ACT
(Acts 10 of 1993, 36 of 1999, 4 of 2010, 15 of 2011, 16 of 2012, 14 of 2013 and 18 of 2023 and Statutory Instrument 11/2004 and 55/2004)
Act 10 of 1993 .. in force 8 June 1995 (S.I. 37/1995)
Amended by Act 36 of 1999 .. in force 26 January 2000 (S.I. 9/2000)
Amended by Act 27 of 2003 .. in force 1 January 2004 (S.I. 1/2004)
Amended by S.I. 11/ 2004 .. in force 22 March 2004
Amended by S.I. 55/2004 .. in force 3 August 2004
Amended by Act 4 of 2010 .. in force 1 February 2010
Amended by Act 15 of 2011 .. in force 3 May 2011
Amended by Act 16 of 2012 .. in force 26 November 2012
Amended by Act 14 of 2013 .. in force 16 November 2013
Amended by Act 18 of 2023 .. in force 31 July 2023
ARRANGEMENT OF SECTIONS
PART 1
PRELIMINARY
| 1. | Short title |
| 2. | Interpretation |
| 3. | Definition of certain terms |
PART 2
FORFEITURE ORDERS, CONFISCATION ORDERS AND RELATED MATTERS
General
| 4. | Application for forfeiture order or confiscation order on conviction |
| 5. | Notice of application |
| 6. | Amendment of application |
| 7. | Procedure on application |
| 8. | Application for in rem forfeiture order on abscondence |
Forfeiture orders
| 9. | Forfeiture order on conviction |
| 10. | Effect of forfeiture order |
| 11. | Voidable transfers |
| 12. | Protection of third parties |
| 13. | Discharge of forfeiture order on appeal and quashing of conviction |
| 14. | Payment instead of forfeiture order |
| 15. | Application of procedure for enforcing fines |
| 16. | Forfeiture order on abscondence |
Confiscation orders
| 17. | Confiscation order on conviction |
| 18. | Rules for determining benefit and assessing value |
| 19. | Statements relating to benefits from commission of criminal conduct |
| 20. | Amount to be recovered under confiscation order |
| 21. | Variation of confiscation orders |
| 21A. | Time for payment under a confiscation order |
| 21B | Interest on amount unpaid under a confiscation order |
| 21C. | Considerations of the Court after making a confiscation order |
| 21D. | Court may order payment by a person through a financial institution |
| 21E. | Variation of order where amount available to defendant is inadequate |
| 21F. | Discharge of a confiscation order |
| 22. | Court may lift corporate veil |
| 23. | Enforcement of confiscation orders |
PART 2A
CIVIL RECOVERY
| 23A. | Civil recovery: General |
Action for Civil Recovery
| 23B. | Parallel proceedings against a person |
| 23C. | Supreme Court Rules |
| 23D. | Standard of proof in civil recovery |
Recoverable Property and Associated Property
| 23E. | Following recoverable property |
| 23F. | Tracing property |
| 23G. | Mixing property |
| 23H. | Recoverable property accruing profits |
| 23I. | Granting interests |
| 23J. | Exceptions relating to recoverable property |
Property Freezing Order, Appointment, Functions and Powers of Receiver
in Connection with Property Freezing Order, Receiving Order
| 23K. | Application for property freezing order |
| 23L. | Effect of a property freezing order |
| 23M. | Varying and setting aside a property freezing order |
| 23N. | Stay of proceedings relating to a property freezing order |
| 23O. | Appointment of receiver relating to a property freezing order |
| 23P. | Directions of the Court with respect to the functions of a receiver relating to a property freezing order |
| 23Q. | Powers of receiver relating to a property freezing order |
| 23R. | Varying and setting aside the appointment, powers and functions of a receiver relating to a property freezing order |
Receiving order, reporting requirements of a receiver relating to a receiver
order and prohibition or restriction on land, lease of charge
| 23S. | Receiving order |
| 23T. | Reporting requirement for a receiver relating to a receiving order |
| 23U. | Prohibition or restriction on land, lease or charge relating
to a property freezing order |
In Rem Recovery Order, Appointment and Functions of a Trustee relating
to an In Rem Recovery Order and Rights of Pre-Emption and Other Similar Rights
| 23V. | Application for an in rem recovery order |
| 23W. | Making an in rem recovery order |
Associated property and joint property
| 23X. | Agreements with respect to associated property and joint property |
| 23Y. | Default of agreement with respect to associated property and joint property |
| 23Z. | Limitation on instituting proceedings for an in rem recovery order |
| 23AA. | Appointment of trustee relating to an in rem recovery order |
| 23BB. | Functions of a trustee relating to an in rem recovery order |
| 23CC. | Right of pre-emption and other similar rights |
| 23DD. | Stay of proceedings relating to an in rem recovery order |
| 23EE. | Application of realized proceeds relating to an in rem recovery order |
Exemptions
| 23FF. | Application for declaration relating to an in rem recovery order |
Enforcement of an in rem recovery order abroad
| 23GG. | Enforcement abroad before an in rem recovery order |
| 23HH. | Enforcement abroad after an in rem recovery order |
Compensation
| 23II. | Compensation order relating to a property freezing order or a receiving order |
Appeals relating to an in rem recovery order
| 23JJ. | Appeal to the Court after an in rem recovery order |
PART 3
PROVISIONS FOR FACILITATING POLICE INVESTIGATIONS AND PRESERVING PROPERTY LIABLE TO FORFEITURE AND CONFISCATION ORDERS
Powers of search and seizure
| 24. | Warrant to search land for tainted property |
| 25. | Restrictions on issue of search warrants |
| 26. | Matters to be included in search warrant |
| 27. | Police may seize other tainted property |
| 28. | Record of property seized |
| 29. | Return of property seized |
| 29A. | Seizure and detention of cash |
| 29B. | Search for listed assets |
| 29C. | Seizure of property |
| 29D. | Initial detention of property |
| 29E. | Further detention of property |
| 29F. | Testing and safekeeping of property seized |
| 29G. | Release of detained property |
| 29H. | Forfeiture of property |
| 29I. | Associated and joint property |
| 29J. | Agreements with respect to associated property and joint property |
| 29K. | Default of agreement with respect to associated and joint property |
| 29L. | Appeal against forfeiture with respect to property or against an order with respect to associated property or joint property |
| 29M. | Realization of property forfeited |
| 29N. | Application of realized proceeds relating to property forfeited |
| 29O. | Application for release of property |
| 29P. | Compensation relating to property detained |
Account freezing order
| 29Q. | Application for an account freezing order |
| 29R. | Minimum amount to be seized in an account freezing order |
| 29S. | Making an account freezing order |
| 29T. | Variation and setting aside of an account freezing order |
| 29U. | Stay on proceedings relating to an account freezing order |
| 29V. | Exclusions |
Account forfeiture notice and lapse of an account forfeiture notice
| 29W. | Account forfeiture notice |
| 29X. | Lapse of account forfeiture notice |
Forfeiture Order, Application to set aside a Forfeiture Order and Payment
and Non-Payment of Money into the Fund
| 29Y. | Forfeiture order |
| 29Z. | Application to set aside a forfeiture order |
| 29AA. | Payment and non-payment of money forfeited into the Fund |
Appeal against decision on forfeiture of money
| 29BB. | Appeal against decision on forfeiture of money |
| 29CC. | Continuation of account freezing order pending appeal |
Compensation
| 29DD. | Compensation relating to an account freezing order |
Restraining orders
| 30. | Application for restraining order |
| 31. | Restraining orders |
| 31A. | Hearsay evidence |
| 31B. | Restriction or prohibition on land, lease or charge relating
to a restraining order |
| 31C. | Appointment of management receiver |
| 31D. | Effect of restraining order |
| 31E. | Application of proceeds of realization and other sums |
| 31F. | Further provisions with respect to a management receiver |
| 31G. | Discharge and variation of an order giving directions for the exercise of powers of a management receiver |
| 31H. | Winding up of company holding realizable property |
| 31I. | Compensation relating to proceedings instituted for an offence |
| 31J. | Enforcement abroad: restraining order |
| 32. | Undertakings by Crown |
| 33. | Notice of application for restraining order |
| 34. | Service of restraining order |
| 35. | Registration of restraining order |
| 36. | Contravention of restraining orders |
| 37. | Duration of restraining order |
Review of search warrants and restraining orders
| 38. | Review of search warrants and restraining orders |
| 39. | Automatic expiry of restraining orders |
| 40. | Disposal of property seized or dealt with |
| 40A. | Application for a restraining order by an overseas authority |
| 40B. | Restraining order with respect to an external request |
| 40C. | Discharge and variation of a restraining order |
| 40D. | Appeals relating to a restraining order |
| 40E. | Seizure of property subject to restraining order |
| 40F. | Hearsay evidence in proceedings with respect to a restraining order |
| 40G. | Appointment of receiver relating to a restraining order |
| 40H. | Restrictions relating to a restraining order |
External Orders
| 40I. | Application to give effect to an external order |
| 40J. | Conditions for Court to give effect to an external order |
| 40K. | Registration of an external order |
| 40L. | Appeal to Court of Appeal relating to an external order |
| 40M. | Sums in currency other than dollars |
| 40N. | Time for payment under an external order |
| 40O. | Appointment of receiver relating to an external order |
| 40P. | Powers of a receiver with respect to a monetary external order |
| 40Q. | Powers of a receiver with respect to an external order for the recovery of specified property |
| 40R. | Application of sums by a receiver |
| 40S. | Sums received by the Director of Public Prosecutions |
| 40T. | Satisfaction of an external order |
| 40U. | Restrictions relating to a receiver with respect to realizable property |
| 40V. | Protection of a receiver |
| 40W. | Application by a receiver for directions in exercise of powers |
| 40X. | Discharge and variation of an order to appoint a receiver |
| 40Y. | Discharge of a receiver |
| 40Z. | Appeal to Court of Appeal with respect to a receiver |
Production orders, and other Information gathering powers
| 41. | Production and Inspection orders |
| 42. | Scope of police powers under production order, etc |
| 43. | Evidential value of information |
| 44. | Variation of production order |
| 45. | Failure to comply with production order |
| 46. | Search warrant to facilitate investigations |
Monitoring orders
| 47. | Monitoring orders |
| 48. | Monitoring orders not to be disclosed |
Obligations of Financial Institutions
| 49. | Retention of records financial institutions |
| 49A. | Forfeiture order for cash |
| 49B. | Interest on cash forfeited |
| 49C. | Cash defined |
| 50. | Register of original documents |
| 51. | Communication of information to law enforcement authorities |
| 52. | Protection for financial institution |
| 53. | Interpretation |
Order for Disclosure of Income Tax Information
| 54. | Application for disclosure of income tax information |
| 55. | Order for disclosure |
| 56. | Objection to disclosure of information |
| 57. | Evidential value of copies |
| 58. | Further disclosure of information and documents |
Access to specified information and documents held by Government departments
| 59. | Disclosure of information and documents held by Government departments |
PART 3A
ANTI-CRIME INITIATIVE
Property Disposal Committee
| 59A. | Interpretation for this Part |
| 59B. | Appointment of the Committee |
| 59C. | Composition of the Committee |
| 59D. | Functions of the Committee |
| 59E. | Powers of the Committee |
| 59F. | Temporary appointment of members on the Committee |
| 59G. | Disqualification of a member of the Committee |
| 59H. | Chairperson and Deputy Chairperson |
| 59I. | Tenure of the Committee |
| 59J. | Meetings of the Committee |
| 59K. | Secretary |
| 59L. | Committee to regulate its own procedure |
| 59M. | Oath of secrecy and confidentiality |
Application for Money to Execute an Anti-Crime Initiative
| 59N. | Application for money from the Fund to execute an anti-crime initiative |
| 59O. | Referral of an application to the Committee |
| 59P. | Consideration of an application by the Committee |
| 59Q. | Recommendation of the Committee |
| 59R. | Approval of an application |
| 59S. | Refusal of an application |
| 59T. | Reporting requirements |
PART 4
MISCELLANEOUS
| 60. | Power to make rewards |
| 61. | Amendment of Schedule |
| 62. | Standard of proof |
| 63. | External forfeiture orders and confiscation orders |
| 64. | Compensation |
| 64A. | Guidelines |
| 65. | Regulations |
| 66. | Costs |
| 67. | Non-liability of Registrar |
| 68. | Operation of other laws not affected |
| Schedule | |
AN ACT to provide for the forfeiture or confiscation of the proceeds of certain crimes and for connected matters.
Commencement [8 June 1995]