Criminal Assets Bureau Act 1996

F22 [ Order to make material available.

14A

14A. (1) For the purposes of an investigation into whether a person has benefited from assets or proceeds deriving from criminal conduct or is in receipt of or controls such assets or proceeds a bureau officer who is a member of the Garda S í och á na may apply to a judge of the District Court for an order under this section in relation to making available any particular material or material of a particular description.

(2) On such an application the judge, if satisfied

( a ) that there are reasonable grounds for suspecting that the person has benefited from such assets or proceeds or is in receipt of or controls such assets or proceeds, and

( b ) that the material concerned is required for the purposes of such an investigation,

may order that any person who appears to him or her to be in possession of the material shall

( i ) produce the material to the member so that he or she may take it away, or

( ii ) give the member access to it within a period to be specified in the order.

(3) The period to be so specified shall be one week, unless it appears to the judge that another period would be appropriate in the particular circumstances of the case.

(4) ( a ) An order under this section in relation to material in any place may, on the application of the member concerned, require any person who appears to the judge to be entitled to grant entry to the place to allow the member to enter it to obtain access to the material.

( b ) Where a person required under paragraph ( a ) to allow the member to enter a place does not allow him or her to do so, section 14 shall have effect, with any necessary modifications, as if a warrant had been issued under that section authorising him or her to search the place and any person found there.

(5) Where such material consists of information contained in a computer, the order shall have effect as an order to produce the material, or to give access to it, in a form in which it is visible and legible and in which it can be taken away.

(6) The order

( a ) in so far as it may empower a member of the Garda S í och á na to take away a document or to be given access to it, shall authorise him or her to make a copy of it and to take the copy away,

( b ) shall not confer any right to production of, or access to, any material subject to legal privilege, and

( c ) shall have effect notwithstanding any other obligation as to secrecy or other restriction on disclosure of information imposed by statute or otherwise.

(7) Any material taken away by a member of the Garda S í och á na under this section may be retained by him or her for use as evidence in any proceedings.

(8) A judge of the District Court may vary or discharge an order under this section on the application of any person to whom an order under this section relates or a member of the Garda S í och á na.

(9) A person who without reasonable excuse fails or refuses to comply with any requirement of an order under this section is guilty of an offence and liable

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

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

Annotations:

Amendments:

F22

Inserted (12.02.2005) by Proceeds of Crime (Amendment) Act 2005 (1/2005), s. 18, commenced on enactment.