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Criminal Justice Act, 1994 (No. 15)Introductory TextActs Referred toPart I Preliminary (ss. 1-3)1. Short title.2. Commencement.3. Interpretation.Part II Confiscation (ss. 4-18)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.8A. Confiscation orders relating to offence of financing terrorism.8B. Assessing the value of funds subject to confiscation.8C. Amount to be recovered under a confiscation order made under section 8A.8D. Re-assessment of whether defendant holds funds subject to confiscation.8E. Revised assessment of funds subject to confiscation.8F. Confiscation orders relating to relevant offences.8G. Assessing proceeds of relevant offence, etc.8H. Amount to be recovered under confiscation order made under section 8F8I. Reassessment of whether defendant has benefited from relevant offence or relevant conduct8J. Revised assessment of proceeds from relevant offence or relevant conduct9. 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 (ss. 19-30)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. Freezing orders.25. Registration of freezing orders.26. Exercise of powers by High Court or receiver.27. Receivers: supplementary provisions.28. Bankruptcy of defendant, etc.29. Property subject to freezing order dealt with by Official Assignee.30. Winding up of company holding realisable property.Part IV Money Laundering (ss. 31-32A)31. Money laundering, etc.32. Measures to be taken to prevent money laundering.32A. Revenue offence.Part V Drug Trafficking Offences at Sea (ss. 33-37)33. Drug trafficking offences on 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 Search for, seizure and disposal of money gained from, or for use in, Criminal Conduct (ss. 38-45)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 (ss. 46-56A)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.56A. Revenue offences.Part VIII Supplementary (ss. 57-68)57. Disclosure of information.57A. Designation of certain states or territorial units.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.63A. Furnishing of certain information by Revenue Commissioners, etc.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 Enforcement Powers in Respect of ShipsSchedule 1A Relevant OffencesSchedule 1A, Part 1 Relevant offences which are not extended confiscation offences (paras. 1-6)Schedule 1A, Part 2 Relevant offences which are extended confiscation offences (paras. 1-20)Second Schedule Taking of Evidence for Use Outside State
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 14 November 1994 - onwards
Version 2 of 2

26. Exercise of powers by High Court or receiver.

(1) This section applies to the powers conferred on the High Court by section 20 or 24 of this Act or on a receiver appointed under either of those sections.

(2) Subject to the provisions of this section, the powers shall be exercised with a view to making available, for satisfying the confiscation order or, as the case may be, any confiscation order that may be made in the defendant's case, the value for the time being of realisable property held by any person by the realisation of such property.

(3) In the case of realisable property held by a person to whom the defendant has directly or indirectly made a gift caught by this Act, the powers shall be exercised with a view to realising no more than the value for the time being of the gift.

(4) The powers shall be exercised with a view to allowing any person, other than the defendant or the recipient of any such gift, to retain or recover the value of any property held by him.

(5) In exercising the powers no account shall be taken of any obligations of the defendant or of the recipient of any such gift that conflict with the obligation to satisfy the confiscation order.

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