Criminal Justice (Terrorist Offences) Act 2005

Interlocutory order.

15

15.—(1) If, on application by a member of the Garda Síochána, it appears to the High Court on evidence tendered by the applicant that a person is in possession or control of funds that were being used or may be intended for use in committing or facilitating the commission of an offence under section 6 or 13, the Court shall, subject to subsection (2) of this section, make an order prohibiting the respondent, 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, or

( b) diminishing the value of the funds,

unless the Court is satisfied, on evidence tendered by the respondent or any other person, that the funds are not being used or intended for use in committing or facilitating the commission of an offence under section 6 or 13.

(2) The Court shall not make an interlocutory order if it is satisfied that there would be a serious risk of injustice.

(3) Evidence tendered by the applicant for an interlocutory order may consist of or include evidence admissible by virtue of section 18 .

(4) An interlocutory 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.

(5) On application by the respondent or any other person claiming ownership of the funds concerned, the Court may discharge or, as may be appropriate, vary an order that is in force if satisfied that—

( a) the funds concerned, 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, or

( b) the order causes any other injustice.

(6) On application by a member of the Garda Síochána or any other person, the Court may vary an interlocutory 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.

(7) Subsection (6) 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.

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

(9) Subject to subsections (5), (6) and (12), an interlocutory order continues in force until—

( a) the determination of an application for a disposal order in relation to the funds concerned,

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

( c) if such an 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.

(10) Notice of an application under subsection (1) for an interlocutory order or of an application under subsection (6) for the variation, or under subsection (8) for the discharge, of an interlocutory 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) any other person to whom the Court directs that notice be given.

(11) Notice of an application under subsection (5) to discharge or vary an interlocutory 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 interlocutory order, and

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

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

( a) the interlocutory 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 interlocutory 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.