Criminal Justice (Mutual Assistance) Act 2008
Order for restitution. |
87.— (1) On application by or on behalf of the Minister, the District Court may, if satisfied— | |
(a) that sections 85 and 86 (2) have been complied with, and | ||
(b) that the property concerned is in the possession or control of a specified person, | ||
order that person to deliver the property to the member in charge of the Garda Síochána station named in the application. | ||
(2) The Central Authority shall arrange for the delivery of the property to the requesting authority with a view to the return of the property to its owners. | ||
(3) An order may also be made by the District Court under this section for the delivery of property which is in the custody of the Garda Síochána. | ||
(4) An order under this section may not be made— | ||
(a) where the property is required as evidence in civil or criminal proceedings, or | ||
(b) unless an opportunity has been given to any person claiming to own, or have an interest in, the property to show cause why the order should not be made. | ||
(5) A person who does not comply with an order under this section is guilty of an offence and liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both. | ||
(6) The jurisdiction of the District Court under this section may be exercised— | ||
(a) by the judge of that Court assigned to the district court district in which the property is located, or | ||
(b) if the property is located in more than one district court district, by a judge of that Court assigned to any one of those districts. |