International Criminal Court Act 2006

AN ACT TO PROVIDE FOR THE PUNISHMENT BY COURTS IN THE STATE AND BY COURTS-MARTIAL OF GENOCIDE, CRIMES AGAINST HUMANITY, WAR CRIMES AND OTHER OFFENCES WITHIN THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT, WHICH WAS ESTABLISHED UNDER THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT, DONE AT ROME ON 17 JULY 1998; TO ENABLE EFFECT TO BE GIVEN TO REQUESTS BY THAT COURT FOR ASSISTANCE IN THE INVESTIGATION OR PROSECUTION OF THOSE OFFENCES, INCLUDING REQUESTS TO ARREST AND SURRENDER PERSONS, TO FREEZE ASSETS AND TO ENFORCE ANY FINES OR FORFEITURES IMPOSED BY IT; TO MAKE PROVISION IN RELATION TO ANY SITTINGS OF THE COURT THAT MAY BE HELD IN THE STATE; AND TO PROVIDE FOR RELATED MATTERS.

[31st October, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1 Preliminary and General

1. Short title.

1.—This Act may be cited as the International Criminal Court Act 2006.

2. Interpretation (general).

2.—(1) In this Act, unless the context otherwise requires—

“act”, except where the context otherwise requires, includes omission, and references to conduct are to be construed accordingly;

“Act of 1994” means the Criminal Justice Act 1994;

“ancillary offence” shall be construed in accordance with section 8(1) ;

“another state” means a state other than the State;

“Article” means an Article of the Statute;

F1[“crime of aggression” has the same meaning as it has in Article 8 bis;

“crime within the jurisdiction of the International Criminal Court” means, subject to subsection (1B), any of the following:

• (a) genocide (within the meaning of section 6(1));

• (b) a crime against humanity (within the meaning of section 6(1));

• (c) a war crime (within the meaning of section 6(1));

• (d) subject to subsection (1A), the crime of aggression;

• (e) the intentional committing of any of the acts specified in Article 70.1 (offences against the administration of justice);

• (f) an act specified in a relevant amendment and prescribed in an order made under section 64A;]

“document” includes—

• (a) a map, plan, graph, drawing, photograph, photographic negative, record, book, periodical or pamphlet, and

• (b) where appropriate, any tape, computer disk or other thing on which data capable of conversion into any permanent legible form is stored;

“Elements of Crimes” means Elements of Crimes (including any amendments thereto) adopted under Article 9;

“Extradition Acts” means the Extradition Acts 1965 to 2001;

“functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the performance of the duties;

“ICC offence” has the meaning given to it by section 9(1);

“Minister” means the Minister for Justice, Equality and Law Reform;

“Pre-Trial Chamber” means the Pre-Trial Chamber of the International Criminal Court;

“prison” means a place of custody administered by or on behalf of the Minister and includes—

• (a) F2[…]

• (b) a place provided under section 2 of the Prisons Act 1970,

• (c) a place specified under section 3 of the Prisons Act 1972, and

• (d) a remand centre designated under section 88 of the Children Act 2001;

“property” includes—

• (a) money and all other property, real or personal, movable or immovable,

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

• (c) proceeds of the disposal of property;

“Prosecutor” means the Prosecutor of the International Criminal Court;

F1[“relevant amendment” has the meaning assigned to it by section 64A;]

“remand institution” means an institution (other than a prison) within the meaning of the Criminal Justice Act 1960;

“Rules of Procedure and Evidence” means the Rules of Procedure and Evidence (including any amendments thereto) adopted under Article 51;

F3[“Statute”, subject to section 64A, means the Rome Statute of the International Criminal Court, done at Rome on 17 July 1998, as amended by the text set out—

• (a) in Annex I of Resolution RC/Res.5, adopted on 10 June 2010 pursuant to Article 121 (the text of which amendment in the English language is set out in paragraph 1 of Part 1 of Schedule 1A),

• (b) in Annex I of Resolution RC/Res.6, adopted on 11 June 2010 pursuant to Article 121 (the text of which amendment in the English language is set out in Part 2 of Schedule 1A),

• (c) in Annexes I to III of Resolution ICC-ASP/16/Res.4, adopted on 14 December 2017 pursuant to Article 121 (the text of which amendment in the English language is set out in paragraph 2 of Part 1 of Schedule 1A), and

• (d) in Annex I of Resolution ICC-ASP/18/Res.5, adopted on 6 December 2019 pursuant to Article 121 (the text of which amendment in the English language is set out in paragraph 3 of Part 1 of Schedule 1A);]

“surrender order” means an order of the High Court under section 25 for the surrender of a person.

• F1[(1A) For the purposes of paragraph (d) of the definition of crime within the jurisdiction of the International Criminal Court, the reference to Article 8 bis in the definition of crime of aggression shall not be construed as a reference to that Article as amended by a relevant amendment.

• (1B) In this Act, a reference to a crime within the jurisdiction of the International Criminal Court shall be construed as including any act in respect of which a person who commits such an act is by virtue of Article 25, 27 or 28 criminally responsible for any of the acts referred to in paragraphs (a) to (f) of the definition of crime within the jurisdiction of the International Criminal Court in subsection (1).]

• (2) Nothing in this Act (except in so far as may be required by section 18) prevents the surrender of a person in accordance with the Extradition Acts or the European Arrest Warrant Act 2003.

• (3) In this Act, unless the context otherwise requires—

• (a) a reference to a section or Part is to a section or Part of this Act,

• (b) a reference to a subsection, paragraph or subparagraph is to a subsection, paragraph or subparagraph of the provision in which the reference occurs,

• (c) a reference to a Schedule is to a Schedule to this Act, and

• (d) a reference to any enactment is a reference to that enactment as amended or adapted by or under any subsequent enactment.

3. Interpretation by courts of Act and Statute.

3.—(1) In interpreting the Act and Statute a court, where necessary, may—

• (a) take account of the Rules of Procedure and Evidence, the Elements of Crimes and any relevant judgment or decision of the International Criminal Court,

• (b) take account of any other relevant judgment, and

• (c) consider the travaux préparatoires relating to the Statute and the published views of commentators on its text and give them such weight as may appear to the court to be appropriate in the circumstances.

• (2) For the purposes of its application in relation to the State references in the Statute to a State Party, requested state or custodial state shall be construed, where the context so permits—

• (a) as references to the State, or

• (b) where the provisions in which the references occur require, or may require, the performance on behalf of the State of executive functions, as references to the Minister.

• (3) Judicial notice shall be taken of the Statute.

• (4) The text of the Statute in the English language is set out in Schedule 1 for convenience of reference.

• (5) In this section “court” means a court in the State and includes a court-martial, whether held within or outside the State.

4. Requests by International Criminal Court.

4.—(1) In relation to any request by the International Criminal Court for the arrest and surrender, or the provisional arrest, of a person or for assistance under Article 93 (other forms of co-operation) the Minister may presume, unless he or she has any information to the contrary, that the request—

• (a) has been duly made and transmitted in accordance with the relevant provisions of the Statute, and

• (b) is being made in connection with the investigation or prosecution of F4[crimes within the jurisdiction of the International Criminal Court].

• (2)
• (a) Where a request by the Court involves the disclosure of information and such a disclosure would in the Minister's opinion be prejudicial to the interests of the security of the State, he or she shall—

• (i) in accordance with Article 93.5, consider whether the information can be provided subject to specified conditions or whether the assistance concerned can be provided at a later date or in an alternative manner, and

• (ii) if of opinion that the information cannot be so provided, act in conjunction with the Prosecutor, the defendant's legal advisers or the Pre-Trial Chamber or Trial Chamber of the Court to seek to resolve the issue in accordance with paragraph 5 of Article 72.

• (b) Where the Minister becomes aware that such information is, or is likely to be, disclosed in an investigation or proceedings instituted by the Court, he or she shall, in accordance with paragraph 4 of that Article, intervene in order to obtain a resolution of the issue.

• (c) If—

• (i) the issue remains unresolved, and

• (ii) the Minister is of opinion that there are no means by which, or conditions under which, the information could be disclosed without prejudicing the interests of the security of the State,

the Minister shall—

• (I) notify the Prosecutor or the Court of that opinion and of the specific reasons for it unless to do so would itself necessarily result in prejudicing those interests, and

• (II) participate in any consultations requested by the Court under Article 72.7(a)(i) in relation to the issue.

• (d) For the purposes of this subsection Article 72 and paragraphs 4 and 5 of Article 93 shall have effect with any necessary modifications.

• (e) In any proceedings a document purporting to be signed by the Minister and to certify that in his or her opinion—

• (i) disclosure of information in compliance with a request from the Court, or

• (ii) as the case may be, any further such disclosure,

would be prejudicial to the interests of the security of the State shall be admissible in evidence, without further proof, of that opinion.

• (f) In this subsection references to the disclosure of information include references to the provision of documents, and cognate words shall be construed accordingly.

• (3) Where compliance with a request by the Court is prohibited under the law of the State on the basis of a fundamental legal principle of general application, the Minister shall, in accordance with Article 93.3, consult with the Court to try to resolve the matter.

• (4) If a request for assistance is refused, the Minister shall inform the Court or the Prosecutor of the reasons for the refusal.

• (5) In accordance with Article 93.8 the Minister—

• (a) may, when necessary, transmit information or documents to the Prosecutor on a confidential basis for use by him or her solely for the purpose of generating new evidence, and

• (b) may subsequently consent to their disclosure.

• (6) Any request mentioned in subsection (1) and any supporting or related documents shall constitute official information within the meaning of the Official Secrets Act 1963.

• (7) Competing requests for assistance from the Court and from another state pursuant to an international obligation of the State, other than requests for surrender or extradition, shall be dealt with by the Minister in accordance with Article 93.9.

5. Expenses.

5.—The expenses incurred in the administration of this Act (including the contribution of the State to the funds of the International Criminal Court under Article 115 but excluding costs to be borne by the Court under Article 100) shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2 Domestic Jurisdiction in ICC Offences

6. Interpretation (Part 2).

6.—(1) In this Part, unless the context otherwise requires—

“court” means, as appropriate, the Central Criminal Court, Special Criminal Court or, in relation to persons subject to military law, a court-martial, whether held inside or outside the State;

“crime against humanity” means any of the acts specified in Article 7;

“genocide” means any of the acts specified in Article 6;

“war crime” means any of the acts specified in Article 8.2 (except subparagraph (b)(xx)).

• (2) In Articles 7 and 8 references to murder shall be construed as references to the killing of a person in such circumstances as would, if committed in the State, constitute murder.

• F5[(3) A reference in this section to an Article shall not be construed as a reference to that Article as amended by a relevant amendment.]

7. Genocide, crimes against humanity and war crimes.

7.—(1) Any person who commits genocide, a crime against humanity or a war crime is guilty of an offence.

• (2) The Genocide Act 1973 (the “1973 Act”) is repealed.

• (3) The repeal effected by subsection (2) is without prejudice to the obligations of the State under the Convention on the Prevention and Punishment of the Crime of Genocide adopted by the General Assembly of the United Nations on 9 December 1948, the text of which is set out in Schedule 4.

• (4) Notwithstanding subsection (2), proceedings under the 1973 Act may be taken after the passing of this Act for an offence under that Act committed before such passing.

8. Offences ancillary to genocide, crimes against humanity and war crimes.

8.—F6[(1) Subject to subsection (1A), any person who does any act specified in Article 25.3 (individual criminal responsibility), other than an act in relation to the crime of aggression, is guilty of an offence (in this Act referred to as an “ancillary offence”).]

• F7[(1A) For the purposes of subsection (1), a reference in Article 25.3 to a crime within the jurisdiction of the Court shall not be construed in accordance with the text of the Statute as amended by a relevant amendment.]

• (2) Subsection (1) is without prejudice to section 7 (penalties for assisting offenders) of the Criminal Law Act 1997.

9. Proceedings for ICC offence.

9.—(1) In this Act “ICC offence” means genocide, a crime against humanity, a war crime or an ancillary offence.

• (2) No further proceedings (other than a remand in custody or on bail) shall be taken in relation to a person charged with an ICC offence except by or with the consent of the Director of Public Prosecutions.

• (3) Proceedings for an ICC offence committed outside the State may be taken in any place in the State, and the offence may for all incidental purposes be treated as having been committed in that place.

• (4) Without prejudice to section 7(4) , proceedings may not be taken in respect of conduct constituting an ICC offence if the conduct occurred before the passing of this Act.

• F8[(5) Without prejudice to the generality of subsection (4), proceedings may not be taken in respect of—

• (a) an alleged war crime in respect of an alleged infringement of subparagraph (b)(xxvii), (b)(xxviii), (b)(xxix), (e)(xiii), (e)(xiv), (e)(xv), (e)(xvi), (e)(xvii), (e)(xviii) or (e)(xix) of Article 8.2, or

• (b) an alleged ancillary offence relating to an alleged infringement referred to in paragraph (a),

where such alleged infringement or alleged ancillary offence, as the case may be, is in respect of conduct that occurred before the coming into operation of paragraph (a)(i) of section 43 of the Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Act 2026.]

10. Penalty for ICC offence.

10.—(1) A person convicted of an ICC offence is liable—

• (a) to imprisonment for life if—

• (i) the offence involves murder, or

• (ii) a term of life imprisonment would be justified by the extreme gravity of the offence and the individual circumstances of the convicted person,

• (b) in any other case, to imprisonment for a term not exceeding 30 years,

• (c) to a fine in accordance with the criteria provided for in the Rules of Procedure and Evidence, and

• (d) if the person has obtained property as a result of or in connection with the offence, to having a confiscation order made in respect of him or her under section 9 of the Act of 1994.

• (2) In determining the penalty to be imposed the court shall take account of the provisions of Article 78 (determination of the sentence).

• (3) Sums recovered under a confiscation order made in relation to an ICC offence shall, if the court so directs, be applied wholly or partly in reparation to victims of the conduct constituting the offence.

11. Offences against administration of justice.

11.—(1) It shall be an offence for a person to do intentionally any of the acts mentioned in paragraph 1 of Article 70 (offences against the administration of justice) in relation to proceedings—

• (a) before the International Criminal Court, or

• (b) before a court for an ICC offence,

and for the purposes of the proceedings mentioned in paragraph (b) references to the International Criminal Court in paragraph 1 and the first sentence of paragraph 2 of that Article shall be construed as references to a court.

• (2)
• (a) A person convicted of an offence under subsection (1)(b) is liable—

• (i) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or

• (ii) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.

• (b) Subject to paragraph (a)(i), the amount of any fine to be imposed shall be determined having regard to the Rules of Procedure and Evidence.

• (3) No further proceedings (other than a remand in custody or on bail) shall be taken in relation to a person charged with an offence under this section except by or with the consent of the Director of Public Prosecutions.

12. Extra-territorial jurisdiction.

12.—(1) An Irish national who does an act outside the State that, if done within it, would constitute an ICC offence or an offence under section 11(1) is guilty of that offence and liable to the penalty provided for it.

• (2) Subsection (1) also applies in relation to a person of any other nationality who does an act outside the State that, if done within it, would constitute both—

• (a) a war crime under subparagraph (a) (grave breaches of the Geneva Conventions) or (b) (other specified serious violations of the laws and customs applicable in international armed conflict) of Article 8.2, and

• (b) an offence under section 3 (grave breaches of the Geneva Conventions and Protocol I thereto) of the Geneva Conventions Act 1962.

• (3) An act which—

• (a) is done outside the State on board an Irish ship or Irish controlled aircraft, and

• (b) if done within it, would constitute an ICC offence,

is deemed for the purposes of this Act to have been done within the State.

• (4) The reference in subsection (2)(b) to section 3 of the Geneva Conventions Act 1962 is to that section as amended by section 3 of the Geneva Conventions (Amendment) Act 1998 and by paragraph 2 of Schedule 3.

• F9[(4A) The reference in subsection (2)(a) to Article 8.2 shall not be construed as a reference to that Article as amended by a relevant amendment.]

• (5) In this section—

“Irish controlled aircraft” has the meaning given to it by section 1(1) of the Air Navigation and Transport Act 1973;

“Irish ship” has the meaning given to it by section 9 of the Mercantile Marine Act 1955.

13. Applicable law.

13.—(1) The law (including common law) of the State shall, subject to subsection (2), apply in determining whether a person has committed an offence under this Part.

• (2) Article 27 (application of Statute to all persons without any distinction based on official capacity) and paragraphs (a) and (b) of Article 28 (responsibility of commanders and other superiors for crimes within the jurisdiction of the International Criminal Court) shall apply, as appropriate and with any necessary modifications, in relation to any such determination.

• (3) This section is without prejudice to section 3(1).

14. Protection of victims and witnesses.

14.—(1) In proceedings for an offence under this Part—

• (a) the measures specified in paragraphs 1 and 5 of Article 68 (protection of victims and witnesses and their participation in proceedings) shall, where appropriate, be taken during the investigation and prosecution of the offence, and

• (b) the court concerned shall, where appropriate, take the measures specified in paragraphs 1 to 3 and 5 of that Article.

• (2) Any such measures or the manner in which they are taken shall not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.

• (3) An application may be made in any such proceedings by or on behalf of the Director of Public Prosecutions for necessary measures to be taken for the protection of any servants or agents of the State involved in the proceedings and for the protection of confidential or sensitive information; and the court may grant the application if satisfied that it is in the interests of justice to do so.

PART 3 Requests by International Criminal Court for Arrest and Surrender of Persons

15. Interpretation (Part 3).

15.—In this Part—

F11[“appeal proceedings” means proceedings relating to—

• (a) a complaint under Article 40.4.2° of the Constitution (including any proceedings on appeal from a decision on the complaint),

• (b) an appeal on a point of law to the Court of Appeal against a surrender order or an appeal to that Court against a refusal of such an order, or

• (c) an appeal to the Supreme Court (whether under Article 34.5.4° or on an appeal from a decision of the Court of Appeal);]

“provisional arrest warrant” means a warrant issued under section 22(1);

“state of enforcement” means a state (other than the State) which is designated by the International Criminal Court under Article 103(1) from a list of states which have indicated to the Court their willingness to accept persons sentenced by it.

16. Effect of release under this Part.

16.—Where—

• (a) a person whose surrender has been requested by the International Criminal Court for an offence within its jurisdiction is in custody under this Part, and

• (b) the person is also in custody for another offence,

his or her release under this Part shall not affect his or her custody for that other offence.

17. Request for arrest and surrender.

17.—(1) A request by the International Criminal Court for the arrest and surrender of a person shall be communicated to the Minister in accordance with Articles 87, 89 and 91.

• (2) The request shall be accompanied by—

• (a) as accurate a description as possible of the person whose surrender is requested, together with any other information that will help to establish the person's identity and probable location,

• (b) a brief statement of the facts of the case and their legal characterisation,

• (c) the original or a certified copy of the warrant of arrest, and

• (d) if the request relates to a person who has been convicted by the Court—

• (i) the original or a certified copy of any previous warrant of arrest,

• (ii) the original or a certified copy of the judgment of conviction,

• (iii) information establishing that the person sought is the person referred to in the judgment, and

• (iv) the original or a certified copy of any sentence imposed and, in the case of a sentence of imprisonment, a statement of any period already served and the period remaining to be served.

• (3) If the information furnished by the Court is in the Minister's opinion insufficient, the Minister may request it to supply further information or documents.

• (4) The Minister shall consult with the Court under Article 97 in relation to any difficulties that may impede or prevent the execution of a request.

• (5) The Minister may act on a request or supporting document which otherwise complies with this section notwithstanding that it was received by him or her before the passing of this Act.

• (6) An amended warrant of arrest shall be treated as if it were a new warrant, without prejudice to the validity of anything done under the old warrant.

18. Conflicting requests.

18.—(1) In this section “surrender proceedings” means proceedings before the High Court for the surrender of a person to another state following receipt of—

• (a) a request under the Extradition Acts for his or her extradition to another state, or

• (b) a F12[relevant arrest warrant] (within the meaning of the European Arrest Warrant Act 2003) in respect of the person.

• (2) Where the Minister receives a request from the International Criminal Court for the arrest and surrender of a person under Article 89 and—

• (a) surrender proceedings in respect of the person have been instituted but have not been determined, or

• (b) the person is awaiting surrender to another state under the Extradition Acts or the European Arrest Warrant Act 2003,

then, pending a decision by the Minister in accordance with Article 90 on whether priority should be given to the request—

• (i) the Minister shall notify the High Court of the request, and, on receipt of the notification, the Court may adjourn the proceedings for such period or periods as it thinks fit and remand the person in custody or, subject to section 26(2), on bail, or

• (ii) as the case may be, the person shall not be so surrendered.

• (3) If the Minister decides in accordance with Article 90 that priority should be given to the request from the International Criminal Court and—

• (a) the surrender proceedings have been so adjourned, the Minister shall cause the High Court to be notified of his or her decision, and, on receipt of the notification, the Court may order that the proceedings be discontinued and that the person concerned be brought before it to be dealt with in accordance with section 25, or

• (b) the person is awaiting surrender to another state, the person shall not be so surrendered, and sections 19, 20, 23 and 25 shall have effect in relation to the case.

• (4) If, having consulted the International Criminal Court, the Minister decides in accordance with Article 90 that priority should not be given to the Court’s request—

• (a) the Minister shall cause the High Court to be notified accordingly, or

• (b) if the person is awaiting surrender to another state, subsection (2)(ii) shall cease to have effect in relation to the person concerned.

• (5) A discontinuance of surrender proceedings under subsection (3)(a) in respect of an offence is not a bar to instituting fresh such proceedings for it.

• (6) This section has effect notwithstanding anything in the Extradition Acts and is without prejudice to [F12section 30(2)] of the European Arrest Warrant Act 2003.

19. Certificate by Minister of making of request.

19.—(1) On receiving a request from the International Criminal Court for the arrest and surrender of a person the Minister shall, subject to this Part, certify that the request has been duly made.

• (2) The Minister—

• (a) may postpone action on the request until—

• (i) the Court has determined any challenge to the admissibility of the case or to its jurisdiction (whether or not the challenge is a challenge by the Minister under Article 19(2)(b) to the admissibility of the case on the ground that it is being, or has been, investigated), or

• (ii) the completion of any consultation between the Minister and the Court under Article 97 in relation to any difficulties that may impede or prevent the execution of the request,

and

• (b) may, where the person concerned is being investigated or proceeded against in relation to an offence that is not F13[a crime within the jurisdiction of the International Criminal Court], postpone such action in accordance with Article 94.1.

• (3) In deciding under subsection (2)(b) whether to postpone action on a request the Minister shall have regard to the seriousness of the offence referred to in that subsection.

• (4) If the Minister decides under subsection (2)(b) not to postpone action on a request, any proceedings referred to in that subsection that are pending shall, on the application of the Director of Public Prosecutions, be withdrawn, with liberty to re-enter.

• (5) The Minister, if he or she decides to grant a request for the surrender of a person who is being proceeded against or is serving a sentence for an offence that is not F13[a crime within the jurisdiction of the International Criminal Court], shall consult the Court in accordance with Article 89.4.

• (6) The Minister shall not take action on a request if informed by the Court that it has determined that the case is inadmissible or that it is not proceeding further with the request for any other reason.

• (7) In subsection (2)(b) “proceedings” does not include proceedings against a person under the Extradition Acts or the European Arrest Warrant Act 2003.

20. Issue of arrest warrant.

20.—(1) On production to the High Court of—

• (a) a certificate by the Minister under section 19 that a request has been duly made by the International Criminal Court for the arrest and surrender of a person, and

• (b) copies of the request and of the accompanying documents and any other related documents,

the Court shall issue a warrant for the person's arrest, addressed to the Commissioner of the Garda Síochána.

• (2) A document purporting to be—

• (a) a certificate referred to in subsection (1)(a), or

• (b) a copy of any document referred to in subsection (1)(b),

is admissible, without further proof, as evidence of the matters mentioned in it.

• (3) The Court shall cause the Minister to be notified forthwith of the issue of the warrant.

21. Request for provisional arrest.

21.—(1) This section applies where the Minister receives from the International Criminal Court a request, made in accordance with Article 92, for the provisional arrest of a person.

• (2) If, where this section applies, it appears to the Minister that application should be made for a warrant for the person's provisional arrest, the Minister shall communicate the request to the Commissioner of the Garda Síochána, and the Commissioner shall cause such an application to be made to the High Court under section 22.

22. Issue of provisional arrest warrant.

22.—(1) The High Court may issue a warrant (in this Part referred to as a “provisional arrest warrant”) for the arrest of a person on the sworn information of a member of the Garda Síochána not below the rank of inspector that he or she has reason to believe—

• (a) that the International Criminal Court has made a request under Article 92 for the provisional arrest of the person on grounds of urgency,

• (b) that the person is in, or on the way to, the State,

• (c) that the person—

• (i) is accused or suspected by that Court of having committed F14[a crime within the jurisdiction of the International Criminal Court], or

• (ii) has been convicted by it of such an offence,

and

• (d) that a request for the arrest and surrender of the person will be duly made.

• (2) The Court shall cause the Minister to be informed forthwith of the issue of the warrant.

• (3) Where, at any time before the execution of the warrant, it appears to the Minister that a request for the surrender of the person named in it will not be received from the International Criminal Court or that proceedings will not be instituted by it against the person, the Minister may by order cancel the warrant and shall forthwith cause the High Court to be notified accordingly.

• (4) A provisional arrest warrant may be issued in respect of a person notwithstanding the previous issue or refusal of a warrant for the person's arrest under this Part.

23. Execution of arrest warrants.

23.—(1) A member of the Garda Síochána may execute a warrant issued under section 20 or 22 even if the warrant is not in the member's possession.

• (2) The member executing the warrant shall show the warrant to the arrested person and give him or her a copy of it—

• (a) at the time of the arrest, or

• (b) if the warrant or copy is not then in the member's possession, within 24 hours after the arrest.

• (3) For the purpose of arresting a person under the warrant the member may enter (by force, if necessary) and search any place where the person is or where the member, with reasonable cause, suspects the person to be.

• (4) The arrested person shall be brought before the High Court as soon as possible and be provided, where necessary, with a competent interpreter.

• (5) The Court shall order that legal aid be provided for the arrested person if it appears to it that the person’s means are insufficient to enable him or her to obtain such aid.

• (6) On the making of such an order the arrested person shall be entitled to free legal aid in the proceedings and for that purpose section 3 of the Criminal Justice (Legal Aid) Act 1962 shall apply, with the necessary modifications, in relation to the person as if he or she had been granted a legal aid (trial on indictment) certificate under that section.

24. Proceedings after provisional arrest.

24.—(1) Subject to subsection (2), where—

• (a) a person arrested under a provisional arrest warrant is brought before the High Court, and

• (b) a certificate under section 19 in respect of the person is not produced to it,

the Court shall remand the person in custody or, subject to section 26(2), on bail until the certificate is produced.

• (2) Where a certificate under section 19 is not produced to the Court within such period from the date of the provisional arrest as is specified for the time being in the Rules of Procedure and Evidence for the receipt by a requested state of a request for surrender, the person, if in custody, shall be released.

25. Surrender order.

25.—(1) (a) Subject to subsection (2), on application by or on behalf of the Minister for the surrender of a person arrested under section 23, the High Court may, if satisfied that the arrested person is the person named or described in the warrant of arrest and surrender issued by the International Criminal Court, make an order (in this Part referred to as a “surrender order”) for the surrender of the person either—

• (i) into the custody of that Court, or

• (ii) if that Court so directs in the case of a person convicted by it, into the custody of the state of enforcement,

in accordance with arrangements to be made by the Minister.

• (b) Where the application relates to a person arrested under a provisional arrest warrant, copies of the request by the International Criminal Court for his or her surrender and of the accompanying documents and any other related documents, together with a certificate by the Minister under section 19 that the request has been duly made, shall be produced to the High Court.

• (c) In accordance with paragraph 4, second sentence, of Article 59 the High Court may not consider whether the warrant of arrest was properly issued in accordance with paragraphs 1(a) and 1(b) of Article 58.

• (2)
• (a) The High Court shall adjourn the proceedings pending the outcome of—

• (i) any challenge before the International Criminal Court to the admissibility of a case on grounds referred to in Article 17 or 89(2) or to that Court's jurisdiction in the case, or

• (ii) a challenge to admissibility made before the High Court on the basis of the principle of ne bis in idem, as provided for in Article 89(2),

and remand the arrested person in custody or, subject to section 26(2) , on bail.

• (b) The High Court shall cause the Minister to be informed of any challenge mentioned in paragraph (a)(ii).

• (c) On being so informed, the Minister shall consult the International Criminal Court and then inform the High Court either—

• (i) that there is an existing ruling of the International Criminal Court in relation to the admissibility of the case, or

• (ii) that that Court is considering the challenge.

• (3) The High Court, whether or not it makes a surrender order, may, and on the application of the arrested person shall—

• (a) determine—

• (i) whether section 23(2) was complied with in relation to the execution of the warrant of arrest, and

• (ii) whether any other rights of the person in relation to the arrest have been respected,

• (b) make a declaration to that effect, and

• (c) notify the Minister accordingly,

and the Minister shall transmit a copy of the notification to the International Criminal Court.

• (4) On making a surrender order the High Court shall—

• (a) inform the arrested person that he or she will not be surrendered, except with his or her consent, before 15 days have elapsed from the date of the order,

• (b) also inform the person of the provisions of Article 40.4.2° of the Constitution (which relates to the making of a complaint to the High Court by or on behalf of a person alleging that he or she is unlawfully detained), and

• (c) cause a copy of the order to be sent forthwith to the Minister.

• (5) A surrender order shall provide for the committal of the arrested person to a prison or, if the person is not more than 21 years of age, to a remand institution (within the meaning of the Criminal Justice Act 1960) while awaiting the surrender.

• (6) An appeal shall lie to the Supreme Court against a surrender order only on a point of law.

• (7)
• (a) If an appeal is to be brought against a refusal of the High Court to make a surrender order and the Court is so informed without delay, the Court shall remand the arrested person in custody or, subject to section 26(2), on bail, until the appeal has been finally determined.

• (b) If not so informed, the Court shall order that the arrested person be released.

• (8) Sections 10 and 11 (transfer and lawful custody of remanded persons) of the Criminal Justice Act 1960 apply to a person committed or remanded to a remand institution under this section.

26. Adjournment and remand.

26.—(1) In relation to a person who is before it under this Part the High Court may, subject to subsection (2), exercise its powers of adjournment and remand, including, but not limited to, the powers it has in that respect in relation to a person sent forward to the Central Criminal Court for trial.

• (2)
• (a) The High Court—

• (i) shall cause any application for bail by such a person brought before it to be notified to the Pre-Trial Chamber and the Minister, and

• (ii) shall, in reaching a decision on the application—

• (I) have regard to the principles set out in paragraph 4, first sentence, of Article 59, and

• (II) give full consideration to any recommendations made by the Chamber in relation to the application.

• (b) If bail is granted, the Minister shall provide any periodic reports requested by the Chamber under Article 59.6.

• (c) Bail may not be granted under this subsection to a person who is serving a sentence of imprisonment or detention.

27. Time lapse before surrender.

27.—Subject to section 29, a person who has been committed under a surrender order shall not be surrendered to the International Criminal Court before—

• (a) 15 days have elapsed since the date of the order, or

• (b) proceedings (including any appeal proceedings) in connection with the request for arrest and surrender have been finally determined,

whichever is the later.

28. Removal to hospital or other place.

28.—(1) The Minister may order that a person committed under a surrender order be removed to a hospital or other place if of opinion that it is necessary to do so in the interests of the person's health.

• (2) A person so removed shall continue to be in lawful custody while in the hospital or other place.

29. Consent to surrender.

29.—(1) A person arrested in accordance with a warrant issued under section 20 or 22 may consent to be surrendered to the custody of the International Criminal Court or, in the case of a person convicted by it, of the state of enforcement.

• (2) The person shall give notice of intention to consent to surrender—

• (a) if in custody, to the prison governor, member of the Garda Síochána or other person in whose custody the person is, and

• (b) if on bail, to any member of the Garda Síochána.

• (3) The consent must be given and recorded before the High Court and be given voluntarily and in full awareness of the consequences.

• (4) Where, by reason of a physical or mental condition, it is inappropriate for the person to consent to being surrendered, the consent may be given by a person who is deemed appropriate for that purpose by the High Court.

• (5) On the recording of consent to surrender the High Court shall—

• (a) if a surrender order has not been made in relation to the person, make a surrender order, and

• (b) if such an order has been made, order that the person be returned to custody to await his or her surrender.

• (6)
• (a) A person who has consented to surrender in accordance with this section may, at any time up to the making of an order by the Minister under section 30, withdraw the consent.

• (b) On such withdrawal the person—

• (i) if the surrender order was made after the consent was given, shall be brought before the High Court and be dealt with by that Court as if he or she had not so consented, or

• (ii) in any other case, shall await surrender in accordance with this Part.

• (7) The person who receives notice of intention to consent to surrender or is informed of the withdrawal of the consent shall forthwith notify the Minister accordingly.

30. Surrender.

30.—(1) Subject to this Part, the Minister may by order direct that a person who has been committed under a surrender order shall be surrendered to the custody of another person who in the Minister's opinion has been duly authorised in that behalf by the International Criminal Court or the state of enforcement, as the case may be, and the person shall be surrendered accordingly.

• (2) The authorised person shall receive, hold in custody and convey out of the State the person so surrendered.

• (3) A person who escapes from the custody of the authorised person shall be liable to be retaken in the same manner as any person who escapes from lawful custody.

31. Postponement of surrender.

31.—(1) The Minister may postpone the making of an order under section 30—

• (a) until the International Criminal Court has determined any challenge to the admissibility of the case or to its jurisdiction, or

• (b) in consultation with the Court, where the person concerned is being investigated or proceeded against in relation to an offence that is not F15[a crime within the jurisdiction of the International Criminal Court], until the conclusion or discontinuance of the investigation or proceedings.

• (2) If the Minister decides under subsection (1)(b) not to postpone the making of the order, any proceedings referred to in that subsection that are pending shall, on the application of the Director of Public Prosecutions, be withdrawn, with liberty to re-enter.

• (3) In deciding whether to postpone surrender under subsection (1)(b) the Minister shall have regard to the seriousness of the conduct constituting the offence referred to in that subsection.

• (4)
• (a) This subsection applies on the expiration of a period of postponement mentioned in subsection (1).

• (b) The Minister—

• (i) if the postponement arises under subsection (1)(a) and the Court has determined that the case is inadmissible or not within its jurisdiction, shall order that the person, if in custody, be released, or

• (ii) in any other case, shall, subject to this Part, make an order under section 30 in respect of the person concerned.

• (5) In subsection (1)(b) “proceedings” does not include proceedings against a person under the Extradition Acts or the European Arrest Warrant Act 2003.

32. Release by order of Minister.

32.—Without prejudice to sections 31(4)(b)(i) and 35(2), the Minister may, after consultation with the International Criminal Court, order the release from custody of a person who has been committed under a surrender order if of opinion—

• (a) that, in the light of information received after the making of the surrender order, the surrender is prohibited by this Act, or

• (b) that the request for the surrender is not being proceeded with.

33. Release by order of High Court.

33.—(1) This section applies where a person awaiting surrender under this Part is not surrendered and conveyed out of the State within one month after—

• (a) the making of the surrender order,

• (b) the conclusion of any appeal proceedings, or

• (c) the expiration of any period of postponement mentioned in section 31(1),

whichever is the later.

• (2) Where this section applies but subject to subsection (3), the High Court may, on application by or on behalf of the person concerned and on notice to the Minister, order that the person be released from custody.

• (3) If the Court is satisfied—

• (a) that the person's state of health or other circumstances beyond the control of the Minister or the International Criminal Court or, as the case may be, the state of enforcement have prevented the person from being surrendered under this Part, and

• (b) that it is likely that within a reasonable time those circumstances will no longer apply,

it may fix a period within which the person may be so surrendered, and the person shall be released if not surrendered within that period or any extension thereof which may be directed by the Court from time to time in accordance with this section.

• (4) Subsection (2) is without prejudice to section 35(2).

34. Release not a bar to subsequent arrest or surrender.

34.—The cancellation under section 22(3) of a warrant for the provisional arrest of a person or the release of a person under section 24(2), 32 or 33(2) is not a bar to the person's arrest or surrender in accordance with any subsequent request from the International Criminal Court.

35. Imprisoned or detained persons whose surrender requested.

35.—(1) This section applies to a person who is subject to a surrender order and is also liable to serve, or is serving, a sentence of imprisonment or detention.

• (2) A person to whom this section applies shall continue to be liable to serve, or continue to serve, the sentence.

• (3) The surrender order may provide—

• (a) for the person's return to the State in accordance with arrangements made by the Minister with the International Criminal Court or, as the case may be, with the state of enforcement, and

• (b) for his or her transfer in custody from the state of enforcement to the place of imprisonment or detention.

• (4) A period in custody arising from the request for surrender, except any period in the custody of the International Criminal Court or state of enforcement under a sentence of detention imposed by the Court, shall be reckoned as a period served under the sentence of imprisonment or detention.

• (5) If a sentence of imprisonment or detention expires while the sentenced person is being detained by or on the order of the International Criminal Court, the Minister shall notify the Court accordingly.

36. Rule of specialty.

36.—(1) Subject to subsection (2) and in accordance with Article 101, a person surrendered to the International Criminal Court shall not be proceeded against, punished or detained, whether by the Court or an enforcement state, for any offence committed before his or her surrender other than that for which the surrender was requested.

• (2) The Minister may, if so requested by the Court and having received such information or assurances from it as he or she considers necessary, waive the requirements of subsection (1) in a particular case.

PART 4 Requests to Freeze Assets and Enforce Orders of International Criminal Court

37. Interpretation (Part 4).

37.—In this Part, unless the context otherwise requires—

“Act of 1988” means the Bankruptcy Act 1988;

“defendant” means a person in relation to whom the Minister has received a request from the International Criminal Court for the freezing of property or the enforcement of an ICC order;

“enforceable ICC order” means an ICC order in relation to which an enforcement order has been made;

“enforcement order” means an order under section 40(3) for the enforcement of an ICC order;

“freezing order” means an order under section 38(4);

“gift caught by this Part” means a gift—

• (a) which was made by the defendant in proceedings for F16[a crime within the jurisdiction of the International Criminal Court] at any time after the commission of the offence or, if there is more than one such offence, the earliest of the offences to which the proceedings for the time being relate, and

• (b) which the court considers it appropriate in all the circumstances to take into account;

“ICC order” has the meaning given to it by section 40(1);

“realisable property” means—

• (a) any property held by a defendant, and

• (b) any property held by a person to whom a defendant has directly or indirectly made a gift caught by this Part,

but does not include any property subject to—

• (i) an order under section 4 or 4A of the Proceeds of Crime Act 1996,

• (ii) forfeiture under an enforceable ICC order,

• (iii) an order under section 30 (forfeiture orders) of the Misuse of Drugs Act 1977,

• (iv) a confiscation order, or a forfeiture order, within the meaning of the Act of 1994, or

• (v) a confiscation co-operation order or an external forfeiture order, as referred to in section 46 or 47 of that Act;

“registered land” means land whose owner is, or is deemed to be, registered under the Registration of Title Act 1964.

38. Freezing orders.

38.—(1) This section applies where the Minister receives a request from the International Criminal Court under Article 93.1(k) to freeze the property of a person, including any articles used in the commission of F17[a crime within the jurisdiction of the International Criminal Court], for the purpose of its eventual forfeiture.

• (2) Where this section applies, the Minister shall, subject to section 4, send a copy of the request and any accompanying documents to the Commissioner of the Garda Síochána.

• (3)
• (a) The Commissioner shall thereupon cause a member of the Garda Síochána not below the rank of inspector to apply to the High Court for an order under subsection (4).

• (b) If the applicant—

• (i) believes that the person to whom the request relates owns any land (whether or not the applicant believes that the person owns other land), and

• (ii) is aware of its location,

the applicant shall state in the application that he or she so believes and specify the location of the land.

• (4)
• (a) On such an application the High Court may make an order (in this Part referred to as a “freezing order”) prohibiting any person from dealing with the property of the person to whom the request relates if the Court is satisfied—

• (i) that this section applies in relation to the property, and

• (ii) either—

• (I) that the International Criminal Court has imposed a fine, or made a reparation or forfeiture order, in the proceedings concerned, or

• (II) that there are reasonable grounds for believing that that Court may impose a fine, or make such an order, in those proceedings.

• (b) For the purposes of paragraph (a) dealing with property held by any person includes—

• (i) where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt, or

• (ii) removing the property from the State.

• (c) A freezing order may be subject to such conditions and exceptions as may be specified in it, including the making of such provision as the Court may think fit for the living expenses and legal expenses of any person.

• (d) In paragraph (a)(ii)(I) “proceedings” includes an investigation by the International Criminal Court of F17[a crime within the jurisdiction of the International Criminal Court].

• (e) If subsection (3)(b) applies, the freezing order shall include the statement mentioned in that subsection.

• (5) In exercising its powers under this section the High Court shall pay due regard to the rights of any third parties.

• (6) A freezing order may apply—

• (a) to all realisable property held by a specified person, whether the property is described in the order or not, and

• (b) to realisable property held by a specified person, being property transferred to him or her after the making of the order.

• (7) A freezing order—

• (a) may be made ex parte and otherwise than in public,

• (b) may provide for service on, or the provision of notice to, persons affected by the order in such manner as the High Court may direct,

• (c) may be discharged or varied in relation to any property, and

• (d) shall be discharged on the application of the International Criminal Court or on the conclusion of the proceedings before that Court in relation to which the order was made.

• (8) For the purposes of subsection (7)(d), proceedings before the International Criminal Court have concluded—

• (a) where the Court determines not to make an ICC order, on the date of the determination,

• (b) where the Court makes such an order—

• (i) on the date of the final determination of an application under section 40 for its enforcement, or

• (ii) on the issue by the Minister of a certificate that a request is unlikely to be received from the International Criminal Court for the enforcement of the order.

• (9) An application to discharge or vary a freezing order may be made by any person affected by it.

• (10) Where the High Court has made a freezing order arising from a request related to the investigation of F17[a crime within the jurisdiction of the International Criminal Court], it may discharge the order if the investigation is not completed within such time as it considers reasonable.

• (11) Where the High Court has made a freezing order, the Court may at any time appoint a receiver—

• (a) to take possession of any realisable property, and

• (b) in accordance with the Court's directions, to manage or otherwise deal with it,

subject to such exceptions and conditions as may be specified by the Court and to provision being made for the expenses and remuneration of the receiver, and may require any person having possession or control of such property to deliver it to the receiver.

• (12) Where the High Court has made a freezing order, a member of the Garda Síochána or an officer of customs and excise may, for the purpose of preventing any realisable property being removed from the State, seize the property.

• (13) Property seized under subsection (12) shall be dealt with in accordance with the High Court's directions.

• (14) Section 60 (voidance of dispositions designed to frustrate confiscation, etc.) of the Act of 1994 shall have effect as if the references to confiscation included references to a freezing order.

39. Registration of freezing orders.

39.—(1) (a) Where a freezing order is made in relation to land, or an order is made varying or discharging such an order, the registrar of the High Court shall send to the Registrar of Titles and Deeds a notice of the making of the order, together with a copy of the order.

• (b) If it appears from the freezing order, or the Registrar is otherwise aware, that the land is registered land, the Registrar shall thereupon—

• (i) cause an entry to be made in the register kept under the Registration of Title Act 1964 inhibiting, until the order is discharged, any dealing with any registered land or charge which appears to be affected by it, and

• (ii) if the order is subsequently varied or discharged, cause the entry to be varied accordingly or cancelled, as the case may be.

• (c) Where paragraph (b) does not apply, the Registrar shall thereupon cause the notice of the making, variation or discharge of the freezing order to be registered in the Registry of Deeds pursuant to the Registration of Deeds Act 1707.

• (d) If and for as long as the offices of Registrar of Titles and the Registrar of Deeds are not held by the same person—

• (i) the reference in paragraph (a) to the Registrar of Titles and Deeds shall be construed as a reference to the Registrar of Titles and the Registrar of Deeds,

• (ii) the reference in paragraph (b) to the Registrar shall be construed as a reference to the Registrar of Titles, and

• (iii) the reference in paragraph (c) to the Registrar shall be construed as a reference to the Registrar of Deeds.

• (2)
• (a) Where a freezing order is made which affects an interest in a company or its property, or an order is made varying or discharging such an order, the registrar of the High Court shall send to the Registrar of Companies a notice of the making of the order, together with a copy of the order.

• (b) On receipt of those documents the Registrar of Companies shall, if the company is a registered company, cause the notice to be entered in the Register of Companies and—

• (i) if the company is an existing company, as defined in section 2(1) of the Companies Act 1963, send a copy of the notice to each director and the secretary of the company at the company's registered office,

• (ii) in any other case, send a copy of the notice by post to the person resident in the State who has been authorised to accept, on behalf of the company concerned, service of process and any notices required to be served on it.

• (c) In this subsection—

“Register of Companies” means the Register of Companies maintained under the Companies Acts 1963 to 2005;

“registered company” means—

• (i) a company formed and registered under those Acts,

• (ii) an existing company, as defined in section 2(1) of the Companies Act 1963, or

• (iii) a company registered under Part XI of that Act or the European Communities (Branch Disclosure) Regulations 1993 (S.I. No. 395 of 1993).

40. Enforcement of ICC orders.

40.—(1) This section applies where the Minister has received a request from the International Criminal Court for the enforcement of an order of the Court (in this Part referred to as an “ICC order”) imposing a fine or forfeiture or providing for reparation to, or in respect of, victims.

• (2)
• (a) Where this section applies, the Minister shall, subject to section 4, cause an application to be made to the High Court for enforcement of the ICC order.

• (b) If the applicant—

• (i) believes that the person against whom the order was made owns any land (whether or not the applicant believes that the person owns other land), and

• (ii) is aware of its location,

the applicant shall state in the application that he or she so believes and specify the location of the land.

• (3)
• (a) On such an application the High Court may, subject to subsection (4), make an order (in this Part referred to as an “enforcement order”) for the enforcement of the ICC order.

• (b) If subsection (2)(b) applies, the enforcement order shall include the statement referred to in that subsection.

• (4) The High Court shall make an enforcement order only if—

• (a) the ICC order, or

• (b) the conviction in respect of which it was made,

is in force and not subject to further appeal and if—

• (i) a reasonable opportunity has been given for persons holding an interest in any property concerned to make representations to the High Court, and

• (ii) where the ICC order imposes a fine, its enforcement will not prejudice the rights of bona fide third parties.

• (5) If the ICC order has been partly complied with, the High Court shall make an enforcement order only in relation to the part not complied with.

• (6) Where the enforceable ICC order relates to the payment of a fine or other sum, the order shall be enforced in accordance with its terms as if it were an order of the High Court for the payment to the State of the sum payable under the ICC order or of any lesser sum remaining due under it.

• (7) Where the enforceable ICC order relates to the forfeiture of property—

• (a) the order shall operate to deprive the person to whom it relates of his or her rights, if any, in the property, and

• (b) the order shall be enforced in accordance with its terms as if it were an order of the High Court for the forfeiture of the property.

• (8) Nothing in subsection (6) or (7) authorises a person to be imprisoned.

• (9) Subject to subsection (10), if at any time after the making of the enforcement order it is reported to the High Court that any sum payable under the ICC order remains unpaid, the Court may, without prejudice to the validity of anything previously done under the order or to its future enforcement, order that the person to whom the ICC order relates be imprisoned for a period not exceeding that set out in the second column of the table to this section opposite the amount outstanding under the ICC order.

• (10) An order under subsection (9) of this section shall not be made unless the person to whom the ICC order relates has been given a reasonable opportunity to make representations to the Court.

• (11) Section 60 (voidance of dispositions designed to frustrate confiscation, etc.) of the Act of 1994 shall have effect as if the reference to forfeiture included a reference to an enforceable ICC order.

• (12) Money or other property received under an enforceable ICC order shall, without prejudice to section 49(1), be dealt with in accordance with the directions of the International Criminal Court.

• (13) Section 39 shall apply in relation to the registration of enforcement orders as it does in relation to the registration of freezing orders and shall have effect accordingly, with any necessary modifications.

Table

Amount outstanding under ICC order	Period of imprisonment
Not exceeding €650	45 days
Exceeding €650 but not exceeding €1,300	3 months
Exceeding €1,300 but not exceeding €3,250	4 months
Exceeding €3,250 but not exceeding €6,500	6 months
Exceeding €6,500 but not exceeding €13,000	9 months
Exceeding €13,000 but not exceeding €26,000	12 months
Exceeding €26,000 but not exceeding €65,000	18 months
Exceeding €65,000 but not exceeding €130,000	2 years
Exceeding €130,000 but not exceeding €325,000	3 years
Exceeding €325,000 but not exceeding €1,300,000	5 years
Exceeding €1,300,000	10 years

41. Realisation of property.

41.—(1) Where an enforcement order which is not subject to appeal has not been satisfied, the High Court may exercise the powers conferred by this section.

• (2) Where subsection (1) applies, the Court may, in relation to any realisable property—

• (a) appoint a person to be a receiver in respect of it,

• (b) empower the receiver to take possession of it, subject to such conditions or exceptions as the Court may specify,

• (c) order any person having possession or control of it to deliver it to the receiver,

• (d) empower the receiver to realise it in such manner as the Court may direct,

• (e) order any person holding an interest in it to make to the receiver such payment as the Court may direct in respect of any beneficial interest held in it by the defendant or, as the case may be, by the recipient of any gift caught by this Act, and

• (f) on the payment being made, by order transfer, grant or extinguish any such beneficial interest.

• (3) The Court shall not exercise the powers conferred by this section unless a reasonable opportunity has been given to persons holding any interest in the property concerned to make representations to it in relation to such exercise.

42. Exercise of powers by High Court or receiver.