PART 4
FREEZING, CONFISCATION AND FORFEITURE OF PROPERTY
Chapter 3
Confiscation of Property
Request for
confiscation of

49. — (1) If a confiscation order relates to property in a designated state, the registrar or clerk of the court concerned shall, on request and subject to any conditions

property in desig- that may be specified by rules of court, give to the Director of Public Prosecutions—
(a) a duly authenticated copy of the order, and
(b) a certificate signed by the registrar or clerk and stating that the prescribed time for lodging an appeal has expired or, as the case may be, will expire on a specified date.

(2) If such a confiscation order has not been satisfied, the Director of Public Prose- cutions may send to the Central Authority, for transmission to the competent authority in the designated state concerned—
(a) the documents mentioned in subsection (1),
(b) a document signed by or on behalf of the Director stating—
(i) that the order is in force and has not been satisfied, and
(ii) that the defendant appeared or was represented at the proceedings in which the order was made or, if not, the date on which the court proceedings began and the date on which the defendant received notice of them,

(c) a brief description of the conduct which resulted in the making of the order, and

(d) a request that the property concerned be realised and the proceeds applied in accordance with the law of that state.

F27[(2A) Where the Director of Public Prosecutions sends a request to the Central Authority under subsection (2) the Director of Public Prosecutions shall inform the Central Authority—

(a) if there is a risk that the amount that may be realised in pursuance of such a request is greater than the amount ordered to be paid under the confiscation order, stating that there is that risk and requesting that the amount to be realised not exceed the amount specified in the request,

(b) if all or part of the confiscation order has been executed in the State or in another designated state, stating the amount of the proceeds of realisation and requesting that the amount to be realised in the designated state concerned not exceed the difference between the amount specified in the confiscation order and those proceeds of realisation,

(c) if the defendant has made any voluntary payment in respect of the confiscation order after it was transmitted, stating the amount of that voluntary payment and requesting that the amount to be realised in the designated state



concerned not exceed the difference between the amount specified in the confiscation order and the amount paid voluntarily, or
(d) if the confiscation order ceases to be enforceable, stating that fact.]
(3) If—
(a) property is realised in pursuance of such a request, and
(b) the amount realised is less than, or equal to, the amount ordered to be paid under the confiscation order,

the amount so ordered is deemed to be reduced by an amount equal to the proceeds of realisation or, as the case may be, the confiscation order is deemed to be discharged.

(4) In any proceedings a certificate purporting to be issued by a competent authority in the designated state and stating—
(a) that property has been realised pursuant to the request,
(b) the date of realisation, and
(c) the proceeds of realisation,
is admissible, without further proof, as evidence of those matters.

PART 4
FREEZING, CONFISCATION AND FORFEITURE OF PROPERTY
Chapter 4
Forfeiture of Property
Transmission of external forfei- ture order to
designated state for enforcement.

58. — (1) If an order of a court relates to the forfeiture of property in a designated state, the registrar or clerk of the court concerned shall, on request and subject to any conditions that may be specified by rules of court, give to the Director of Public Prosecutions—
(a) a duly authenticated copy of the order, and
(b) a certificate signed by the registrar or clerk and stating that the prescribed time for lodging an appeal has expired or, as the case may be, will expire on a specified date.

(2) The Director of Public Prosecutions may send to the Central Authority, for transmission to the appropriate authority in the designated state concerned—
(a) the documents mentioned in subsection (1),
(b) a document signed by or on behalf of the Director stating—
(i) that the order is in force and has not been satisfied, and
(ii) that the defendant appeared or was represented at the proceedings in which the order was made or, if not, the date on which the court proceedings began and the date on which the defendant received notice of them,
(c) a brief description of the conduct which resulted in the making of the order,



(d) any other information required by the relevant international instrument, and
(e) a request for forfeiture of the property concerned and its disposal.


Transmission of external forfei- ture order to
State for enforce- ment.

59. — (1) An external forfeiture order may be transmitted by or on behalf of the court that made it to the Central Authority with a request for its enforcement.
(2) The external forfeiture order shall be accompanied by—
(a) a duly certified copy of the order,
(b) a statement by or on behalf of the court that made the order—
(i) that it is in force and not subject to appeal, and
(ii) that, if the person against whom it was made did not appear in the proceedings concerned, notice thereof was received by the person in good time to defend the proceedings,

(c) a brief description of the conduct constituting the offence which resulted in the making of the order, and
(d) any required translations,
and shall include any further information required by the relevant international instrument.



Forfeiture co-
operation order.

60. — (1) The Central Authority, on receipt of an external forfeiture order and accompanying documents, may cause an application to be made to the High Court for an order (a “forfeiture co-operation order”) for the forfeiture of realisable prop- erty in the State to which the external forfeiture order relates.

(2) The application shall be accompanied by the request, the accompanying docu- ments and any other related documents or by copies thereof.

(3) On the application the Court may, subject to subsection (4), make a forfeiture co-operation order.
(4) The Court may not make a forfeiture co-operation order unless—
(a) it is satisfied—
(i) that the application is made with the consent of the Minister,
(ii) as to the matters mentioned in section 59(2)(b),
(iii) that the conduct which resulted in the making of the external forfeiture order constitutes criminal conduct, and

(iv) that the making of the order is otherwise in accordance with the relevant international instrument,
and
(b) an opportunity has been given to any person claiming to own, or have an interest in, the property subject to the external forfeiture order to show cause why the order should not be made.

(5) A forfeiture co-operation order operates to deprive the defendant in the proceedings in which the external forfeiture order was made of any right or interest in the property and to vest the property in the Commissioner of the Garda Síochána.

(6) The forfeited property or the proceeds of any sale of the property shall be disposed of for the benefit of the Exchequer in accordance with the directions of the



Minister for Finance, unless, on request by or on behalf of the designated state concerned and in accordance with the relevant international instrument, the Court provides otherwise.
(7) The Court—
(a) may vary or discharge a forfeiture co-operation order on the application of any person claiming to own or have an interest in the property concerned or to be otherwise affected by the order and may in that connection consult the court which made the external forfeiture order, and
(b) shall—
(i) vary a forfeiture co-operation order in accordance with any variation in the external forfeiture order, and

(ii) if satisfied that the external forfeiture order has been revoked, discharge it.

(8) The Police (Property) Act 1897 does not apply to property which vests in the Commissioner of the Garda Síochána by virtue of this section.

(9) This section applies to any property which is in the possession of the Garda Síochána under section 61(4) of the Act of 1994.

(10) Nothing in this section affects any enactment whereby property is, or may be ordered to be, forfeited as a result of a conviction for an offence.