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Proceeds of Crime Act 1996
Affidavit specifying property and income of respondent.
9.—F25[(1)] At any time during proceedings under section 2 or 3 or while an interim order or an interlocutory order is in force, the Court or, as appropriate, in the case of an appeal in such proceedings, the Supreme Court may by order direct the respondent to file an affidavit in the Central Office of the High Court specifying—
(a) the property of which the respondent is in possession or control, or
(b) the income, and the sources of the income, of the respondent during such period (not exceeding 10 years) ending on the date of the application for the order as the court concerned may specify,
or both.
F25[(2) Such an affidavit is not admissible in evidence in any criminal proceedings against that person or his or her spouse, except any such proceedings for perjury arising from statements in the affidavit.]
Annotations
Amendments:
F25
Inserted (12.02.2005) by Proceeds of Crime (Amendment) Act 2005 (1/2005), s. 11, commenced on enactment.
Modifications (not altering text):
C14
References to "perjury", "subornation of perjury" construed (28.07.2021) by Criminal Justice (Perjury and Related Offences) Act (13/2021), s. 4(2) and sch. 2 item 40, S.I. No. 378 of 2021.
References to perjury or subornation of perjury
4.— ...
(2) A reference in an enactment specified in Schedule 2 to perjury or to subornation of perjury, howsoever described, in relation to an act committed on or after the coming into operation of this subsection, shall be construed as a reference to perjury or to subornation of perjury, as the case may be, within the meaning of this Act.
...
SCHEDULE 2
Section 4 (2)
...
Proceeds of Crime Act 1996, sections 9(2) and 16B(6)(b)
...
C15
Application of section extended with modifications (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 20, commenced on enactment.
Application of certain provisions of Act of 1996.
20.—For the purposes of this Part, sections 6, 7 and 9 to 15 of the Act of 1996 apply with the following modifications and any other necessary modifications as if an interim order, an interlocutory or a disposal order made under this Part, or an application for such an order, had been made under the Act of 1996:
(a) a reference in any of the applicable provisions of the Act of 1996 to applicant shall be construed as referring to the member of the Garda Síochána who applied to the High Court for the interim order, interlocutory order or disposal order;
(b) a reference in any of the applicable provisions of the Act of 1996 to respondent shall be construed as defined in section 12 of this Act;
(c) a reference in any of the applicable provisions of the Act of 1996 to property shall be construed as referring to funds.