PART 4
FREEZING, CONFISCATION AND FORFEITURE OF PROPERTY
Chapter 2
Freezing of Property

Transmission of
freezing order for enforcement
outside the State.

33.— (1) If—
(a) any property to which an application for a freezing order relates is in a member state, and
(b) the application is granted,
the applicant may request the judge concerned to cause a certificate to be completed.
(2) The certificate shall—
(a) bear a signature (which may be an electronic signature) by or on behalf of the court concerned, and
(b) include a statement as to the accuracy of the information in the certificate.
(3) If the freezing order is an order under section 32 for the protection of evidence, the court concerned may indicate to the judicial authority of the member state any formalities and procedures in enforcing the order that are necessary to ensure that the evidence is admissible in criminal proceedings.

(4) The freezing order and certificate shall be sent by a registrar of the Court to the applicant, who shall send them to the Central Authority for transmission to the appropriate authority in the member state concerned with a view to having the freezing order enforced.

(5) If a freezing order relates to property in a designated state (other than a member state), the Director of Public Prosecutions may send to the Central Authority, for transmission to the appropriate authority in the designated state with a view to having the freezing order enforced—
(a) a duly authenticated copy of the order, and
(b) such other information as may be required by the appropriate authority in accordance with the relevant international instrument.



Transmission of external freezing orders to State for enforcement.

34. — (1) An external freezing order from a member state and a certificate duly completed and certified as accurate by the issuing judicial authority together with a request or instruction relating to the subsequent treatment of the evidence or prop- erty concerned shall, unless otherwise provided by a declaration by the State under Article 4.2 of the F20[2003 Framework Decision], be transmitted to the Central Authority in connection with a request for enforcement of the order.

(2) A request from any other designated state for the enforcement of an external freezing order shall be accompanied by—
(a) a duly certified copy of the order,
(b) a statement of the grounds—



(i) for making the order, and
(ii) for believing that the evidence or property concerned will be subject to an order of confiscation,
and any other information required by the relevant international instrument.
(3) Transmission of the documents mentioned in subsection (1) or (2) shall be by any means capable of producing a written record under conditions which allow the Central Authority or the High Court to establish the documents’ authenticity.

(4) An issuing judicial authority is deemed to have complied with subsection (3) if facsimile copies of the external freezing order, the certificate (where appropriate) and any translation thereof are transmitted in compliance with any regulations that may be made under subsection (6).

(5) If the Central Authority or the High Court is not satisfied that a facsimile copy of a document transmitted in accordance with this section corresponds to the docu- ment of which it purports to be such a copy, the Central Authority or the Court shall—

(a) request the issuing judicial authority to cause the original or a copy of the document to be transmitted to the Central Authority, and

(b) agree with that judicial authority on the manner in which the original or copy is to be so transmitted.

(6) The Minister may, if he or she considers it necessary for the purposes of ensuring the accuracy of documents transmitted in accordance with this section, make regula- tions—

(a) prescribing procedures to be followed in connection with the transmission of documents in accordance with this section, and

(b) specifying features to be present in any equipment being used in that connection.

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.

PART 5
PROVISION OF EVIDENCE
Chapter 2
Taking of Evidence
Evidence from
person in desig- nated state.

62. — (1) Where it appears to a judge at a sitting of any court that criminal proceedings have been instituted or a criminal investigation is taking place in the State, the judge may issue a letter (a “letter of request”) requesting assistance in obtaining from a person in a designated state such evidence as is specified in the letter for use in the proceedings or investigation.

(2) Application for a letter of request may be made by the Director of Public Prose- cutions or a person charged in any such proceedings that have been instituted.

(3) The letter of request shall be sent to the Central Authority for transmission to the appropriate authority.

(4) Notwithstanding subsections (1) to (3), where proceedings in respect of an offence have been instituted or a criminal investigation is taking place, the Director of Public Prosecutions may issue and transmit a letter of request directly to the appropriate authority.
(5) The letter of request shall include—
(a) a statement that the evidence is required for the purpose of criminal proceedings or a criminal investigation,
(b) a brief description of the conduct constituting the offence concerned, and
(c) any other available information that may assist the appropriate authority in complying with the request.

(6) Evidence obtained by virtue of this section shall not, without the consent of the appropriate authority, be used for any purpose other than that permitted by the relevant international instrument or specified in the letter of request.

(7) When any such evidence is no longer required for that purpose (or for any other purpose for which such consent has been obtained), it shall be returned to the appropriate authority unless the authority indicates that it need not be returned.
(8) A statement of the evidence of a witness—
(a) taken in accordance with a letter of request, and
(b) certified by or on behalf of the court, tribunal or authority by which it was taken to be an accurate statement of the evidence,

is admissible, without further proof, in proceedings relating to the offence concerned as evidence of any fact stated therein of which oral evidence would be so admissible.

(9) A court, when considering whether any evidence taken from a person pursuant to a letter of request should be excluded in the exercise of its discretion to exclude evidence otherwise admissible, shall, where appropriate, have regard to—

(a) whether the law of the state concerned allowed the person and any other party concerned, when the evidence was being taken, to be legally represent- ed and cross-examined, and

(b) any other respects in which the taking of the evidence may have differed from the taking of comparable evidence in the State.



(10) Nothing in this section prevents the Director of Public Prosecutions from issuing a letter of request for assistance in obtaining a statement of evidence or taking possession of material evidence in a designated state for the purposes of criminal proceedings or a criminal investigation where the witness or witnesses concerned will give evidence in those proceedings or any proceedings that may be instituted after the investigation.

(11) In this section, “appropriate authority”, in relation to the place where the evidence is to be obtained, means—

(a) a court or tribunal specified in the letter of request and exercising jurisdiction in that place, or

(b) any other authority recognised by the government of the state concerned as the appropriate authority for receiving the letter.


Evidence for use in designated state.

63. — (1) This section applies, subject to section 64, in relation to a request for assistance in obtaining evidence in the State from a person (in this section referred to as a “witness”) for the purpose of criminal proceedings, or a criminal investigation, in a designated state.

(2) On receipt of such a request the Minister, if of opinion that this section applies in relation to it, may, subject to subsection (3)—

(a) request the President of the District Court to nominate a judge of that Court to receive the evidence to which the request relates, and

(b) send the judge a copy of the request and of any accompanying or related documents.

(3) The Minister shall not exercise the power conferred by subsection (2) unless an assurance is given by the requesting authority that any evidence that may be supplied in response to the request will not, without the consent of the nominated judge or the witness, be used for any purpose other than that permitted by the relevant international instrument or specified in the letter of request.
(4) For the purposes of this section the nominated judge—
(a) has the powers of the District Court in criminal proceedings, including its powers—

(i) in relation to securing the attendance of witnesses, the production of documents or other articles, taking evidence on oath, compelling witnesses to give evidence or to produce documents or other things and the conduct generally of the proceedings for the taking of evidence, and

(ii) under any enactment or rule of law relating to the protection of witnesses against intimidation,

(b) may direct that the evidence, or any part of it, be received otherwise than in public if of opinion that such a direction is necessary to protect—
(i) the witness or other person, or
(ii) confidential or sensitive information, and
(c) shall inform the witness of his or her rights under section 64.
(5) The evidence may be given through a live television link in any case where it may be so given in proceedings under any enactment.

(6) Any person who is summoned to give evidence and who, without reasonable excuse, does not answer any question or comply with a requirement to produce any document or other thing 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.

(7) The Bankers’ Books Evidence Act 1879 applies to proceedings under this section as it applies to other proceedings before a court.
(8) No order for costs may be made in the proceedings.


Privilege of witnesses.































Transfer of prison- er to give
evidence or assist criminal investiga- tion in State.

64. — (1) A person is not compelled to give any evidence in proceedings under section 63 which he or she could not be compelled to give—
(a) in criminal proceedings in the State, or
(b) subject to subsection (2), in criminal proceedings in the state concerned.
(2) Subsection (1)(b) does not apply unless the claim of the person to be exempt from giving the evidence is conceded by the requesting authority.

(3) Where the claim is not conceded, the person may (subject to the other provisions of this section) be required to give the evidence to which the claim relates, but the evidence shall not be transmitted to the requesting authority if a court in the state concerned, on the matter being referred to it, upholds the claim.

(4) Without prejudice to subsection (1), a person may not be compelled under this section to give any evidence—
(a) in his or her capacity as an officer or servant of the State, or
(b) if to do so would be prejudicial to the security of the State.
(5) In any proceedings referred to in subsection (1) a certificate purporting to be signed by or on behalf of the Minister to the effect that it would be prejudicial to the security of the State for a person to give any evidence is admissible, without further proof, as evidence of that fact.

(6) In this section references to giving evidence include references to answering any question and to producing any document or other thing, and the reference in subsection (3) to the transmission of evidence given by a person is to be construed accordingly.

PART 5
PROVISION OF EVIDENCE
Chapter 3
Identification evidence

Identification
evidence for use in State.

77. — (1) Where it appears to a judge of any court that—
(a) criminal proceedings have been instituted or a criminal investigation is taking place, and



(b) identification evidence for the purposes of the proceedings or investigation may be obtained from an authority in a designated state,

the judge may issue a letter (a “letter of request”) requesting assistance in obtaining the evidence.

(2) Application for a letter of request may be made by the Director of Public Prose- cutions or a person charged in any proceedings that have been instituted.
(3) The letter of request shall be sent to—
(a) the Central Authority for transmission to the appropriate authority, or
(b) in urgent cases, directly to that authority.
(4) Notwithstanding subsections (1) to (3), where proceedings for an offence have been instituted or an offence is being investigated, the Director of Public Prosecutions may issue and transmit a letter of request directly to the appropriate authority.
(5) The letter of request shall include—
(a) a statement that the evidence is required for the purpose of criminal proceedings or a criminal investigation and will be returned to the appropriate authority when no longer required for that purpose, unless the authority indicates otherwise
(b) a brief description of the conduct constituting the offence concerned, F62[...]
F63[(ba) in the case of a request pursuant to Article 7 of the 2008 Council Decision, or that Article insofar as it is applied by Article 1 of the 2009 Agreement with Iceland and Norway, for the DNA profile of a person who is suspected of having committed the offence concerned whose DNA profile is not in the possession of the appropriate authority, a statement issued by the Commis- sioner of the Garda Síochána or the Director of Public Prosecutions, as may be appropriate, confirming that the requirements for the taking of a DNA sample from the person under the law of the State would be complied with if the person were in the State, and]

(c) any other available information that may assist the appropriate authority in complying with the request.

(6) Evidence obtained by virtue of this section shall not, without the consent of the appropriate authority, be used for any purpose other than that specified in the letter of request.

(7) When any such evidence is no longer required for that purpose (or for any other purpose for which such consent has been obtained), it shall be returned to the appropriate authority unless the authority indicates that it need not be returned.
(8) In any proceedings a document purporting to be—
(a) a report of the taking of the identification evidence in the designated state and to be signed by, and to state the rank or other qualification of, the person who took the evidence, or

(b) a record of the evidence kept by the appropriate authority and certified by it or on its behalf,
is admissible, without further proof, as evidence of the matters stated in it.
(9) In this section, “appropriate authority” means the authority in the designated state concerned appearing to the Director of Public Prosecutions to possess the identification evidence requested or to have the function of obtaining or arranging to obtain it.

PART 5
PROVISION OF EVIDENCE
Chapter 3
Identification evidence
Identification
evidence for use outside State.

78. —F64[(1)]A request for obtaining identification evidence for use in a designated state shall include—

(a) a statement that the evidence is required in connection with criminal proceedings, or a criminal investigation, in that state, F65[...]
F66[(b) a brief description of the conduct constituting the offence,] F67[(c) a statement of the purpose for which the evidence is sought,
(d) a statement confirming that any evidence that may be furnished in response to the request will not, without the consent of the Minister, be used for any purpose other than that specified in the request, and

(e) in the case of a request pursuant to Article 7 of the 2008 Council Decision, or that Article insofar as it is applied by Article 1 of the 2009 Agreement with Iceland and Norway, for the DNA profile of a person who is suspected of having committed the offence concerned whose DNA profile is not in the possession of the Garda Síochána—
(i) an investigation warrant in respect of the person, or
(ii) a statement issued by the competent authority in the member state concerned in connection with a criminal investigation in that member state confirming that the requirements for the taking of a DNA sample from the person under the law of that member state would be complied with if the person were in that member state.
(2) In this section—



‘competent authority’, in relation to a member state, means the authority in the member state that is competent to issue an investigation warrant or statement for the purposes of Article 7 of the 2008 Council Decision or that Article insofar as it is applied by Article 1 of the 2009 Agreement with Iceland and Norway;

‘investigation warrant’ means a warrant or order issued by the competent authority in a member state requiring a person to have identification evidence, other than fingerprints, palm prints or photographs, taken from him or her for the purposes of a criminal investigation, or criminal proceedings, in that member state.]