Category: Civil Consequences

Freezing Orders Restraint orders may be made where proceedings are pending for drug trafficking, financing terrorism or other indictable offences.  These may be made where the confiscation order has been made or is likely to be made. A freezing order may be made prohibiting a person dealing with property, subject to conditions as specified. A […]

Background The courts have inherent powers in theft and related offences to return the property to its rightful owners.  In addition, they have the power to order compensation.  In the mid-1990s, under international Conventions and domestic “gangland” crime,  legislation was enacted providing for the confiscation and forfeiture of the proceeds of crime.  Previously, the most […]

Compensation There exists the possibility of recovery for criminal damage against a wrongdoer in civil proceedings.  In addition, the Criminal Justice Act 1993 allows for an award of compensation in the criminal proceeding itself upon conviction. Sometimes courts take account of payment of compensation as a factor in mitigating punishment or in applying the Probation […]

Freezing Order Criminal conduct for the purpose of the Proceeds of Crime Act means any conduct which is an offence in the State or would constitute an offence if it occurred within the State, is an offence under the law of the foreign state concerned and if at that time of application for the order, […]

Criminal Assets Bureau The Criminal Assets Bureau was established by the Criminal Assets Bureau Act 1996. The objective of the Bureau is the identification of the assets, wherever situated of persons, which derive or are suspected to derive, directly or indirectly, from criminal conduct, the taking of appropriate action under the law to deprive or […]

Seizure of Cash & Equivalents The Criminal Justice Act 1994 as amended by the Proceeds of Crime (Amendment) Act 1995 makes further provision for the seizure of the proceeds of crime. Cash includes notes and coins in any currency, postal orders, cheques of any kind including travellers’ cheques, bank drafts, bearer bonds and bearer shares. […]