Criminal Justice Act, 1994

External forfeiture orders, etc.

47.—(1) The Government may by order designate countries in whose case orders (referred to in this section as “forfeiture co-operation orders”) may be made for the forfeiture, in accordance with the law of the State, of anything—

(a) in respect of which an offence to which this section applies has been committed or which was used or intended to be used in connection with the commission of such an offence, and

(b) in respect of which an order (referred to in this section as an “external forfeiture order”) has been made by a court in the country in question.

(2) Subject to subsection (3) of this section, if an application is made to the High Court by or on behalf of the government of a country designated under subsection (1) of this section (referred to in this section as a “designated country”) and with the consent of the Minister for the making of a forfeiture co-operation order pursuant to an external forfeiture order made by a court in that country, and the High Court is satisfied that the conditions corresponding to those specified in subsections (3) and (4) of section 46 of this Act are satisfied, the court may make a forfeiture co-operation order.

(3) The court shall not make an order under subsection (2) of this section if a person claiming to be the owner of the thing in question or otherwise interested in it applies to be heard by the court unless an opportunity has been given to him to show cause why the order should not be made.

(4) A forfeiture co-operation order shall have the like effect as a forfeiture order made under section 61 of this Act as specified in subsection (4) of that section, and subsections (7) and (8) of that section shall apply accordingly.

(5) This section applies to any offence which corresponds to—

(a) an offence under the Misuse of Drugs Act, 1977 ,

(b) a drug trafficking offence, or

(c) an offence in respect of which a confiscation order could be made under section 9 of this Act.

(6) The Government may amend or revoke an order made under this section including an order made under this subsection.

(7) An order under subsection (1) or (6) of this section shall, as soon as may be after it is made, be laid before each House of the Oireachtas.