Proceeds of Crime Act 1996

Provisions in relation to evidence and proceedings under Act.

8

8. (1) Where a member or an authorised officer states—

( a) in proceedings under section 2 , on affidavit or, if the Court so directs, in oral evidence, or

F22 [ ( b ) in proceedings under section 3, on affidavit or, where the respondent requires the deponent to be produced for cross-examination or the court so directs, in oral evidence, ]

that he or she believes either or both of the following, that is to say:

(i) that the respondent is in possession or control of specified property and that the property constitutes, directly or indirectly, proceeds of crime,

(ii) that the respondent is in possession of or control of specified property and that the property was acquired, in whole or in part, with or in connection with property that, directly or indirectly, constitutes proceeds of crime,

and that the value of the property or, as the case may be, the total value of the property referred to in both paragraphs (i) and (ii) is not less than F23 [ 5,000 ], then, if the Court is satisfied that there are reasonable grounds for the belief aforesaid, the statement shall be evidence of the matter referred to in paragraph (i) or in paragraph (ii) or in both, as may be appropriate, and of the value of the property.

(2) The standard of proof required to determine any question arising under this Act shall be that applicable to civil proceedings.

(3) Proceedings under this Act in relation to an interim order shall be heard otherwise than in public and any other proceedings under this Act may, if the respondent or any other party to the proceedings (other than the applicant) so requests and the Court considers it proper, be heard otherwise than in public.

(4) The Court may, if it considers it appropriate to do so, prohibit the publication of such information as it may determine in relation to proceedings under this Act, including information in relation to applications for, the making or refusal of and the contents of orders under this Act and the persons to whom they relate.

(5) Production to the Court in proceedings under this Act of a document purporting to authorise a person, who is described therein as an officer of the Revenue Commissioners, to perform the functions conferred on authorised officers by this Act and to be signed by a Revenue Commissioner shall be evidence that the person is an authorised officer.

F24 [ (6) In any proceedings under this Act a document purporting to be a document issued by the Criminal Assets Bureau and to be signed on its behalf shall be deemed, unless the contrary is shown, to be such a document and to be so signed. ]

Annotations:

Amendments:

F22

Substituted (12.02.2005) by Proceeds of Crime (Amendment) Act 2005 (1/2005), s. 9(a), commenced on enactment.

F23

Substituted (12.08.2016) by Proceeds of Crime (Amendment) Act 2016 (8/2016), s. 6, S.I. No. 437 of 2016.

F24

Inserted (12.02.2005) by Proceeds of Crime (Amendment) Act 2005 (1/2005), s. 9(b), commenced on enactment.

Modifications (not altering text):

C13

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:

E3

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