Criminal Justice Act 1994

Voidance of dispositions designed to frustrate confiscation, etc.

60

60.Where any property of whatever kind and wherever situated, or any interest in such property, becomes subject to confiscation, forfeiture or any measure of F100[restraint (including a freezing order)] or control by virtue of any provision of this Act (including any provision for giving effect to orders made under the law of any country or territory outside the State) or of any action taken under any such provision, no purported disposition of the property or interest, and no other action purporting to be taken in respect of it, by or on behalf of any owner or other person having or claiming to have any interest in it (whether as beneficial owner or trustee or in any other capacity) in reliance on the law of any country or territory outside the State shall have effect so as to prevent the confiscation, forfeiture or measure from taking effect as provided by this Act.

Annotations

Amendments:

F100

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

Modifications (not altering text):

C16

Section applied with modifications (31.10.2006) by International Criminal Court Act 2006 (30/2006), s. 38(14), commenced on enactment.

Freezing orders

38.—(1) This section applies where the Minister receives a request from the International Criminal Court under Article 93.1(k) to freeze the property of a person, including any articles used in the commission of [a crime within the jurisdiction of the International Criminal Court], for the purpose of its eventual forfeiture.

(14) Section 60 (voidance of dispositions designed to frustrate confiscation, etc.) of the Act of 1994 shall have effect as if the references to confiscation included references to a freezing order.