Criminal Justice (Corruption Offences) Act 2018

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Seizure of suspected bribe

20. (1) Subject to subsection (2), a member of the Garda Síochána may seize and detain land, cash or other property that the member has reasonable grounds for suspecting is a gift or consideration used or intended to be used for the purposes of an offence under section 5 , 6 , 7 or 8 (in this Act referred to as “seized property”).

(2) Seized property shall not be detained for more than 72 hours unless its detention for a further period is authorised by an order under subsection (3).

(3) Subject to subsections (4) and (7), a judge of the Circuit Court may, upon application in that behalf, order the continued detention of seized property (including seized property detained pursuant to a previous order under this subsection) for a further period specified in the order, not exceeding 3 months from the date of the order, where he or she is satisfied that—

(a) there are reasonable grounds to suspect that the seized property is a gift or consideration used or intended to be used for the purposes of an offence under section 5 , 6 , 7 or 8 ,

(b) one or more of the following applies:

(i) the origin or derivation of the seized property is being further investigated;

(ii) an application in respect of the seized property under section 21 has been made but not finally determined;

(iii) proceedings have been instituted or consideration is being given to instituting proceedings (whether in the State or elsewhere) against a person for an offence with which the seized property is connected,

and

(c) the further detention of the seized property is justified.

(4) Subject to subsection (5), orders under subsection (3) may not authorise the detention of seized property for periods that, in aggregate, exceed 2 years.

(5) (a) Paragraph (b) applies in the case of seized property in respect of which—

(i) an application under section 21 has been made for the forfeiture of the seized property, or

(ii) proceedings have been brought (whether in the State or elsewhere) against any person for an offence with which the seized property is connected,

before the expiration of the period of 2 years referred to in subsection (4).

(b) Orders under subsection (3) may authorise the detention of seized property for periods after the expiration of the period of 2 years referred to in subsection (4) but may not authorise the detention of seized property for any period after the final determination of the application or the proceedings, as the case may be, referred to in paragraph (a) in respect of the seized property concerned.

(6) An application for an order under subsection (3) may be made by a member of the Garda Síochána.

(7) A judge of the Circuit Court may amend or revoke an order under subsection (3) if he or she is satisfied, on application by the person from whom the seized property concerned was seized or any other person, that its further detention in accordance with the terms of the order is no longer justified.