Criminal Justice (Mutual Assistance) Act 2008
Enforcement, etc., of confiscation co-operation orders.
52.— (1) Where the High Court makes a confiscation co-operation order for the payment of a sum of money, the order may, without prejudice to section 38 enabling property of the defendant in the hands of a receiver appointed under this Act to be applied in satisfaction of the order, be enforced by the Director of Public Prosecutions at any time after it is made (or, if the order provides for payment at a later time, then at any time after the later time) as if it were a judgment of the Court for the payment to the State of the sum specified in the order or of any lesser sum remaining due under it.
(2) Nothing in subsection (1) enables a person to be imprisoned.
(3) Subject to subsections (4) and (5), if, at any time after payment of a sum due under a confiscation co-operation order has become enforceable in the manner provided for by subsection (1), it is reported to the Court by the Director of Public Prosecutions that any such sum or any part of it remains unpaid, the Court may, without prejudice to the validity of anything previously done under the order or to the power to enforce the order subsequently in accordance with subsection (1), order that the defendant be imprisoned for a period not exceeding that set out in the second column of the table to this section opposite to the amount remaining unpaid under the confiscation co-operation order as set out in the first column thereof.
(4) An order under subsection (3) shall not be made unless—
(a) the defendant has been given a reasonable opportunity to make any representations to the Court, and
(b) the Court has taken into account those representations and any representations made by the Director of Public Prosecutions in reply.
(5) A defendant shall not be imprisoned for non-compliance F44[with a confiscation co-operation order in respect of an external confiscation order transmitted by or on behalf of a court in a designated state other than the United Kingdom] if the request for the enforcement of the external confiscation order so specifies and the relevant international instrument so provides.
F45[(5A) A defendant shall not be imprisoned for non-compliance with a confiscation co-operation order in respect of an external confiscation order transmitted by or on behalf of a court in the United Kingdom unless the competent authority in United Kingdom consents to such imprisonment.]
(6) Any term of imprisonment imposed under subsection (3) of this section shall be reduced in proportion to any sum or sums paid or recovered from time to time under the confiscation co-operation order.
Amount outstanding under confiscation order
Period of imprisonment
Not exceeding €650
Exceeding €650 but not exceeding €1,300
Exceeding €1,300 but not exceeding €3,250
Exceeding €3,250 but not exceeding €6,500
Exceeding €6,500 but not exceeding €13,000
Exceeding €13,000 but not exceeding €26,000
Exceeding €26,000 but not exceeding €65,000
Exceeding €65,000 but not exceeding €130,000
Exceeding €130,000 but not exceeding €325,000
Exceeding €325,000 but not exceeding €1,300,000
Substituted (31.01.2021) by European Union (Criminal Justice (Mutual Assistance) Act 2008) (Amendment) Regulations 2022 (S.I. No. 38 of 2022), reg. 10(a), in effect as per reg. 1(2).
Inserted (31.01.2021) by European Union (Criminal Justice (Mutual Assistance) Act 2008) (Amendment) Regulations 2022 (S.I. No. 38 of 2022), reg. 10(b), in effect as per reg. 1(2).