Criminal Justice Act 1994

Revised Acts

This Act

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Criminal Justice Act 1994

First Section 〉

Number 15 of 1994

CRIMINAL JUSTICE ACT 1994

REVISED

Updated to 31 July 2026

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This Revised Act is an administrative consolidation of the Criminal Justice Act 1994. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Development (Strategic Gas Reserve) Act 2026 (36/2026), enacted 23 July 2026, and all statutory instruments up to and including the Criminal Justice (International Cooperation on Electronic Evidence and Other Matters) Act 2026 (Commencement) Order 2026 (S.I. No. 413 of 2026), made 29 July 2026, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to revisedacts@lawreform.ie.

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Number 15 of 1994

CRIMINAL JUSTICE ACT 1994

REVISED

Updated to 31 July 2026

ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section
1.	Short title.
2.	Commencement.
3.	Interpretation.

PART II

Confiscation

4.	Confiscation orders: drug trafficking offences.
5.	Assessing the proceeds of drug trafficking.
6.	Amount to be recovered under confiscation order made under section 4.
7.	Re-assessment of whether defendant has benefited from drug trafficking.
8.	Revised assessment of proceeds of drug trafficking.
8A.	Confiscation orders relating to offence of financing terrorism.
8B.	Assessing the value of funds subject to confiscation.
8C.	Amount to be recovered under a confiscation order made under section 8A.
8D.	Re-assessment of whether defendant holds funds subject to confiscation.
8E.	Revised assessment of funds subject to confiscation.
8F.	Confiscation orders relating to relevant offences.
8G.	Assessing proceeds of relevant offence, etc.
8H.	Amount to be recovered under confiscation order made under section 8F.
8I.	Reassessment of whether defendant has benefited from relevant offence or relevant conduct.
8J.	Revised assessment of proceeds from relevant offence or relevant conduct.
9.	Confiscation orders: offences other than drug trafficking offences.
10.	Statements relevant to making confiscation orders.
11.	Provision of information by defendant.
12.	Supplementary provisions concerning confiscation orders.
13.	Power of High Court where defendant has died or is absent.
14.	Effect of conviction where High Court has acted under section 13.
15.	Appeal against confiscation order.
16.	Variation of confiscation orders.
17.	Variation of confiscation orders made by virtue of section 13.
18.	Increase in value of realisable property.

PART III

Enforcement, etc. of Confiscation Orders

19.	Enforcement of confiscation orders.
20.	Realisation of property.
21.	Interest on sums unpaid under confiscation orders.
22.	Application of proceeds of realisation.
23.	Cases in which restraint orders may be made.
24.	Freezing orders.
25.	Registration of freezing orders.
26.	Exercise of powers by High Court or receiver.
27.	Receivers: supplementary provisions.
28.	Bankruptcy of defendant, etc.
29.	Property subject to freezing order dealt with by Official Assignee.
30.	Winding up of company holding realisable property.

PART IV

Money Laundering

31.	Money laundering, etc. (Repealed)
32.	Measures to be taken to prevent money laundering. (Repealed)
32A.	Revenue offence. (Repealed)

PART V

Drug Trafficking Offences at Sea

33.	Drug trafficking offences on Irish ships.
34.	Ships used for drug trafficking.
35.	Enforcement powers in respect of ships.
36.	Jurisdiction and prosecutions in relation to offences on ships.
37.	Convention states.

PART VI

Search for, Seizure and Disposal of Money Gained from, or for Use in, Criminal Conduct

38.	Seizure and detention.
39.	Forfeiture of cash seized under section 38.
40.	Appeal against section 39 order.
41.	Interest.
42.	Procedure.
43.	Interpretation of Part VI.
44.	Prescribed sum for purposes of section 38.
45.	Disposal of cash etc. forfeited under section 39.

PART VII

International Co-operation

46.	External confiscation orders, etc. (Repealed)
47.	External forfeiture orders, etc. (Repealed)
48.	Proof of external order, etc. (Repealed)
49.	Service in State of process issued outside State. (Repealed)
50.	Service outside State of process issued in State. (Repealed)
51.	Taking of evidence in State for use outside State. (Repealed)
52.	Obtaining of evidence outside State for use in State. (Repealed)
53.	Transfer of prisoner in State to give evidence or assist investigation outside State. (Repealed)
54.	Transfer of prisoner outside State to give evidence or assist investigation in State. (Repealed)
55.	Search, etc. for material relevant to investigation outside State. (Repealed)
56.	Provision of co-operation for international war crimes tribunals etc. (Repealed)
56A.	Revenue offences. (Repealed)

PART VIII

Supplementary

57.	Disclosure of information.
57A.	Designation of certain states or territorial units. (Repealed)
58.	Offences of prejudicing investigation.
59.	Offences by bodies corporate.
60.	Voidance of dispositions designed to frustrate confiscation, etc.
61.	Forfeiture orders.
62.	Forfeiture for drug offences.
63.	Order to make material available.
63A.	Furnishing of certain information by Revenue Commissioners, etc.
64.	Authority for search.
65.	Compensation.
66.	Compensation, etc. where absconder is acquitted.
67.	Power to discharge confiscation order and order compensation when absconder returns.
68.	Expenses.

FIRST SCHEDULE

Enforcement Powers in Respect of Ships

SECOND SCHEDULE

Taking of Evidence for Use Outside State

Acts Referred to
Aliens Act, 1935	1935, No. 14
Bankers' Books Evidence Act, 1879	42 & 43 Vict., c.11
Bankruptcy Act, 1988	1988, No. 27
Building Societies Act, 1989	1989, No. 17
Central Bank Act, 1971	1971, No. 24
Central Bank Act, 1989	1989, No. 16
Companies Acts, 1963 to 1990
Credit Union Act, 1966	1966, No. 19
Criminal Justice Act, 1960	1960, No. 27
Criminal Law Act, 1976	1976, No. 32
Customs Acts
European Communities Act, 1972	1972, No. 27
Extradition Act, 1870	33 & 34 Vict., c. 52
Extradition Act, 1873	36 & 37 Vict., c. 60
Extradition (Amendment) Act, 1994	1994, No. 6
Extradition (European Convention on the Suppression of Terrorism) Act, 1987	1987, No. 1
Genocide Act, 1973	1973, No. 28
Industrial and Provident Societies Acts, 1893 to 1978
Insurance Acts, 1909 to 1990
Maritime Jurisdiction Act, 1959	1959, No. 22
Mercantile Marine Act, 1955	1955, No. 29
Misuse of Drugs Act, 1977	1977, No. 12
Police Property Act, 1897	60 & 61 Vict., c. 30
Prisons Acts, 1826 to 1980
Registration of Deeds Act, 1707	6 Anne, c. 2
Registration of Title Act, 1964	1964, No. 16
Trustee Savings Banks Act, 1989	1989, No. 21

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Number 15 of 1994

CRIMINAL JUSTICE ACT 1994

REVISED

Updated to 31 July 2026

AN ACT TO MAKE PROVISION FOR THE RECOVERY OF THE PROCEEDS OF DRUG TRAFFICKING AND OTHER OFFENCES, TO CREATE AN OFFENCE OF MONEY LAUNDERING, TO MAKE PROVISION FOR INTERNATIONAL CO-OPERATION IN RESPECT OF CERTAIN CRIMINAL LAW ENFORCEMENT PROCEDURES AND FOR FORFEITURE OF PROPERTY USED IN THE COMMISSION OF CRIME AND TO PROVIDE FOR RELATED MATTERS. [30th June, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Application of Act extended (1.09.2008) by Criminal Justice (Mutual Assistance) Act 2008 (7/2008), s. 31, S.I. No. 338 of 2008.

Interpretation (Part 4)

31. …

(3) References in this Part to a gift are to a gift which, if the external confiscation order were a confiscation order, would be a gift caught by the Act of 1994, and the provisions of that Act concerning a gift so caught apply and have effect in relation to a gift referred to in this Part.