Criminal Assets Bureau Act 1996

F24 [ Property held in trust.

14C

14C. (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 the Chief Bureau Officer or an authorised officer may apply to a judge of the High Court for an order under this section in relation to obtaining information regarding any trust in which the person may have an interest or with which he or she may be otherwise connected.

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

( a ) that there are reasonable grounds for suspecting that a person

(i) has benefited from assets or proceeds deriving from criminal conduct or is in receipt of or controls such assets or proceeds, and

(ii) has some interest in or other connection with the trust,

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

( c ) that there are reasonable grounds for believing that it is in the public interest that the information should be disclosed for the purposes of the investigation, having regard to the benefit likely to accrue to the investigation and any other relevant circumstances,

may order the trustees of the trust and any other persons (including the suspected person) to disclose to the Chief Bureau Officer or an authorised officer such information as he or she may require in relation to the trust, including the identity of the settlor and any or all of the trustees and beneficiaries.

(3) An order under this section

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

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

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

(5) A trustee or other person who without reasonable excuse fails or refuses to comply with an order under this section or gives information which is false or misleading 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.

(6) Any information given by a person in compliance with an order under this section is not admissible in evidence in any criminal proceedings against the person or his or her spouse, except in any proceedings for an offence under subsection (5).

(7) In this section information includes

( a ) a document or record, and

( b ) information in non-legible form. ]

Annotations:

Amendments:

F24

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