Compelling Documents
CRIMINAL JUSTICE ACT 2006
Information concerning property held in trust.
182.— (1) For the purposes of an investigation into whether a person has committed an arrestable offence a member of the Garda Síochána not below the rank of superintendent may apply to a judge of the High Court for an order for the disclosure of information regarding any trust in which the person may have an interest or with which the person may be otherwise connected.
(2) On such an application the judge, if satisfied—
(a) that there are reasonable grounds for suspecting that a person—
(i) has committed an arrestable offence, and
(ii) has some interest in or other connection with the trust,
(b) that information regarding the trust is required for the purposes of such an investigation, and
(c) that there are reasonable grounds for believing that it is in the public interest that the information should be disclosed for the purposes of the investigation, having regard to the benefit likely to accrue to the investigation and any other relevant circumstances,
may order the trustees of the trust and any other persons (including the suspected person) to disclose to the applicant or other member of the Garda Síochána designated by the applicant such information as he or she may require for those purposes in relation to the trust, including the identity of the settlor and any or all of the trustees and beneficiaries.
(3) An order under this section—
(a) shall not confer any right to production of, or access to, any information subject to legal privilege, and
(b) shall have effect notwithstanding any other obligation as to secrecy or other restriction on disclosure of information imposed by statute or otherwise.
(4) A judge of the High Court may vary or discharge an order under this section on the application of any person to whom it relates or a member of the Garda Síochána.
(5) A trustee or other person who without reasonable excuse—
(a) fails or refuses to comply with an order under this section, or
(b) discloses information which is false or misleading,
is guilty of an offence and liable—
(i) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or
(ii) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.
(6) Any information disclosed by a person in accordance with this section is not admissible in evidence in any criminal proceedings against the person or his or her spouse, except in any proceedings for an offence under subsection (5) (b) .
(7) In this section “information” includes—
(a) a document or record, and
(b) information in non-legible form.
F48[
Possession of article intended for use in connection with certain offences.
183.— (1) A person is guilty of an offence if he or she possesses or controls any article in circumstances giving rise to a reasonable inference that he or she possesses or controls it for a purpose connected with the commission, preparation, facilitation or instigation of—
(a) an offence under section 15 of the Non-Fatal Offences against the Person Act 1997,
(b) a drug trafficking offence within the meaning of section 3(1) of the Criminal Justice Act 1994,
(c) murder,
(d) murder to which section 3 of the Criminal Justice Act 1990 applies, or
(e) the common law offence of kidnapping to which section 2 of, and paragraph 4 of the Schedule to, the Criminal Law (Jurisdiction) Act 1976 applies.
(2) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence he or she did not possess or control the article concerned for a purpose specified in subsection (1).
(3) Where a person is charged with an offence under this section, no further proceedings in the matter (other than any remand in custody or on bail) may be taken except by or with the consent of the Director of Public Prosecutions.
(4) A person guilty of an offence under this section is liable on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or both.
(5) In this section—
‘article’ means a substance, document or thing;
‘document’ includes—
(a) a map, plan, graph, drawing, photograph or record, or
(b) a reproduction in permanent legible form, by a computer or other means (including enlarging), of information in non-legible form;
‘information in non-legible form’ includes information on microfilm, magnetic tape or disk.]
Annotations
Amendments:
F48
Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 46, S.I. No. 236 of 2007.
F49[
Possession of monies intended for use in connection with certain offences.
183A.— (1) A person is guilty of an offence if he or she possesses or controls monies of a value of not less than €5,000 in circumstances giving rise to a reasonable inference that he or she possesses or controls the assets concerned for a purpose connected with the commission, preparation, facilitation or instigation of—
(a) an offence under section 14 of the Criminal Justice (Theft and Fraud Offences) Act 2001,
(b) an offence under section 15 of the Non-Fatal Offences against the Person Act 1997,
(c) a drug trafficking offence within the meaning of section 3(1) of the Criminal Justice Act 1994,
(d) an offence under section 17 of the Criminal Justice (Public Order) Act 1994,
(e) murder,
(f) murder to which section 3 of the Criminal Justice Act 1990 applies, or
(g) the common law offence of kidnapping to which section 2 of, and paragraph 4 of the Schedule to, the Criminal Law (Jurisdiction) Act 1976 applies.
(2) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence he or she did not possess or control the assets concerned for a purpose specified in subsection (1).
(3) Where a person is charged with an offence under this section, no further proceedings in the matter (other than any remand in custody or on bail) may be taken except by or with the consent of the Director of Public Prosecutions.
(4) A person guilty of an offence under this section is liable on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or both.
(5) In this section—
‘monies’ means coins and notes in any currency, bank drafts, postal orders, certificates of deposit and any other similar instruments easily convertible into money.]
Annotations
Amendments:
F49
Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 46, S.I. No. 236 of 2007.