Criminal Justice Act, 1994
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PART II Confiscation | ||
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Confiscation orders: drug trafficking offences. |
4.—(1) Where a person has been sentenced or otherwise dealt with by a court in respect of one or more drug trafficking offences of which he has been convicted on indictment, the Director of Public Prosecutions may make, or cause to be made, an application to the court to determine whether the person convicted has benefited from drug trafficking. | |
(2) An application under subsection (1) of this section may be made at the conclusion of the proceedings at which the person is sentenced or otherwise dealt with or may be made at a later stage. | ||
(3) An application under subsection (1) of this section shall not be made unless it appears to the Director of Public Prosecutions that the person in question has benefited from drug trafficking. | ||
(4) If the court determines that the person in question has benefited from drug trafficking, the court shall determine in accordance with section 6 of this Act the amount to be recovered in his case by virtue of this section and shall make a confiscation order under this section requiring the person concerned to pay that amount. | ||
(5) For the purposes of this Act, a person who has at any time (whether before or after the commencement of this section) received any payment or other reward in connection with drug trafficking carried on by him or another has benefited from drug trafficking. | ||
(6) The standard of proof required to determine any question arising under this Act as to— | ||
(a) whether a person has benefited from drug trafficking, or | ||
(b) the amount to be recovered in his case by virtue of this section, | ||
shall be that applicable in civil proceedings. |