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Criminal Justice Act 1994
Appeal against section 39 order.
40.—(1) This section applies where an order for the forfeiture of cash (in this section known as “the section 39 order”) is made under section 39 of this Act.
(2) Any party to the proceedings in which the section 39 order is made (other than the Director of Public Prosecutions) may, before the end of the period of 30 days beginning with the date on which it is made, appeal in respect of the order to the High Court.
(3) An appeal under this section shall be by way of a rehearing.
(4) On an application made by the appellant to a judge of the Circuit Court at any time, the judge may order the release of so much of the cash to which the section 39 order relates as he considers appropriate to enable the appellant to meet his legal expenses in connection with the appeal.
(5) When hearing an appeal under this section the High Court may make such order as it considers appropriate.
(6) If it upholds the appeal, the judge may order the release of the cash, or (as the case may be) the remaining cash, together with any accrued interest.
(7) Section 39 (3) of this Act shall apply in relation to a rehearing on an appeal under this section as it applies to proceedings under section 39 of this Act.
Annotations
Modifications (not altering text):
C7
Section applied with modifications (30.07.2018) by Criminal Justice (Corruption Offences) Act 2018 (9/2018), s. 22, S.I. No. 298 of 2018.
Application of sections 40, 41, 42 and 45 of Criminal Justice Act 1994 to seized property
22. Sections 40 (appeal against forfeiture order), 41 (interest on cash detained), 42 (procedure) and 45 (disposal of forfeited cash) of the Criminal Justice Act 1994 shall, with all necessary modifications, apply in relation to cash or any other seized property detained under section 20, or forfeited under section 21, as they apply to cash (within the meaning of Part VI of that Act) detained under section 38, or forfeited under section 39, of that Act.
C8
Section applied with modifications by Prevention of Corruption (Amendment) Act 2001 (27/2001), s. 2C, as inserted (12.02.2005) by Proceeds of Crime (Amendment) Act 2005 (23/2005), s. 23, commenced on enactment.
[Application of sections 40, 41, 42 and 45 of Act of 1994 to certain property
2C.—Sections 40 (appeal against forfeiture order), 41 (interest on cash detained), 42 (procedure) and 45 (disposal of forfeited cash) of the Act of 1994 shall apply in relation to cash and, as appropriate, to any other gift or consideration detained under section 2A, or forfeited under section 2B, of this Act as they apply in relation to cash detained or forfeited under section 38 or 39 of that Act.]