Criminal Justice (Mutual Assistance) Act 2008

87.

Order for restitution.

87.— (1) On application by or on behalf of the Minister, the District Court may, if satisfied—

( a) that sections 85 and 86(2) have been complied with, and

( b) that the property concerned is in the possession or control of a specified person,

order that person to deliver the property to the member in charge of the Garda Síochána station named in the application.

(2) The Central Authority shall arrange for the delivery of the property to the requesting authority with a view to the return of the property to its owners.

(3) An order may also be made by the District Court under this section for the delivery of property which is in the custody of the Garda Síochána.

(4) An order under this section may not be made—

( a) where the property is required as evidence in civil or criminal proceedings, or

( b) unless an opportunity has been given to any person claiming to own, or have an interest in, the property to show cause why the order should not be made.

(5) A person who does not comply with an order under this section is guilty of an offence and liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both.

(6) The jurisdiction of the District Court under this section may be exercised—

( a) by the judge of that Court assigned to the district court district in which the property is located, or

( b) if the property is located in more than one district court district, by a judge of that Court assigned to any one of those districts.