PART 1
PRELIMINARY AND GENERAL
Transmission of evidence to
designated state (general).

7. — (1) Evidence obtained in the State in compliance with a request shall be trans- mitted to the designated state concerned in accordance with the directions of the Minister.

(2) If any such evidence is to be accompanied by a certificate, affidavit or other verifying document, the judge concerned or, as the case may be, the appropriate member of the Garda Síochána or officer of the Revenue Commissioners, shall supply the required document for transmission to the designated state.

(3) Where the evidence consists of a document, the original or a copy shall be transmitted and, where it consists of any other item, the item itself or a description, photograph or other representation of it shall be transmitted, as may be necessary to comply with the request.

PART 1
PRELIMINARY AND GENERAL
Spontaneous exchange of information.

9.— (1) Without prejudice to section 100, the Director of Public Prosecutions, Commissioner of the Garda Síochána or Revenue Commissioners (in this section referred to as the “providing authority”) may, in accordance with the relevant inter- national instrument and without receiving a request to that effect, communicate information to a competent authority in a designated state either relating to matters which might give rise to such a request or for the purpose of current criminal investi- gations or criminal proceedings or of initiating either of them.

(2) The providing authority may impose conditions on the use by the competent authority of the information so communicated.

(3) Subsection (2) does not apply in relation to the competent authority of a desig- nated state which has made a declaration under paragraph 4 of Article 11 of the Second Additional Protocol unless, as required by such a declaration, the authority has received prior notice of the nature of the information to be communicated and has agreed to its being communicated.

(4) Any conditions imposed by a competent authority in a designated state on the use of information communicated by it to the providing authority shall be complied with pursuant to the relevant international instrument.

(5) In this section references to a competent authority in a designated state are references to the authority in such a state appearing to the providing authority to be the appropriate authority for receiving or communicating the information concerned.

PART 2
INFORMATION ABOUT FINANCIAL TRANSACTIONS FOR CRIMINAL INVESTIGATION PURPOSES
Request to desig- nated state for
information
about financial transactions.

14. — (1) Where an account information order or account monitoring order relates to information concerning an account or accounts in a financial institution in a designated state, the Director of Public Prosecutions may send the order to the Central Authority for transmission to a competent authority in that state, together with a request by the Director for the supply of the information to which the order relates.

(2) Notwithstanding subsection (1), the Director may make a request directly to a competent authority in a designated state for the supply of any information to which an account information order or account monitoring order could relate if a criminal investigation is taking place in the State and the Director has reasonable grounds for believing—

(a) that a financial institution or financial institutions in the designated state may have information which is required for the purposes of the investigation, and

(b) that it is in the public interest that any such information should be disclosed for those purposes, having regard to the benefit likely to accrue to the investigation and any other relevant circumstances.
(3) Any request under this section shall include—
(a) a statement by the Director that an investigation is taking place into a specified offence and that the person mentioned in the request is the subject of the investigation, and
(b) the following information:
(i) why the Director considers that the requested information is likely to be of substantial value for the purposes of the investigation;

(ii) why he or she considers that a financial institution or financial institutions in the designated state may keep the account or accounts concerned;
(iii) if available, the name or names of that institution or those institutions;
(iv) the maximum period of imprisonment to which a person of full capacity and not previously convicted is liable on conviction for the offence;
(v) the content of subsections (4) and (5); and
(vi) any other information that may facilitate compliance with the request.
(4) Information obtained in response to a request under this section shall not, without the consent of the competent authority, be used for any purpose other than that permitted by the relevant international instrument.

(5) When any such information 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 competent authority unless the authority indicates that it need not be returned.


Information about financial transactions for use in designated state




Request from
designated state for information about financial
transactions.

15. — (1) This section applies to a request for information in relation to any account or accounts that may be held in a financial institution in the State by a person who is the subject of a criminal investigation in a designated state.
(2) The request shall include—
(a) a statement that a specified offence has been committed in the designated state concerned and that the person mentioned in the request is the subject of an investigation into the offence,
(b) a statement that—
(i) any information that may be supplied in response to the request will not, without the Minister’s prior consent, be used for any purpose other than that specified in the request, and

(ii) the record of any such information will be returned when no longer required for the purpose so specified (or any other purpose for which such consent has been obtained), unless the Minister indicates that its return is not required,
and
(c) the following information:
(i) why the requesting authority considers that the requested information is likely to be of substantial value for the purposes of the investigation;

(ii) why it considers that a financial institution or financial institutions in the State may hold the account or accounts concerned;
(iii) if available, the name or names of that institution or those institutions;
(iv) the maximum period of imprisonment under the law of the designated state by which the offence is punishable; and
(v) any other information that may facilitate compliance with the request.
(3) In subsection (1), “information” includes—
(a) information as to whether a financial institution in the State keeps an account or accounts mentioned in that subsection,
(b) details of any such account or accounts,
(c) details of operations on any such account or accounts during a particular period.

PART 3
INTERCEPTION OF TELECOMMUNICATIONS MESSAGES

Requests for interception where technical assistance required

Request to
member state for interception.

23. — (1) This section applies where—
(a) for the purpose of a criminal investigation the Minister has given an authori- sation of an interception under section 2 of the Act of 1993,

(b) the person specified in the authorisation is present in the State or a member state, and

(c) technical assistance from a member state is needed to intercept the telecom- munications messages concerned.

(2) Where this section applies, the Minister may cause a request to be made to a competent authority in the member state for—

(a) the interception by that authority and immediate transmission to the Commissioner of the Garda Síochána or a member of the Garda Síochána nominated by him or her of telecommunications messages to or from the telecommunications address concerned, or

(b) the interception and recording of the messages and the transmission of the recording to the Commissioner or member.
(3) The request shall—
(a) confirm that an authorisation of an interception has been given by the Minister under the Act of 1993 for the purpose of a criminal investigation,

(b) give sufficient information to identify the person whose telecommunications messages are to be intercepted,
(c) give an indication of the criminal conduct under investigation,
(d) state the desired duration of the interception,
(e) provide sufficient technical data, including the network connection number of the telecommunications address concerned, to ensure that the request can be met, and
(f) where the request—
(i) relates to a specified person who is present in the member state concerned, or
(ii) is a request under subsection (2)(b),



provide a summary of the facts relating to the offence being investigated and any further information that the competent authority may require to enable it to decide whether the requested interception would be authorised by it in similar circumstances.

(4) If the request relates to a person who is present in a member state other than that from which the technical assistance is required, that other member state shall be notified of the authorisation in accordance with section 26.

(5) Information received in response to the request is deemed to be official infor- mation for the purposes of the Official Secrets Act 1963.

(6) For the removal of doubt, it is declared that an authorisation may be given under section 2 of the Act of 1993 where the person whose telecommunications messages are to be intercepted is present in a member state.


Request to State for interception.

24. — (1) This section applies where—
(a) a criminal investigation is taking place in a member state,
(b) a lawful interception order or warrant for the interception of telecommunica- tions messages to or from a specified person or telecommunications address has been issued in the member state in connection with the investigation,

(c) a competent authority in the member state makes a request to the Minister for—

(i) the interception and immediate transmission to the authority or a person nominated by it of telecommunications messages to or from the telecommunications address concerned, or

(ii) the interception and recording of the messages and the transmission of the recording to the authority or the person nominated by it, and
(d) the specified person—
(i) is present in the member state or another member state and the competent authority in the former member state needs the technical assistance of the State to intercept the telecommunications messages, or
(ii) is present in the State and the interception can be made therein.
(2) The request shall—
(a) indicate the name of the competent authority,
(b) confirm that a lawful interception order or warrant has been issued in connection with a criminal investigation,

(c) give sufficient information to identify the person whose telecommunication messages are to be intercepted,
(d) give an indication of the criminal conduct under investigation,
(e) state the desired duration of the interception,
(f) provide sufficient technical data, including the network connection number of the telecommunications address concerned, to ensure that the request can be met, and

(g) if the person is present in a member state other than that in which the lawful interception order or warrant has been issued and from which no technical assistance is required to carry out the interception, confirm that that member



state has been informed of the order or warrant pursuant to Article 20(2)(a) of the 2000 Convention.
(3) Where—
(a) the person whose telecommunications messages are to be intercepted is present in the State, or

(b) the request is for the interception and recording of the messages and trans- mission of the recording,

the request shall also include a summary of the facts relating to the offence being investigated and any further information that the Minister may require to enable him or her to decide whether the conduct constituting the offence, if it occurred in the State, would constitute a serious offence within the meaning of the Act of 1993 and otherwise justify the giving of an authorisation under that Act.

PART 4
FREEZING, CONFISCATION AND FORFEITURE OF PROPERTY
Chapter 2
Freezing of Property
Freezing order relating to
evidence.

32. — (1) This section applies where criminal proceedings have been instituted, or a criminal investigation is taking place, in the State.

(2) Where this section applies, the Director of Public Prosecutions or a member of the Garda Síochána not below the rank of inspector may apply ex parte and otherwise than in public to a judge of the High Court for an order (a “freezing order”) prohibiting the destruction, transformation, moving, transfer, disposal or use by any person of specified property, whether in or outside the State, that could be evidence in those proceedings or, as the case may be, in any such proceedings that may be instituted.
(3) The judge may make the order applied for if satisfied—
(a) that criminal proceedings have been instituted or a criminal investigation is taking place,
(b) that evidence relating to the offence concerned—
(i) is on specified premises,
(ii) is likely to be of substantial value (whether by itself or together with other evidence) to the proceedings or investigation, and
(iii) is likely to be admissible at a trial for the offence, and
(c) in case the evidence is in a designated state, that a request has been or will be made for it to be transferred to the Commissioner of the Garda Síochána.

(4) An order under this section does not apply in relation to any documents subject to legal privilege.

(5) The High Court may vary or discharge an order under this section on application by—
(a) a member of the Garda Síochána not below the rank of inspector, or
(b) any person affected by it,
and shall discharge it if its continuance in force would not be in the interests of justice.
(6) If—
(a) an order under this section is transmitted for enforcement in a designated state pursuant to F19[section 33], and

(b) the order is later varied or discharged in relation to property in the designated state,



the Court shall cause the Central Authority to be informed as soon as practicable of the variation or discharge, and that Authority shall thereupon notify the appropriate authority in the designated state accordingly.



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.



Recognition and enforcement of external freezing orders.

35. — (1) The Central Authority shall, on receipt of an external freezing order, certificate (where appropriate), any other supporting or related documents and any translation, forthwith cause an application to be made to the High Court for an order (in this Part referred to as a “freezing co-operation order”) recognising the external freezing order and prohibiting any person from dealing with the property specified in the external freezing order.

(2) The application may be made ex parte and otherwise than in public and shall be accompanied by the documents mentioned in subsection (1) or copies thereof and, in the case of a designated state (other than a member state), shall be made with the consent of the Minister.

(3) An application from a member state for the enforcement of an external freezing order shall be dealt with as soon as possible and, whenever practicable, within 24 hours of receipt of the order and a duly completed certificate.

(4) On an application under this section the Court may, subject to subsection (5), make a freezing co-operation order, subject to any conditions that may be specified in the order.



(5) The Court may—
(a) refuse to make a freezing co-operation order on a ground mentioned in section 3 or 46, or
(b) postpone its making on a ground mentioned in section 47.
(6) Where a request from a member state concerns an offence referred to in Article 3(2) of the F21[2003 Framework Decision] which is punishable in that state by a maximum term of imprisonment of not less than 3 years, the Court may not refuse to make a freezing co-operation order solely on the ground that the conduct consti- tuting the offence concerned does not constitute an offence under the law of the State.
(7) Where—
(a) an external freezing order is for the protection of evidence,
(b) it is necessary to ensure that the evidence is admissible in the proceedings concerned, and

(c) for that purpose certain formalities and procedures in the enforcement of the external freezing order are expressly indicated by the issuing judicial authority,

the freezing co-operation order shall make provision for observing those formalities and procedures, unless their observance would be contrary to the fundamental prin- ciples of the law of the State.

(8) The Court shall cause notice of the freezing co-operation order to be given to any person who appears to be or is affected by it, unless the Court is satisfied that it is not reasonably possible to ascertain the person’s whereabouts.



Application, etc., of freezing co-
operation orders.

36. — (1) A freezing co-operation order may apply—
(a) where particular property is specified in the external freezing order, to the property so specified, and
(b) in any other case—
(i) to realisable property held by a specified person, whether the property is described in the freezing co-operation order or not, and

(ii) to any realisable property held by a specified person, being property transferred to the person after the external freezing order was made.

(2) A freezing co-operation order may make such provision as the Court thinks fit for the living expenses and legal expenses of the person possessing the property concerned.
(3) The Court—
(a) may at any time appoint a receiver—



(i) to take possession of any realisable property to which a freezing co- operation order applies, and

(ii) in accordance with the Court’s directions, to manage or otherwise deal with the property, subject to such exceptions and conditions as it may specify,
and
(b) may require any person having possession or control of the property to give up possession of it to the receiver.

(4) Where the Court has made a freezing co-operation order, a member of the Garda Síochána or an officer of customs and excise may seize any realisable property for the purpose of preventing its removal from the State.

(5) Property taken possession of under subsection (4) shall be dealt with in accor- dance with the Court’s directions.


Registration of

37. — (1) Where a freezing co-operation order is made in relation to land, or an

freezing co-opera- order is made varying or discharging such an order, the registrar of the High Court

tion orders.

shall send to the Property Registration Authority a notice of the making of the order, together with a copy of the order.
(2) On receipt of those documents the Authority shall—
(a) if the land is registered land, cause an entry to be made in the register kept by it under the Registration of Deeds and Title Acts 1964 and 2006 inhibiting, until the order is discharged, any dealing with the land and any charge thereon, and

(b) if the order is subsequently varied or discharged, cause the entry to be varied accordingly or cancelled, as the case may be.

(3) If subsection (2)(a) does not apply, the Authority shall cause the notice of the making, variation or discharge of the freezing co-operation order to be registered in the register of deeds maintained by the Authority under section 35 of the Registration of Deeds and Title Act 2006.

(4) Where a freezing co-operation order is made which affects an interest in a company or its property, or an order is made varying or discharging such an order, the registrar of the High Court shall send to the Registrar of Companies a notice of the making of the order, together with a copy of the order.

(5) On receipt of those documents the Registrar of Companies shall, if the company is a registered company, cause the notice to be entered in the Register of Companies and—

(a) if the company is an existing company within the meaning of the Companies Acts 1963 to 2006, send a copy of the notice to each director and the secretary of the company at the company’s registered office, or

(b) in any other case, send a copy of the notice by post to the person resident in the State who has been authorised to accept, on behalf of the company concerned, service of process and any notices required to be served on it.
(6) In this section—
“Register of Companies” means the Register of Companies maintained under the Companies Acts 1963 to 2006;
“registered company” means—
(a) a company formed and registered under those Acts,



(b) an existing company within the meaning of those Acts, or
(c) a company registered under Part XI of the Companies Act 1963 or the European Communities (Branch Disclosure) Regulations 1993 (S.I. No. 395 of 1993).


Exercise of
powers under
this Chapter by High Court or receiver.

38. — (1) The powers of the High Court under section 36 or of a receiver appointed under that section shall be exercised, subject to this section, with a view to making available for recovery property which may become liable to be recovered under any confiscation co-operation order F22[or, in the case of an external confiscation order transmitted by or on behalf of a court in a designated state that is a member state, that external confiscation order] that may be made in the defendant’s case.

(2) The powers shall be exercised with a view to allowing any person, other than the defendant or the recipient of a gift, to retain or recover the value of any property held by the person.

(3) In the case of realisable property held by a person to whom the defendant has directly or indirectly made a gift, the powers shall be exercised with a view to realising no more than the value for the time being of the gift.

(4) In exercising the powers no account shall be taken of any obligations of the defendant or the recipient of any gift that conflict with the obligation to satisfy F23[any order referred to in subsection (1)] that may be made in the defendant’s case.

PART 4
FREEZING, CONFISCATION AND FORFEITURE OF PROPERTY
Chapter 3
Confiscation of Property
Request for
confiscation of

49. — (1) If a confiscation order relates to property in a designated state, the registrar or clerk of the court concerned shall, on request and subject to any conditions

property in desig- 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) If such a confiscation order has not been satisfied, the Director of Public Prose- cutions may send to the Central Authority, for transmission to the competent 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, and

(d) a request that the property concerned be realised and the proceeds applied in accordance with the law of that state.

F27[(2A) Where the Director of Public Prosecutions sends a request to the Central Authority under subsection (2) the Director of Public Prosecutions shall inform the Central Authority—

(a) if there is a risk that the amount that may be realised in pursuance of such a request is greater than the amount ordered to be paid under the confiscation order, stating that there is that risk and requesting that the amount to be realised not exceed the amount specified in the request,

(b) if all or part of the confiscation order has been executed in the State or in another designated state, stating the amount of the proceeds of realisation and requesting that the amount to be realised in the designated state concerned not exceed the difference between the amount specified in the confiscation order and those proceeds of realisation,

(c) if the defendant has made any voluntary payment in respect of the confiscation order after it was transmitted, stating the amount of that voluntary payment and requesting that the amount to be realised in the designated state



concerned not exceed the difference between the amount specified in the confiscation order and the amount paid voluntarily, or
(d) if the confiscation order ceases to be enforceable, stating that fact.]
(3) If—
(a) property is realised in pursuance of such a request, and
(b) the amount realised is less than, or equal to, the amount ordered to be paid under the confiscation order,

the amount so ordered is deemed to be reduced by an amount equal to the proceeds of realisation or, as the case may be, the confiscation order is deemed to be discharged.

(4) In any proceedings a certificate purporting to be issued by a competent authority in the designated state and stating—
(a) that property has been realised pursuant to the request,
(b) the date of realisation, and
(c) the proceeds of realisation,
is admissible, without further proof, as evidence of those matters.

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 6
OTHER FORMS OF ASSISTANCE
Chapter 1
Service of documents
Documents for service outside State.

80. — (1) A document may be issued by a court in the State for the purposes of or in connection with criminal proceedings notwithstanding that the person on whom it is to be served is in another state.

(2) Where the document is not in the official language or one of the official languages of that state, the person at whose request it was issued shall provide the court with a translation of the document, or the material parts of it, into that language or one of those languages, unless subsection (3) applies.



(3) Where such a person believes that the person on whom it is to be served does not understand Irish, English or another language which is the official language or one of the official languages of that state, he or she shall—
(a) inform the court of that belief, and
(b) provide it with a translation of the document, or of the material parts of it, into a language that he or she believes that the person understands.
(4) The document—
(a) if it requires the recipient to appear in proceedings, shall not refer to a penalty for non-appearance, and
(b) shall be accompanied by—
(i) a notice stating that—
(I) no measure of restraint or punishment may be enforced directly by the court in the territory of the other state, and

(II) the person to be served may obtain information regarding his or her rights or obligations concerning the document from the court or a specified person or authority,

(ii) a notice giving any other information required to be given by rules of court, and

(iii) where necessary, a translation of the document, or of the material parts of it, into an appropriate language.

(5) Subject to subsection (6), non-compliance by a person with a requirement specified in the document is not contempt of court or a ground for issuing a warrant to compel the person to attend the proceedings concerned.

(6) Subsection (5) does not apply if the document is subsequently served on the person in the State.

(7) Subject to subsection (9), a person who is in the State in compliance with a requirement in the document to appear as a defendant in criminal proceedings may not be proceeded against, sentenced, detained or otherwise restricted in his or her personal freedom in respect of any offence committed before arriving in the State other than an offence or offences specified in the document.

(8) Subject to subsection (9), a person who is in the State in compliance with a requirement in the document to appear as a witness in criminal proceedings may not be proceeded against, sentenced, detained or otherwise restricted in his or her personal freedom in respect of any offence committed before arriving in the State.
(9) The immunity provided for in subsections (7) and (8) ceases when—
(a) a period of 15 days has elapsed from the date when the person’s presence in the State is no longer required by the court concerned and the person, having had an opportunity to leave the State during that period, has not done so, or
(b) the person, having left the State during that period, returns to it.

PART 6
OTHER FORMS OF ASSISTANCE
CHAPTER 2
Examining objects and sites


Examining objects and sites.

83. — (1) A request for the examination of an object or site in a designated state for the purposes of a criminal investigation or criminal proceedings may be sent by the Director of Public Prosecutions either to the Central Authority for transmission to the appropriate authority in the designated state or directly to that authority.

(2) A request from a designated state for the examination of an object or site for such purposes may be sent by the Minister to the Commissioner of the Garda Síochána to arrange for the request to be complied with.

(3) A request under this section shall include a description of the object or site that is sufficient to enable it to be clearly identified.

(4) Section 74 shall apply and have effect in relation to such a request from a designated state with the modification that, where necessary, a warrant may be issued



under subsection (8) of that section requiring the owner or occupier of the object or site to allow access to it by a member of the Garda Síochána and such other persons as may accompany the member for the purposes of the examination and with any other necessary modifications.
(5) Subsection (4) is without prejudice to section 97.

PART 6
OTHER FORMS OF ASSISTANCE
Chapter 4
Controlled deliveries
Controlled deliv- ery in designated state.

89. — (1) The Competent Authority in the State may request the competent authority in a designated state to permit—
(a) a controlled delivery to be made in that state, and
(b) specified persons or persons of a specified description, including members of the Garda Síochána and officers of customs and excise, to participate in the operations connected with the delivery.

(2) The request shall include particulars of the offence with which the controlled delivery is concerned.