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Criminal Justice Act 1994
Provision of information by defendant.
11.—F37[(1) This section applies where—
(a) a court is engaged in a determination under section 4 of this Act as to whether a convicted person has benefited from drug trafficking or as to any amount to be recovered by virtue of that section, or
F38[(b) an application has been made to a court under section 7, 8, 8A, 8D, 8E F39[, 8F, 8I, 8J] or 9 of this Act.]]
(2) For the purpose of obtaining information to assist it in carrying out its functions, the court may, at any time, order the defendant to give it such information as may be specified in the order.
(3) An order under subsection (2) of this section may require all, or any specified part, of the required information to be given to the court in such manner, and before such date, as may be specified in the order.
(4) If the defendant fails, without reasonable excuse, to comply with any order under this section, the court may draw such inference from that failure as it considers appropriate.
(5) Where the Director of Public Prosecutions accepts to any extent any allegation made by the defendant in giving to the court information required by an order under this section, the court may treat that acceptance as conclusive of the matters to which it relates.
(6) For the purposes of this section, an allegation may be accepted in such manner as the court may direct.
F40[(7) A defendant who—
(a) fails, without reasonable excuse, to comply with an order under this section, or
(b) gives to the court, in purported compliance with this section, information which the defendant knows or has reason to believe is false or misleading,
shall be guilty of an offence.
(8) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding £1,500 or to both, or
F41[(b) on conviction on indictment—
(i) subject to subparagraph (ii), to imprisonment for a term not exceeding 5 years or to a fine or to both, or
(ii) where the application referred to in subsection (1)(b) was made under section 8F, 8I or 8J, to imprisonment for a term not exceeding 3 years or to a fine not exceeding €500,000 or to both.]
(9) Information that is specified in an order under this section and is given to the court in compliance with that order shall not be admissible in evidence in any proceedings for an offence, other than an offence under this section.]
Annotations
Amendments:
F37
Substituted (1.10.1999) by Criminal Justice Act 1999 (10/1999), s. 28(1), S.I. No. 302 of 1999.
F38
Substituted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 25, commenced on enactment.
F39
Inserted (28.11.2017) by European Union (Freezing and Confiscation of Instrumentalities and Proceeds of Crime) Regulations 2017 (S.I. No. 540 of 2017), reg. 8(a).
F40
Inserted (1.10.1999) by Criminal Justice Act 1999 (10/1999), s. 28(2), S.I. No. 302 of 1999. A fine of £1,500 converted (1.01.1999) to €1,904.60. This translates into a class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.
F41
Substituted (28.11.2017) by European Union (Freezing and Confiscation of Instrumentalities and Proceeds of Crime) Regulations 2017 (S.I. No. 540 of 2017), reg. 8(b).