Prevention of Corruption (Amendment) Act 2001

F1 [ Seizure of suspected bribe.

2A

2A. (1) A member of the Garda S í och á na may seize any gift or consideration which the member suspects to be a gift or consideration within the meaning of section 1 of the Prevention of Corruption Act 1906, as amended by section 2 of this Act.

(2) The seized property may not be detained for more than 48 hours unless its detention for a further period is authorised by order of a judge of the Circuit Court.

(3) Such an order

( a ) shall not be made unless the judge is satisfied

(i) that there are reasonable grounds for suspecting that the seized property is a gift or consideration within the meaning of the said section 1 ,

(ii) that either its origin or derivation is being further investigated or consideration is being given to instituting proceedings, whether in the State or elsewhere, against a person for an offence with which the gift or consideration is connected, and

(iii) that it is accordingly necessary that the property be detained for a further period,

and

( b ) shall authorise the detention of the seized property for a further specified period or periods, not exceeding 3 months in any case or 2 years in aggregate.

(4) An application for an order under subsection (3) of this section may be made by a member of the Garda S í och á na.

(5) Property detained under this section shall continue to be so detained until the final determination of

( a ) any proceedings, whether in the State or elsewhere, against any person for an offence with which the property is connected, or

( b ) any application under section 2B for its forfeiture,

whichever later occurs.

(6) Subject to subsection (5) , a judge of the Circuit Court may cancel an order under subsection (3) of this section if satisfied, on application by the person from whom the property was seized or any other person, that its further detention is no longer justified. ]