No. 15/1994:

CRIMINAL JUSTICE ACT, 1994

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY

1 Short title.

2 Commencement.

3 Interpretation.

PART II CONFISCATION

4 Confiscation orders: drug trafficking offences.

5 Assessing the proceeds of drug trafficking.

6 Amount to be recovered under confiscation order made under section 4.

7 Re-assessment of whether defendant has benefited from drug trafficking.

8 Revised assessment of proceeds of drug trafficking.

9 Confiscation orders: offences other than drug trafficking offences.

10 Statements relevant to making confiscation orders.

11 Provision of information by defendant.

12 Supplementary provisions concerning confiscation orders.

13 Power of High Court where defendant has died or is absent.

14 Effect of conviction where High Court has acted under section 13.

15 Appeal against confiscation order.

16 Variation of confiscation orders.

17 Variation of confiscation orders made by virtue of section 13.

18 Increase in value of realisable property.

PART III ENFORCEMENT, ETC. OF CONFISCATION ORDERS

19 Enforcement of confiscation orders.

20 Realisation of property.

21 Interest on sums unpaid under confiscation orders.

22 Application of proceeds of realisation.

23 Cases in which restraint orders may be made.

24 Restraint orders.

25 Registration of restraint orders.

26 Exercise of powers by High Court or receiver.

27 Receivers: supplementary provisions.

28 Bankruptcy of defendant, etc.

29 Property subject to restraint order dealt with by Official Assignee.

30 Winding up of Company holding realisable property.

PART IV MONEY LAUNDERING

31 Money laundering, etc.

32 Measures to be taken to prevent money laundering.

PART V DRUG TRAFFICKING OFFENCES AT SEA

33 Drug trafficking offences on Irish ships.

34 Ships used for drug trafficking.

35 Enforcement powers in respect of ships.

36 Jurisdiction and prosecutions in relation to offences on ships.

37 Convention states.

PART VI DRUG TRAFFICKING MONEY IMPORTED OR EXPORTED IN CASH

38 Seizure and detention.

39 Forfeiture of cash seized under section 38.

40 Appeal against section 39 order.

41 Interest.

42 Procedure.

43 Interpretation of Part VI.

44 Prescribed sum for purposes of section 38.

45 Disposal of cash etc. forfeited under section 39.

PART VII INTERNATIONAL CO-OPERATION

46 External confiscation orders, etc.

47 External forfeiture orders, etc.

48 Proof of external order, etc.

49 Service in State of process issued outside State.

50 Service outside State of process issued in State.

51 Taking of evidence in State for use outside State.

52 Obtaining of evidence outside State for use in State.

53 Transfer of prisoner in State to give evidence or assist investigation outside State.

54 Transfer of prisoner outside State to give evidence or assist investigation in State.

55 Search, etc. for material relevant to investigation outside State.

56 Provision of co-operation for international war crimes tribunals etc.

PART VIII SUPPLEMENTARY

57 Disclosure of information.

58 Offences of prejudicing investigation.

59 Offences by bodies corporate.

60 Voidance of dispositions designed to frustrate confiscation, etc.

61 Forfeiture orders.

62 Forfeiture for drug offences.

63 Order to make material available.

64 Authority for search.

65 Compensation.

66 Compensation, etc. where absconder is acquitted.

67 Power to discharge confiscation order and order compensation when absconder returns.

68 Expenses.

FIRST SCHEDULE

SECOND SCHEDULE

AN ACT TO MAKE PROVISION FOR THE RECOVERY OF THE PROCEEDS OF DRUG TRAFFICKING AND OTHER OFFENCES, TO CREATE AN OFFENCE OF MONEY LAUNDERING, TO MAKE PROVISION FOR INTERNATIONAL CO-OPERATION IN RESPECT OF CERTAIN CRIMINAL LAW ENFORCEMENT PROCEDURES AND FOR FORFEITURE OF PROPERTY USED IN THE COMMISSION OF CRIME AND TO PROVIDE FOR RELATED MATTERS.

[30th June, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: