iii) the investigation for the purpose of which the application is made might be seriously prejudiced unless a member of the Garda Síochána arriving at the premises could secure immediate entry to them.

• (5) Where a member of the Garda Síochána has entered premises in the execution of a warrant issued under this section, he may seize and retain any material, other than items subject to legal privilege, which is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the warrant was issued.

65. Compensation.

65.—(1) F109[If proceedings are instituted against a person for a drug trafficking offence, an offence of financing terrorism, an offence in respect of which a F110[confiscation order might be made under section 9, a relevant offence], or for more than one of any of those offences,] and either—

• (a) the proceedings do not result in his conviction for any such offence, or

• (b) where he is convicted of one or more such offences—

• (i) the conviction or convictions concerned are quashed, or

• (ii) he is pardoned by the President in respect of the conviction or convictions concerned,

the High Court may, on an application by a person who held property which was realisable property, order compensation to be paid to the applicant if, having regard to all the circumstances, it considers it appropriate to make such an order.

• (2) The court shall not order compensation to be paid in any case under this section unless the court is satisfied—

• (a) that there has been some serious default on the part of a person concerned in the investigation or prosecution of the offence concerned, and

• (b) that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of an order under this Act.

• (3) The court shall not order compensation to be paid under this section in any case where it appears to the court that the proceedings would have been instituted or continued even if the serious default had not occurred.

• (4) The court may order compensation to be paid under this section to a person with an interest in property affected by a confiscation order or a F111[freezing order] notwithstanding that he is not the person who was the subject of the relevant investigation or prosecution.

• F112[(4A) The court may order compensation to be paid under this section to a person with an interest in property affected by an order made under section 35, 51, or 60 or executed under section 51A or 60D of the Criminal Justice (Mutual Assistance) Act 2008—

• (a) notwithstanding that he or she is not the person who was the subject of the relevant investigation, and

• (b) only if the court is satisfied—

• (i) that there has been some serious default on the part of a person concerned in the carrying out of that order on behalf of the State, and

• (ii) that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of that order.]

• (5) The compensation to be paid under this section shall be such amount as the court thinks just in all the circumstances of the case.

66. Compensation, etc. where absconder is acquitted.

66.—(1) This section applies where—

• (a) the High Court has made a confiscation order in the exercise of its powers under section 13 (4) of this Act, and

• (b) the defendant is subsequently tried for the offence or offences concerned and acquitted on all counts.

• (2) The court by which the defendant is acquitted shall cancel the confiscation order.

• (3) The High Court may, on the application of a person who held property which was realisable property, order compensation to be paid to the applicant if it is satisfied that the applicant has suffered loss as a result of the making of the confiscation order.

• (4) The amount of compensation to be paid under this section shall be such as the court considers just in all the circumstances of the case.

• (5) Where the court cancels a confiscation order under this section it may make such consequential or incidental order as it considers appropriate in connection with the cancellation.

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

67.—(1) This section applies where—

• (a) the High Court has made a confiscation order by virtue of section 13 (4) of this Act in relation to an absconder,

• (b) the defendant has ceased to be an absconder, and

• (c) section 66 of this Act does not apply.

• (2) The High Court may, on the application of the defendant, cancel the confiscation order if it is satisfied that—

• (a) there has been undue delay in continuing the proceedings in respect of which the power under section 13 (4) of this Act was exercised; or

• (b) the Director of Public Prosecutions does not intend to proceed with the prosecution.

• (3) Where the High Court cancels a confiscation order under this section it may, on the application of a person who held property which was realisable property, order compensation to be paid to the applicant if it is satisfied that the applicant has suffered loss as a result of the making of the confiscation order.

• (4) The amount of compensation to be paid under this section shall be such as the court considers just in all the circumstances of the case.

• (5) Where the court cancels a confiscation order under this section it may make such consequential or incidental order as it considers appropriate in connection with the cancellation.

68. Expenses.

68.—The expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

FIRST SCHEDULE Enforcement Powers in Respect of Ships

Section 35.

Preliminary

“an enforcement officer” means—

• (a) a member of the Garda Síochána,

• (b) an officer of customs and excise,

• (c) a member of the Naval Service of the Defence Forces not below the rank of petty officer, and

• (d) any other person of a description specified in an order made for the purposes of this Schedule by the Minister;

“the ship” means the ship in relation to which the powers conferred by this Schedule are exercised.

• (2) An order under this Schedule (including an order made under this subparagraph) may be amended or revoked by the Minister.

• (3) Every order made under this Schedule shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Power to stop, board, divert and detain a ship

• (2) Where an enforcement officer is exercising his powers with the authority of the Minister for Foreign Affairs given under section 35 of this Act, the officer may require the ship to be taken to a port in the Convention state in question or, if that state has so requested, in any other country or territory willing to receive it.

• (3) For any of the purposes of this Schedule an enforcement officer may require the master or any member of the crew to take such action as may be necessary.

• (4) If an enforcement officer detains a ship, he shall serve on the master a notice in writing that it is to be detained until the notice is withdrawn by the service on him of a further notice in writing signed by an enforcement officer.

Power to search and obtain information

• (2) An enforcement officer may require any person on the ship to give information concerning himself or anything on the ship.

• (3) Without prejudice to the generality of the powers conferred by this paragraph, an enforcement officer may—

• (a) open any container,

• (b) make tests and take samples of anything on the ship,

• (c) require the production of documents, books or records relating to the ship or anything on it,

• (d) make photographs or copies of anything whose production he has power to require.

Powers in respect of suspected offence

• (a) arrest without warrant anyone whom he has reasonable grounds for suspecting to be guilty of the offence, and

• (b) seize and detain anything found on the ship which appears to him to be evidence of the offence,

and section 9 (1) of the Criminal Law Act, 1976, shall apply in relation to anything seized under this paragraph.

Assistants

• (a) any other persons, and

• (b) any equipment or materials.

• (2) A person whom an enforcement officer takes with him to assist him may perform any of the officer's functions but only under the officer's supervision.

Use of reasonable force

Evidence of authority

Protection of officers

Offences

• (a) intentionally obstructs an enforcement officer in the performance of any of his functions under this Schedule,

• (b) fails without reasonable excuse to comply with a requirement made by an enforcement officer in the performance of those functions, or

• (c) in purporting to give information required by an officer for the performance of those functions—

• (i) makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular, or

• (ii) intentionally fails to disclose any material particular.

• (2) A person guilty of an offence under this paragraph shall be liable—

• (a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both, or

• (b) on conviction on indictment, to a fine not exceeding £5,000 or to a term of imprisonment not exceeding 5 years or to both.

F114[SCHEDULE 1A Relevant Offences

Section 3.

Part 1

Relevant offences which are not extended confiscation offences

F116[4. An offence under—

• (a) section 6 or 7 of the Criminal Law (Sexual Offences) Act 2017 (No. 2 of 2017), or

• (b) section 8 of that Act in so far as such offence is covered by an instrument referred to in the Article 3 of the Directive.]

Part 2

Relevant offences which are extended confiscation offences

• (a) section 15(1);

• (b) section 15A;

• (c) section 15B;

• (d) section 15C;

• (e) section 17(2);

• (f) section 20(1);

• (g) section 21(1);

• (h) section 21(2) consisting of a contravention of Regulation 4 of the Misuse of Drugs Regulations 1988 (S.I. No. 328 of 1988).

F119[8. (a) An offence under section 3(1), (2), (3) or (4) of the Child Trafficking and Pornography Act 1998 (No. 22 of 1998) (in this paragraph referred to as the "Act of 1998") in so far as such offence is an offence referred to in Article 5 of the Directive:

• (b) An offence under section 4A of the Act of 1998

• (c) An offence under section 5 of the Act of 1998 in so far as such offence is an offence referred to in Article 5 of the Directive

• (d) An offence under section 5A(1) of the Act of 1998.]

• (a) section 4 F118[(but only in so far as such offence is an offence referred to in Article 5 of the Directive)];

• (b) section 9;

• (c) section 17(1) F118[(but only in so far as such offence is an offence referred to in Article 5 of the Directive)];

• (d) section 18(1) F118[(but only in so far as such offence is an offence referred to in Article 5 of the Directive)];

• (e) section 25(1);

• (f) section 26(1) F118[(but only in so far as such offence is an offence referred to in Article 5 of the Directive)];

• (g) section 29(1) F118[(but only in so far as such offence is an offence referred to in Article 5 of the Directive)];

• (h) section 29(3);

• (i) section 33(1);

• F120[(ia) section 33(1A);]

• (j) section 34(1);

• (k) section 34(2);

• F120[(ka) section 34(2A);]

• (l) section 35(1);

• (m) section 36(1);

• (n) section 36(2);

• (o) section 37(1) F118[(but only in so far as such offence is an offence referred to in Article 5 of the Directive)];

• (p) F121[section 38(1);]

• F120[(pa) section 38(2);

• (pb) section 38A(1);]

• F122[(q) section 42(1);

• (r) section 42A.]

F119[13. An offence under—

• (a) section 71A of the Criminal Justice Act 2006 (No. 26 of 2006), or

• (b) section 72 of that Act in so far as such offence is an offence referred to in Article 5 of the Directive.]

• (a) section 3;

• (b) section 4;

• (c) section 6.

F123[17A. An offence under section 5 of the Criminal Justice (Corruption Offences) Act 2018.]

SECOND SCHEDULE Taking of Evidence for Use Outside State

Section 51.

F125[…]

Footnotes