Money Laundering Money-laundering is concealing the origin of money representing the proceeds of crime. It is a method by which proceeds of crime are legitimised and concealed. Since the mid-1990s, legislation, most of which has derived from European Union, has been enacted with the purpose of preventing money-laundering. The September 11th 2001 attacks, has led to further legislation, aimed at organised criminals and terrorists. The […]
Compensation Order Over the last 30 years, the courts have been given significant jurisdiction to make ancillary orders upon conviction for criminal offences. Courts may make a compensation order under the Criminal Justice Act 1993. Subject to the provisions of the legislation upon the conviction of any person for an offence, the court in addition to dealing with him in any other way may unless […]
Compensation The Criminal Justice Act 1993 provides generally, for orders of payment of compensation to victims. Payment of compensation may be a condition of an order under the Probation of Offenders Act. Certain other legislation provides specifically for orders for payment of compensation as a possibility on conviction. For example, the Criminal Damage Act makes specific provisions in this regard. The 1993 Act provides a […]
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 freezing order may apply to all realisable property held by […]
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 that could be done was the confiscation of unlawful or […]
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 Act in lieu of punishment. The Criminal Injuries Compensation Tribunal […]
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, any property obtained or received at any time by r […]
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 deny those persons of the assets of the benefit of […]
Seizure of Cash & Equivalents The Criminal Justice Act 1994 as amended by the Proceeds of Crime Act 1996 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. Criminal conduct means conduct that constitutes an offence or one or […]
Prohibition Vicinity Premises The court may make an order under the Criminal Justice Public Order Act providing that the person convicted may be prohibited from entering or being in the vicinity of specific premises which includes a licenced premises or seller of food. The vicinity is a distance up to 100 metres, not exceeding 100 meters. The period specified is not to exceed 12 months. […]