Table of Contents
Criminal Justice (Mutual Assistance) Act 2008 (No. 7)Introductory TextActs Referred toPart 1 Preliminary and General (ss. 1-11)1. Short title and commencement.2. Interpretation (general).2A. Application for purposes of Part 7B.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 (ss. 12-21)12. Interpretation (Part 2).Information about financial transactions for use in the State (ss. 13-14)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 (ss. 15-19)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 (ss. 20-21)20. Variation or discharge of account information order or account monitoring order.21. Offences under this Part.Part 3 Interception of Telecommunications Messages (ss. 22-30)Introductory (s. 22)22. Interpretation (Part 3).Requests for interception where technical assistance required (ss. 23-25)23. Request to member state for interception.24. Request to State for interception.25. Action on request.Notifications of other interceptions (ss. 26-27)26. Notification to member state of interception.27. Notification by member state of interception.Miscellaneous (ss. 28-30)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 (ss. 31-60)Chapter 1 Interpretation (s. 31)31. Interpretation(Part 4).Chapter 2 Freezing of Property (ss. 32-48)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 (ss. 49-57A)49. Request for confiscation of property in designated state.50. Transmission to State of external confiscation order.51. External confiscation orders (designated states other than member states).51A. External confiscation orders (member states)51B. Refusal to confiscate.51C. Postponement of confiscation.51D. Variation or discharge of confiscation co-operation orders.51E. Variation or discharge of external confiscation orders from member states.51F. Termination of external confiscation orders from member states.51G. Central Authority to inform competent authority.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.57A. Application of provisions on enforcement and realisation to execution of external confiscation order from member states.Chapter 4 Forfeiture of Property (ss. 58-60)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 4A Financial Penalties (ss. 60A-60I)60A. Interpretation.60B. Request for execution of financial penalty order in member state.60C. Transmission to State of external financial penalty order.60D. External financial penalty orders.60E. Refusal to execute external financial penalty order.60F. Variation of amount payable under external financial penalty order.60G. Termination of execution of external financial penalty order.60H. Central Authority to inform competent authority.60I. Amounts to accrue to Exchequer.Part 5 Provision of Evidence (ss. 61-79C)Chapter 1 Interpretation (s. 61)61. Interpretation (Part 5).Chapter 2 Taking of Evidence (ss. 62-75A and draft s. 75B)62. Evidence from person in designated state.63. Evidence for use in designated state.64. Privilege of witnesses.Evidence of prisoners (ss. 65-66)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 (ss. 67-70)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 (ss. 71-72)71. Request for evidence by telephone link.72. Taking of evidence.Search for evidence (ss. 73-75A and draft s. 75B)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.75A. Powers of officers of Revenue Commissioners.Draft 75B. Compliance with requests for material evidence subject to assurance.Chapter 3 Identification evidence (ss. 76-79C)76. Definitions (Chapter 3).77. Identification evidence for use in State.78. Identification evidence for use outside State.79. Action on request.79A. Request pursuant to Article 7 of 2008 Council Decision or that Article as applied by 2009 Agreement with Iceland and Norway.79B. Application for court order authorising taking of identification evidence from protected person or child under Act of 2008.79C. Recording of supply and receipt of data for requests pursuant to Article 7 of 2008 Council Decision or that Article as applied by 2009 Agreement with Iceland and Norway.Part 6 Other Forms of Assistance (ss. 80-92)Chapter 1 Service of documents (ss. 80-82)80. Documents for service outside State.81. Mode of service.82. Service of documents in State.Chapter 2 Examining objects and sites (s. 83)83. Examining objects and sites.Chapter 3 Restitution (ss. 84-87)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 (ss. 88-92)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 (ss. 93-94)93. Definitions (Part 7).94. Application in State of Ireland - US Treaty.Part 7A Special Intervention Units (ss. 94A-94E)94A. Interpretation.94B. Special intervention unit.94C. Request to member state for assistance of special intervention unit in dealing with crisis situation.94D. Request to State for assistance of special intervention unit in dealing with crisis situation.94E. Operation of special intervention unit.Part 7B Assistance in Criminal Matters between State and EPPO (ss. 94F-94AX)Chapter 1 General (ss. 94F-94H)94F. Application of Part 94G. Cooperation with EPPO94H. Modification of references for purposes of Part (general) Chapter 2 Modification of Part 1 for purposes of Part (ss. 94I-94N)94I. Application of section 2 for purposes of Part94J. Application of section 3 for purposes of Part94K. Application of section 6 for purposes of Part94L. Application of section 7 for purposes of Part94M. Application of section 8 for purposes of Part94N. Application of section 9 for purposes of PartChapter 3 Modification of Part 2 for purposes of Part (ss. 94O-94Q)94O. Application of section 14 for purposes of Part94P. Application of section 17 for purposes of Part94Q. Application of section 20 for purposes of PartChapter 4 Modification of Part 3 for purposes of Part (ss. 94R-94U)94R. Application of section 24 for purposes of Part94S. Application of section 25 for purposes of Part94T. Application of section 27 for purposes of Part94U. Application of section 28 for purposes of PartChapter 5 Modification of Part 4 for purposes of Part (ss. 94V-94AC)94V. Modification of reference to competent authority94W. Application of section 31 for purposes of Part94X. Application of section 34 for purposes of Part94Y. Application of section 35 for purposes of Part94Z. Application of section 42 for purposes of Part94AA. Application of section 45 for purposes of Part94AB. Application of section 46 for purposes of Part94AC. Application of section 47 for purposes of PartChapter 6 Modification of Part 5 for purposes of Part (ss. 94AD-94AP)94AD. Application of section 62 for purposes of Part94AE. Application of section 63 for purposes of Part94AF. Application of section 64 for purposes of Part94AG. Application of section 66 for purposes of Part94AH. Application of section 67 for purposes of Part94AI. Application of section 70 for purposes of Part94AJ. Application of section 73 for purposes of Part94AK. Application of section 74 for purposes of Part94AL. Application of section 75 for purposes of Part94AM. Application of section 78 for purposes of Part94AN. Application of section 79 for purposes of Part94AO. Application of section 79A for purposes of Part94AP. Application of section 79C for purposes of PartChapter 7 Modification of Part 6 for purposes of Part (ss. 94AQ-94AS)94AQ. Application of section 82 for purposes of Part94AR. Application of section 83 for purposes of Part94AS. Application of section 88 for purposes of PartChapter 8 Modification of Part 8 for purposes of Part (ss. 94AT-94AX)94AT. Application of section 97 for purposes of Part94AU. Application of section 99 for purposes of Part94AV. Application of section 102 for purposes of Part94AW. Application of section 103 for purposes of Part94AX. Application of section 104 for purposes of PartPart 8 Miscellaneous (ss. 95-111)95. Exchange of information concerning terrorist offences between Europol, Eurojust and member states.95A. Eurojust national member.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 ConventionSchedule 2 Text of 2001 ProtocolSchedule 3 Text of Agreement with Iceland and NorwaySchedule 3A Text of Agreement between the European Union and Japan on mutual legal assistance in criminal mattersSchedule 4 Text of Articles 49 and 51 of Schengen ConventionSchedule 5 Text of Framework DecisionSchedule 5A Text of 2005 Framework DecisionSchedule 5B Text of 2006 Framework DecisionSchedule 6 Text of Title III of EC/Swiss Confederation AgreementSchedule 7 Text of 2005 Council DecisionSchedule 7A Text of the 2008 Council Decision (special intervention units)Schedule 7B Text of 2009 Council DecisionSchedule 7C Text of 2018 RegulationSchedule 7D Text of Titles VIII and XI of Part Three of the Trade and Cooperation AgreementSchedule 8Schedule 8, Part 1 Text of 1959 ConventionSchedule 8, Part 2 Text of First Additional Protocol to 1959 ConventionSchedule 9 Text of Second Additional Protocol to 1959 ConventionSchedule 10 Text of Chapter IV of 2005 ConventionSchedule 10A Text of Istanbul ConventionSchedule 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 2000Schedule 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 2003Schedule 12A Text of Second Optional ProtocolSchedule 13 Text of EU/US Agreement on Mutual Legal AssistanceSchedule 14 Text of Ireland/US Treaty of 18 January 2001, as applied by Instrument of 14 July 2005Draft Schedule 15 sets out the English text of the Convention on Cybercrime done at Budapest on 23 November 2001
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38. Exercise of powers under this Chapter by High Court or receiver.
(1) The powers of the High Court under section 36 or of a receiver appointed under that section shall be exercised, subject to this section, with a view to making available for recovery property which may become liable to be recovered under any confiscation co-operation order or, in the case of an external confiscation order transmitted by or on behalf of a court in a designated state that is a member state, that external confiscation order that may be made in the defendant's case.
(2) The powers shall be exercised with a view to allowing any person, other than the defendant or the recipient of a gift, to retain or recover the value of any property held by the person.
(3) In the case of realisable property held by a person to whom the defendant has directly or indirectly made a gift, the powers shall be exercised with a view to realising no more than the value for the time being of the gift.
(4) In exercising the powers no account shall be taken of any obligations of the defendant or the recipient of any gift that conflict with the obligation to satisfy any order referred to in subsection (1) that may be made in the defendant's case.