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Criminal Justice Act 1994
Disposal of cash etc. forfeited under section 39.
45.—Any money representing cash which is forfeited under this Part of this Act or accrued interest thereon shall, following the payment of any expenses or remuneration that may have arisen in relation to such forfeiture, be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.
Annotations
Modifications (not altering text):
C13
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.
C14
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
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are transferred to the Minister for Public Expenditure and Reform.
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5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
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Schedule 1
Enactments
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Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
No. 15 of 1994 |
Criminal Justice Act 1994 |
Sections 22(2) and 45 |
|
... |
... |
... |
The history of the Ministers concerned with Finance aspects of this Act can be traced as follows:
• Functions transferred and title of Minister for Finance changed to Public Expenditure and Reform (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2025);
• Title of Minister for Public Expenditure and Reform changed to Public Expenditure, National Development Plan Delivery and Reform (1.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19 of 2023), in operation as per art. 1(2);
• Title of Minister for Public Expenditure, National Development Plan Delivery and Reform changed to Public Expenditure, Infrastructure, Public Service Reform and Digitalisation (5.06.2025) by Public Expenditure, National Development Plan Delivery and Reform (Alteration of Name of Department and Title of Minister) Order 2025 (S.I. No. 243 of 2025).
C15
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.]