Criminal Justice (Terrorist Offences) Act 2005

Interim order freezing certain funds.

14

14.—(1) If satisfied on application ex parte by a member of the Garda Síochána that a person is in possession or control of funds that are being used or may be intended for use in committing, or facilitating the commission of, an offence under section 6 or 13, the High Court may make an order prohibiting the person, any other specified person or any other person having notice of the order from—

( a) disposing of or otherwise dealing with all or, where appropriate, a specified part of the funds during such period, not exceeding 40 days, as may be specified by the Court, or

( b) diminishing the value of the funds during that period.

(2) An interim order—

( a) may contain such provisions, conditions and restrictions as the Court considers necessary or expedient, and

( b) shall provide for notice of the order to be given to the respondent and any other person who appears to be or is affected by it unless the Court is satisfied that it is not reasonably possible to ascertain their whereabouts.

(3) On application by the respondent or any other person claiming ownership of the funds specified in an interim order that is in force, the Court may discharge or, as may be appropriate, vary the order if satisfied that those funds or a part of them are not funds that are being used or may be intended for use in committing or facilitating the commission of an offence under section 6 or 13.

(4) On application by a member of the Garda Síochána or any other person, the Court may vary an interim order to such extent as may be necessary to permit—

( a) the enforcement of any order of a court for the payment by the respondent of any sum, including any sum in respect of costs,

( b) the recovery by a county registrar or sheriff of income tax due by the respondent pursuant to a certificate issued by the Collector-General under section 962 of the Taxes Consolidation Act 1997, together with the fees and expenses provided for in that section, or

( c) the institution of proceedings for, or relating to, the recovery of any other sum owed by the respondent.

(5) Subsection (4) is not to be construed to limit the generality of section 6 of the Act of 1996 as made applicable by section 20 of this Act.

(6) On application at any time by a member of the Garda Síochána, the Court shall discharge an interim order.

(7) Subject to subsections (3), (6) and (11), an interim order continues in force until the end of the period specified by the Court and then lapses unless an application for an interlocutory order in respect of any of the funds concerned is brought during that period.

(8) If an application for an interlocutory order is brought within the period allowed under subsection (7), the interim order lapses on—

( a) the determination of the application,

( b) the expiry of the ordinary time for bringing an appeal against the determination, or

( c) if such appeal is brought, the determination or abandonment of the appeal or any further appeal or the expiry of the ordinary time for bringing any further appeal,

whichever is the latest.

(9) Notice of an application under subsection (3) for the discharge or variation of an interim order shall be given by the respondent or other person making the application to—

( a) the member of the Garda Síochána who applied for the interim order, and

( b) such other (if any) persons as the Court may direct.

(10) Notice of an application under subsection (4) for the variation, or under subsection (6) for the discharge, of an interim order shall be given by the applicant to—

( a) the respondent unless the Court is satisfied that it is not reasonably possible to ascertain the respondent's whereabouts, and

( b) such other (if any) persons as the Court may direct.

(11) Where a forfeiture order, or a confiscation order, under the Act of 1994 relates to any funds that are the subject of an interim order that is in force—

( a) the interim order is discharged, if it relates only to the funds that are the subject of the forfeiture order or the confiscation order, as the case may be, and

( b) the interim order is varied by the exclusion from it of the other funds, if it relates to other funds in addition to the funds that are the subject of the forfeiture order or the confiscation order, as the case may be.