Criminal Justice Act 1994

F57[Freezing order]s.

24

24.(1) The High Court may by order (in this Act referred to as a “F57[freezing order]”) prohibit any person from dealing with any realisable property, subject to such conditions and exceptions as may be specified in that order.

(2) Without prejudice to the generality of subsection (1) of this section, a F57[freezing order] may make such provision as the court thinks fit for living expenses and legal expenses.

(3) A F57[freezing order] may apply—

(a) to all realisable property held by a specified person, whether the property is described in the order or not, and

(b) to realisable property held by a specified person, being property transferred to him after the making of the order.

(4) A F57[freezing order]

(a) may be made only on an application by the Director of Public Prosecutions, which may be made ex parte and otherwise than in public, and

(b) shall provide for notice F58[(which shall include the reasons for the making of the order)] to be given to persons affected by the order.

(5) A F57[freezing order]

(a) may be discharged or varied in relation to any property, and

(b) shall be discharged on the conclusion of the proceedings or of the application in question.

(6) An application for the discharge or variation of a F57[freezing order] may be made by any person affected by it.

(7) Where the High Court has made a F57[freezing order], the court may at any time appoint a receiver—

(a) to take possession of any realisable property, and

(b) in accordance with the court's directions, to manage or otherwise deal with any property in respect of which he is appointed,

subject to such exceptions and conditions as may be specified by the court, and may require any person having possession or control of property in respect of which a receiver is appointed under this section to give possession of it to the receiver.

(8) For the purposes of this Act, dealing with property held by any person includes (without prejudice to the generality of the expression)—

(a) where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt, and

(b) removing the property from the State.

(9) Where the High Court has made a F57[freezing order], a member of the Garda Síochána or an officer of customs and excise may, for the purpose of preventing any realisable property being removed from the State, seize the property.

(10) Property seized under subsection (9) of this section shall be dealt with in accordance with the court's directions.

Annotations

Amendments:

F57

Substituted (1.09.2008) by Criminal Justice (Mutual Assistance) Act 2008 (7/2008), s. 105(a), S.I. No. 338 of 2008.

F58

Inserted (28.11.2017) by European Union (Freezing and Confiscation of Instrumentalities and Proceeds of Crime) Regulations 2017 (S.I. No. 540 of 2026), reg. 13.