Proceeds of Crime Act , 1996

Type Act

Publication 1996-08-04

State In force

Source Irish Statute Book

1. Interpretation.

1.—(1)In this Act, save where the context otherwise requires—

F1[‘the applicant’means a person, being a member, an authorised officer or the Criminal Assets Bureau, 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, as appropriate, any member, any authorised officer or the Criminal Assets Bureau;]

F2[“authorisation”means an authorisation for the detention of property granted undersection 1A;]

“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;

F2[“bureau officer”has the same meaning as it has in theCriminal Assets Bureau Act 1996;]

F3[‘consent disposal order’means an order undersection 3(1A)or4A(1);]

F3[‘criminal conduct’means any conduct—

(a) which constitutes an offence or more than one offence, or

(b) which occurs outside the State and which would constitute an offence or more than one offence—

(i) if it occurred within the State,

(ii) if it constituted an offence under the law of the state or territory concerned, and

(iii) if, at the time when an application is being made for an interim order or interlocutory order, 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 conduct is situated within the State;]

“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;

F1[‘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 criminal conduct;]

F1[‘property’, in relation to proceeds of crime, includes—

(a) money and all other property, real or personal, heritable or moveable,

(b) choses in action and other intangible or incorporeal property, and

(i) the respondent is domiciled, resident or present in the State, and

(ii) all or any part of the criminal conduct concerned occurs therein,

and references to property shall be construed as including references to any interest in property;]

F1[‘the respondent’means a person, wherever domiciled, resident or present, in respect of whom an interim order or interlocutory order, or an application for 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);]

F4[(1A) (a) For the avoidance of doubt, a person shall be deemed for the purposes of this Act to be in possession or control of property notwithstanding that it (or any part of it)—

(i) is lawfully in the possession of any member of the Garda Síochána, any officer of the Revenue Commissioners or any other person, having been lawfully seized or otherwise taken by any such member, officer or person,

(ii) is subject to an interim order or interlocutory order or any other order of a court which—

(I) prohibits any person from disposing of or otherwise dealing with it or diminishing its value, or

(II) contains any conditions or restrictions in that regard,

or is to the like effect,

(iii) is subject to a letting agreement, the subject of a trust or otherwise occupied by another person or is inaccessible,

and references in this Act to the possession or control of property shall be construed accordingly.

(b) Paragraph (a)(ii) is without prejudice to sections 11(2) and 13(2).]

(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.

1A.. F5[Seizure and detention of property

1A.(1) Where a bureau officer who is—

(a) in a public place,

(b) in any other place under a power of entry authorised by law or to which he or she was expressly or impliedly invited or permitted to be, or

finds or comes into possession of any property and he or she has reasonable grounds for suspecting that the property—

(i) in whole or in part, directly or indirectly, constitutes proceeds of crime, and

(ii) is of a total value of not less than€5,000,

he or she may seize and detain the property for a period not exceeding 24 hours.

(2) Where a bureau officer has seized and detained property in accordance withsubsection (1), the Chief Bureau Officer may, before the expiration of the relevant period of 24 hours, if he or she—

(a) is satisfied that there are reasonable grounds for suspecting that the property, in whole or in part, directly or indirectly, constitutes proceeds of crime,

(b) is satisfied that there are reasonable grounds for suspecting that the total value of the property is not less than€5,000,

(c) is satisfied that the Criminal Assets Bureau is carrying out an investigation into whether there are sufficient grounds to make an application to the Court for an interim order or an interlocutory order in respect of the property, and

(d) has reasonable grounds for believing that the property, in whole or in part, may in the absence of an authorisation, be disposed of or otherwise dealt with, or have its value diminished, before such an application may be made,

authorise the detention of the property by the Criminal Assets Bureau for a further period not exceeding 21 days.

(3) The Chief Bureau Officer shall give notice in writing of an authorisation to any person having possession or control of the property and any other person who appears to be or is affected by it, unless the Chief Bureau Officer is satisfied that it is not reasonably possible to ascertain his, her or their whereabouts.

(4) A notice given under this section shall include the reasons for the authorisation and inform the person to whom the notice is given of his or her right to make an application undersection 1B.

(5) The reasons given in a notice under this section need not include details the disclosure of which there are reasonable grounds for believing would prejudice the investigation in respect of which the authorisation is given.

(6) The Chief Bureau Officer may vary or revoke an authorisation and shall revoke an authorisation if any of the grounds on which it was issued no longer exists.

(7) In this section,‘property’does not include land.]

1B.. F6[Application to Court

1B.(1) A person who has possession or control of property which is the subject of an authorisation, or who is affected by an authorisation, may at any time while the authorisation is in force apply to the Court to have the authorisation varied or revoked, and the Court may, if it is satisfied that—

(a) there are no reasonable grounds for suspecting that the property the subject of the authorisation may, in whole or in part, directly or indirectly, constitute proceeds of crime,

(b) there are no reasonable grounds for suspecting that the total value of the property is not less than€5,000,

(c) there is no reasonable prospect that an application to the Court for an interim order or an interlocutory order in respect of the property, in whole or in part, will be made before or upon the expiration of the authorisation, or

(d) there are no reasonable grounds for believing that the property, in whole or in part, would in the absence of the authorisation, be disposed of or otherwise dealt with, or have its value diminished, before an application for an interim order or an interlocutory order may be made in respect of it,

vary or revoke the authorisation.

(2) Without prejudice to the generality ofsubsection (1), the Court in dealing with an application under that subsection may make such order that it considers appropriate if satisfied that it is necessary to do so for the purpose of enabling the person—

(a) to discharge the reasonable living and other necessary expenses, including legal expenses in or in relation to legal proceedings, incurred or to be incurred in respect of the person or the person’s dependants, or

(b) to carry on a business, trade, profession or other occupation to which any of the property relates.

(3) An application undersubsection (1)may be made only if notice has been given to the Criminal Assets Bureau.

(4) Proceedings under this section shall be heard otherwise than in public.]

1C.. F7[Compensation

1C.(1) Where property is detained under an authorisation and—

(a) an application to the Court for an interim order or an interlocutory order in respect of the property, in whole or in part, is not made before the expiration of the authorisation, or

(b) such an application is made but the Court does not make an interim order, or an interlocutory order, as the case may be, in respect of the property,

the Court may, on application to it in that behalf by a person who shows to the satisfaction of the Court that he or she is the owner of the property, award to the person such (if any) compensation payable by the Minister as it considers just in the circumstances in respect of any loss incurred by the person by reason of the authorisation concerned.

(2) An application undersubsection (1)may be made only if notice has been given to the Criminal Assets Bureau.]

2. Interim order.

2.—(1)F8[Where it is shown to the satisfaction of the Court on application to itex partein that behalf by a member, an authorised officer or the Criminal Assets Bureau]—

(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 F9[€5,000],

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 F9[€5,000],

discharge or, as may be appropriate, vary the order.

F10[(3A) Without prejudice to sections 3(7) and 6, where an interim order is in force, the Court may, on application to it in that behalf by the applicant or any other person, vary the order to such extent as may be necessary to permit—

(a) the enforcement of any order of a court for the payment by the respondent of any sum, including any sum in respect of costs,

(b) the recovery by a county registrar or sheriff of income tax due by the respondent pursuant to a certificate issued by the Collector-General undersection 962 of the Taxes Consolidation Act 1997, together with the fees and expenses provided for in that section, or

(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,

F11[(b) in case the application is under subsection (3A) or (4), by the applicant or other person making the application to the respondent, unless the Court is satisfied that it is not reasonably possible to ascertain the respondent's 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.

F12[(7) An application under subsection (1) may be made by originating motion.]

3. Interlocutory order.

3.—(1)F13[Where, on application to it in that behalf by a member, an authorised officer or the Criminal Assets Bureau, it appears to the Court on evidence tendered by the applicant, which may consist of or include 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 F14[€5,000],

F13[the Court shall, subject tosubsection (1A), 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 F14[€5,000]:

Provided, however, that the Court shall not make the order if it is satisfied that there would be a serious risk of injustice.

F15[(1A) On such an application the Court, with the consent of all the parties concerned, may make a consent disposal order, and section 4A shall apply and have effect accordingly.]

(2)An interlocutory order—

(a)may contain such provisions, conditions and restrictions as the Court considers necessary or expedient, and

(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 any other injustice, discharge or, as may be appropriate, vary the order.

F16[(3A) Without prejudice to subsection (7) and section 6, where an interlocutory order is in force, the Court may, on application to it in that behalf by the applicant or any other person, vary the order to such extent as may be necessary to permit—

(a) the enforcement of any order of a court for the payment by the respondent of any sum, including any sum in respect of costs,

(4)The Court shall, on application to it in that behalf at any time by the applicant, discharge an interlocutory order.

(5)Subject to subsections (3) and (4), an interlocutory order shall continue in force until—

(a)the determination of an application for a disposal order in relation to the property concerned,

(b)the expiration of the ordinary time for bringing an appeal from that determination,

(c)if such an appeal is brought, it or any further appeal is determined or abandoned or the ordinary time for bringing any further appeal has expired,

whichever is the latest, and shall then lapse.

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.