Criminal Justice (Mutual Assistance) Act 2008

Number 7 of 2008

CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation (general).

3. General restriction on providing assistance.

4. Designated state.

5. Certain Articles of 2000 Convention and Second Additional Protocol to have force of law.

6. Requests (general).

7. Transmission of evidence to designated state (general).

8. Central Authority.

9. Spontaneous exchange of information.

10. Repeals.

11. Saving.

PART 2

Information about Financial Transactions for Criminal Investigation Purposes

12. Interpretation (Part 2).

Information about financial transactions for use in the State

13. Account information order and account monitoring order.

14. Request to designated state for information about financial transactions.

Information about financial transactions for use in designated state

15. Request from designated state for information about financial transactions.

16. Action on request.

17. Account information order and account monitoring order on foot of request.

18. Transmission of information obtained to requesting authority.

19. Requesting authority to be informed of possible further investigations.

Supplementary

20. Variation or discharge of account information order or account monitoring order.

21. Offences under this Part.

PART 3

Interception of Telecommunications Messages

Introductory

22. Interpretation (Part 3).

Requests for interception where technical assistance required

23. Request to member state for interception.

24. Request to State for interception.

25. Action on request.

Notifications of other interceptions

26. Notification to member state of interception.

27. Notification by member state of interception.

Miscellaneous

28. Indirect interception of telecommunications messages.

29. Application of Act of 1993 in relation to this Part.

30. Amendment of section 110 of Act of 1983.

PART 4

Freezing, Confiscation and Forfeiture of Property

Chapter 1

Interpretation

31. Interpretation (Part 4).

Chapter 2

Freezing of Property

32. Freezing order relating to evidence.

33. Transmission of freezing order for enforcement outside the State.

34. Transmission of external freezing orders to State for enforcement.

35. Recognition and enforcement of external freezing orders.

36. Application, etc. , of freezing co-operation orders.

37. Registration of freezing co-operation orders.

38. Exercise of powers under this Chapter by High Court or receiver.

39. Receivers: supplementary provisions.

40. Bankruptcy of defendant, etc.

41. Property subject to freezing co-operation order dealt with by Official Assignee.

42. Application of proceeds of realisation.

43. Winding up of company holding realisable property.

44. Duration of freezing co-operation order.

45. Variation or discharge of freezing co-operation order.

46. Refusal to make freezing co-operation order.

47. Postponement of freezing co-operation order.

48. Subsequent treatment of frozen property.

Chapter 3

Confiscation of Property

49. Request for confiscation of property in designated state.

50. Transmission to State of external confiscation order.

51. Confiscation co-operation order.

52. Enforcement, etc., of confiscation co-operation orders.

53. Realisation of property subject to confiscation co-operation order.

54. Interest on sums unpaid under confiscation co-operation orders.

55. Payments under confiscation co-operation orders to be expressed in euro.

56. Exercise of powers under this Chapter by High Court or receiver.

57. Application to confiscation co-operation orders of certain provisions relating to freezing co-operation orders.

Chapter 4

Forfeiture of Property

58. Transmission of external forfeiture order to designated state for enforcement.

59. Transmission of external forfeiture order to State for enforcement.

60. Forfeiture co-operation order.

PART 5

Provision of Evidence

Chapter 1

Interpretation

61. Interpretation (Part 5).

Chapter 2

Taking of Evidence

62. Evidence from person in designated state.

63. Evidence for use in designated state.

64. Privilege of witnesses.

Evidence of prisoners

65. Transfer of prisoner to give evidence or assist criminal investigation in State.

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

Evidence through television link

67. Evidence through television link for use in State.

68. Request for evidence through television link for use outside State.

69. Action on request.

70. Taking of the evidence.

Evidence by telephone link for use outside State

71. Request for evidence by telephone link.

72. Taking of evidence.

Search for Evidence

73. Search for evidence at place in designated state.

74. Search for evidence for use outside State (general).

75. Search for particular evidence for use outside State.

Chapter 3

Identification evidence

76. Definitions (Chapter 3).

77. Identification evidence for use in State.

78. Identification evidence for use outside State.

79. Action on request.

PART 6

Other Forms of Assistance

Chapter 1

Service of documents

80. Documents for service outside State.

81. Mode of service.

82. Service of documents in State.

Chapter 2

Examining objects and sites

83. Examining objects and sites.

Chapter 3

Restitution

84. Restitution of stolen property from designated state.

85. Request to State for restitution of stolen property.

86. Action on request.

87. Order for restitution.

Chapter 4

Controlled deliveries

88. Interpretation (Chapter 4).

89. Controlled delivery in designated state.

90. Controlled delivery in State.

91. Amendment of Garda Síochána Act 2005.

92. Application of Criminal Justice (Joint Investigation Teams) Act 2004 in relation to controlled deliveries.

PART 7

Mutual Assistance in Criminal Matters Between the State and the United States of America

93. Definitions (Part 7).

94. Application in State of Ireland - US Treaty.

PART 8

Miscellaneous

95. Exchange of information concerning terrorist offences between Europol, Eurojust and member states.

96. Application and amendment of Criminal Justice (Joint Investigation Teams) Act 2004.

97. Presence of representatives of requesting state at execution of request.

98. Presence of members of Garda Síochána at execution of request in designated state.

99. Use of information or evidence obtained in response to request in designated state.

100. Disclosure prejudicing investigation.

101. Liability of officers of body corporate.

102. Evidence in proceedings (general).

103. Provisional measures.

104. Recognition of third party rights.

105. Amendment of Criminal Justice Act 1994.

106. Amendment of section 8(7) of Criminal Assets Bureau Act 1996.

107. Personal data protection.

108. Exercise of powers by judge of District Court outside district court district.

109. Regulations.

110. Expenses.

111. Laying of orders or regulations before Houses of Oireachtas.

SCHEDULE 1

Text of 2000 Convention

SCHEDULE 2

Text of 2001 Protocol

SCHEDULE 3

Text of Agreement with Iceland and Norway

SCHEDULE 4

Text of Articles 49 and 51 of Schengen Convention

SCHEDULE 5

Text of Framework Decision

SCHEDULE 6

Text of Title III of EC/Swiss Confederation Agreement

SCHEDULE 7

Text of 2005 Council Decision

SCHEDULE 8

PART 1

Text of 1959 Convention

PART 2

Text of First Additional Protocol to 1959 Convention

SCHEDULE 9

Text of Second Additional Protocol to 1959 Convention

SCHEDULE 10

Text of Chapter IV of 2005 Convention

SCHEDULE 11

Text of Articles 13, 14, 18, 19 and 20 of the United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000.

SCHEDULE 12

Text of Articles 46, 49, 50 and 54 to 57 of the United Nations Convention against Corruption, done at New York on 31 October 2003

SCHEDULE 13

Text of EU/US Agreement on Mutual Legal Assistance

SCHEDULE 14

Text of Ireland/US Treaty of 18 January 2001, as applied by Instrument of 14 July 2005

Acts Referred to

Number 7 of 2008

CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008

AN ACT—

(a) TO ENABLE EFFECT TO BE GIVEN IN THE STATE TO CERTAIN INTERNATIONAL AGREEMENTS, OR PROVISIONS OF SUCH AGREEMENTS, BETWEEN THE STATE AND OTHER STATES RELATING TO MUTUAL ASSISTANCE IN CRIMINAL MATTERS;

(b) TO REPEAL AND RE-ENACT, WITH AMENDMENTS, PART VII (INTERNATIONAL CO-OPERATION) OF THE CRIMINAL JUSTICE ACT 1994;

AND TO PROVIDE FOR RELATED MATTERS.

[28th April, 2008]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: