Proceeds of Crime (Amendment) Act 2005

Amendment of section 38 (seizure and detention) of Act of 1994.

20

20.—Section 38 of the Act of 1994 is hereby amended—

( a) by the substitution of the following subsections for subsection (1):

“(1) A member of the Garda Síochána or an officer of customs and excise may search a person if the member or officer has reasonable grounds for suspecting that—

( a) the person is importing or exporting, or intends or is about to import or export, an amount of cash which is not less than the prescribed sum, and

( b) the cash directly or indirectly represents the proceeds of crime or is intended by any person for use in connection with any criminal conduct.

(1A) A member of the Garda Síochána or an officer of the Revenue Commissioners may seize and in accordance with this section detain any cash (including cash found during a search under subsection (1)) if—

( a) its amount is not less than the prescribed sum, and

( b) he or she has reasonable grounds for suspecting that it directly or indirectly represents the proceeds of crime or is intended by any person for use in any criminal conduct.”,

and

( b) by the insertion of the following subsection after subsection (3):

“(3A) Where an application is made under section 39(1) for an order for the forfeiture of cash detained under this section, the cash shall, notwithstanding subsection (3), continue to be so detained until the application is finally determined.”.