Criminal Justice (Mutual Assistance) Act 2008

15

Request from designated state for information about financial transactions.

15.— (1) This section applies to a request for information in relation to any account or accounts that may be held in a financial institution in the State by a person who is the subject of a criminal investigation in a designated state.

(2) The request shall include—

(a) a statement that a specified offence has been committed in the designated state concerned and that the person mentioned in the request is the subject of an investigation into the offence,

(b) a statement that—

(i) any information that may be supplied in response to the request will not, without the Minister’s prior consent, be used for any purpose other than that specified in the request, and

(ii) the record of any such information will be returned when no longer required for the purpose so specified (or any other purpose for which such consent has been obtained), unless the Minister indicates that its return is not required,

and

(c) the following information:

(i) why the requesting authority considers that the requested information is likely to be of substantial value for the purposes of the investigation;

(ii) why it considers that a financial institution or financial institutions in the State may hold the account or accounts concerned;

(iii) if available, the name or names of that institution or those institutions;

F21[(iv) in the case of request from a designated state other than the United Kingdom, the maximum period of imprisonment under the law of the designated state by which the offence is punishable; and]

(v) any other information that may facilitate compliance with the request.

(3) In subsection (1), “information” includes—

(a) information as to whether a financial institution in the State keeps an account or accounts mentioned in that subsection,

(b) details of any such account or accounts,

(c) details of operations on any such account or accounts during a particular period.

Annotations:

Amendments:

F21

Substituted (31.01.2021) by European Union (Criminal Justice (Mutual Assistance) Act 2008) (Amendment) Regulations 2022 (S.I. No. 38 of 2022), reg. 4, in effect as per reg. 1(2).