Proceeds of Crime Act 1996

Interlocutory order.

3

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 to subsection (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

( 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 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,

( 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 under section 962 of the Taxes Consolidation Act 1997 , together with the fees and expenses provided for in that section, or

( c ) the institution of proceedings for, or relating to, the recovery of any other sum owed by the respondent. ]

(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.

(6) Notice of an application under this section shall be given—

F17 [ ( a ) in case the application is under subsection (1), (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, ]

( b) in case the application is under subsection (3), by the respondent or other person making the application to the applicant,

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.

(7) Where a forfeiture order, or a confiscation order, under the Criminal Justice Act, 1994, or a forfeiture order under the Misuse of Drugs Act, 1977, relates to any property that is the subject of an interim order, or an interlocutory order, that is in force, (“the specified property”), the interim order or, as the case may be, the interlocutory order shall—

( a) if it relates only to the specified property, stand discharged, and

( b) if it relates also to other property, stand varied by the exclusion from it of the specified property.

F18 [ (8) An application under subsection (1) may be made by originating motion. ]

Annotations:

Amendments:

F13

Substituted (12.02.2005) by Proceeds of Crime (Amendment) Act 2005 (1/2005), s. 5(a)(i) and 5(a)(ii), commenced on enactment.

F14

Substituted (12.08.2016) by Proceeds of Crime (Amendment) Act 2016 (8/2016), s. 5 (a) and (b), S.I. No. 437 of 2016.

F15

Inserted (12.02.2005) by Proceeds of Crime (Amendment) Act 2005 (1/2005), s. 5(b), commenced on enactment.

F16

Inserted (12.02.2005) by Proceeds of Crime (Amendment) Act 2005 (1/2005), s. 5(c), commenced on enactment.

F17

Substituted (12.02.2005) by Proceeds of Crime (Amendment) Act 2005 (1/2005), s. 5(d), commenced on enactment.

F18

Inserted (12.02.2005) by Proceeds of Crime (Amendment) Act 2005 (1/2005), s. 5(e), commenced on enactment.

Modifications (not altering text):

C3

Application of section extended with modifications (10.11.1998) by International War Crimes Tribunals Act 1998 (40/1998), s. 31(3), commenced on enactment.

Orders respecting property.

31.— ...

(2) Where, on application by a member of the Garda Síochána not below the rank of Chief Superintendent, the High Court is satisfied that—

(a) an international tribunal order referred to in subsection (1)(a) has been received by the Minister, and

(b) at the time of making the interim order under this subsection the international tribunal order is in force and is not subject to appeal,

the Court, for the purposes of the preservation and protection of the property to which the international tribunal order relates, may, regardless of the value of the property but subject to subsection (5), make an interim order containing any terms that, under section 2 (1) and (2) of the Proceeds of Crime Act, 1996, could be included in an interim order made under that Act if the value of the property were not less than £10,000.

(3) For the purposes mentioned in subsection (2) of this section, sections 2 (3) to (6), 3 (1) to (6), 5, 6, 7, 8 and 10 to 16 of the Proceeds of Crime Act, 1996, shall apply with the following modifications and any other necessary modifications, as if an application made under this section had been made under that Act:

...

Editorial Notes:

E2

Previous affecting provision: subs. (1)(b) and (1)(II) amended (1.1.2002) by Euro Changeover (Amounts) Act 2001 (16/2001), s. 1(3) and schs. 3 and 4, in effect as per s. 1(3); substituted as per F-note above.