PART 2
INFORMATION ABOUT FINANCIAL TRANSACTIONS FOR CRIMINAL INVESTIGATION PURPOSES
Account informa- tion order and
account monitor- ing order on foot of request.

17. — (1) On receipt of an authorisation under section 16 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 account information order or account monitoring order or for both of those orders.
(2) The application—
(a) may relate to—
(i) all financial institutions in the State,



(ii) a category or categories of such financial institutions, or
(iii) a particular such financial institution or particular such financial institu- tions,
and
(b) shall be accompanied by a copy of the request concerned and of any supporting or related documents.

(3) The judge may make the order or orders applied for in relation to the financial institution or financial institutions specified in the application if satisfied that—

(a) there are reasonable grounds for believing that an offence under the law of the designated state concerned has been committed,

(b) the person mentioned in the request is the subject of an investigation into the offence,

(c) the request is otherwise in accordance with the relevant international instru- ment, and

(d) there are reasonable grounds for believing that the specified financial institu- tion or financial institutions may have information which is required for the purposes of the investigation.

(4) An order under this section shall contain sufficient information in relation to any account specified in it to enable the account to be identified by the financial institution concerned.

(5) An order under this section has effect notwithstanding any obligation as to secrecy or any other restriction on disclosure imposed by statute or otherwise.

(6) Any information provided by a financial institution in compliance with such an order is not admissible in evidence against it, except in any proceedings for an offence under section 21(1)(b).


Transmission of information
obtained to requesting authority.

18. — Information disclosed by a financial institution in compliance with an account information order or account monitoring order under section 17 shall be transmitted to the requesting authority concerned in accordance with arrangements approved by the Minister.



Requesting
authority to be informed of
possible further investigations.

19. — During the execution of a request under this Part the Commissioner of the Garda Síochána, if of opinion that it may be appropriate to undertake investigations which were not initially foreseen or could not be specified when the request was made, shall inform the requesting authority accordingly.

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

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.

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 6
OTHER FORMS OF ASSISTANCE
Chapter 3
Restitution
Request to State for restitution of stolen property.

85. — (1) This section applies to a request for property obtained by criminal means to be placed at the disposal of the requesting authority with a view to the return of the property to its owner.
(2) The request shall be in writing and shall include or be accompanied by—
(a) a statement that—
(i) a specified person has obtained the property by committing an offence under the law of the requesting state, and

(ii) the return of the property to its owner does not prejudice the rights of any bona fide third parties in relation to it,
and



(b) the following information:
(i) a description of the property;
(ii) its location;
(iii) the name and address of its owner; and
(iv) any other information likely to facilitate compliance with the request.

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

90. — (1) This section applies to a request to the Competent Authority in the State from a competent authority in a designated state to permit—
(a) a controlled delivery to be made in the State, and
(b) specified persons, or persons of a specified description, from the designated state to participate in the operations connected with the controlled delivery.

(2) The request shall include particulars of the offence with which the controlled delivery is concerned.
(3) The Competent Authority in the State may grant the request if satisfied that—
(a) the controlled delivery is being made for the purposes of an investigation into an offence, or



(b) there are reasonable grounds for believing that it is in the public interest, having regard to the benefit likely to accrue to the investigation, to permit the delivery to take place.

(4) The operations related to a controlled delivery shall, if the delivery is concerned with the illegal importation of controlled drugs, be regulated in accordance with—

(a) the Memorandum of Understanding of 12 January 1996 concerning the rela- tionship between the Customs and Excise Service of the Revenue Commission- ers and the Garda Síochána with respect to Drugs Law Enforcement and agreed between the Commissioner of the Garda Síochána and the chairman of the Revenue Commissioners, and

(b) the Operational Protocol for co-operation between An Garda Síochána, the Customs and Excise and the Naval Service in relation to Drugs Law Enforce- ment,

including any modifications or extensions of the Memorandum or Protocol for the time being in force.

(5) If the delivery is concerned with a revenue offence (other than an offence constituted by the illegal importation of controlled drugs), the operations shall be under the direction and control of the officers of customs and excise assigned to the delivery.

(6) If the delivery is concerned with any other offence, the operations shall be under the direction and control of the members of the Garda Síochána so assigned.

(7) A member of the Garda Síochána or officer of customs and excise participating in operations connected with a controlled delivery in the State may, at the request of a person from a designated state so participating, take such action as may be open to the member or officer in furtherance of the operations.

(8) Copies of the Memorandum of Understanding and Operational Protocol have been placed in the Oireachtas Library.

Part 3
Requests by International Criminal Court for Arrest and Surrender of Persons

Section 17.—

(2) The request shall be accompanied by—

(a) as accurate a description as possible of the person whose surrender is requested, together with any other information that will help to establish the person’s identity and probable location,
(b) a brief statement of the facts of the case and their legal characterisation,
(c) the original or a certified copy of the warrant of arrest, and
(d) if the request relates to a person who has been convicted by the Court—

(ii) the original or a certified copy of the judgment of conviction,
(iii) information establishing that the person sought is the person referred to in the judgment, and
(iv) the original or a certified copy of any sentence imposed and, in the case of a sentence of imprisonment, a statement of any period already served and the period remaining to be served.

(3) If the information furnished by the Court is in the Minister’s opinion insufficient, the Minister may request it to supply further information or documents.