[No. 50.]
Pt.3 S.19
Criminal Justice (Theft and Fraud
Offences) Act, 2001.
[2001.]
summary conviction to a fine not exceeding £1,500 or imprisonment
for a term not exceeding 12 months or both.
(3) Subsection (2) shall not have effect unless the person when
required to give the account was told in ordinary language by the
member of the Garda Sı́ochána what the effect of the failure or
refusal might be.
(4) Any information given by a person in compliance with a
requirement under subsection (1) shall not be admissible in evidence
against that person or his or her spouse in any criminal proceedings,
other than proceedings for an offence under subsection (2).
Scope of offences
relating to stolen
property.
20.—(1) The provisions of this Part relating to property which has
been stolen apply—
(a) whether the stealing occurred before or after the commencement of this Act, and
(b) to stealing outside the State if the stealing constituted an
offence where and at the time when the property was
stolen,
and references to stolen property shall be construed accordingly.
(2) For the purposes of those provisions references to stolen property include, in addition to the property originally stolen and parts
of it (whether in their original state or not)—
(a) any property which directly or indirectly represents, or has
at any time represented, the stolen property in the hands
of the person who stole the property as being the proceeds of any disposal or realisation of the whole or part
of the stolen property or of property so representing the
stolen property, and
(b) any property which directly or indirectly represents, or has
at any time represented, the stolen property in the hands
of a handler or possessor of the stolen property or any
part of it as being the proceeds of any disposal or realisation of the whole or part of the stolen property handled
or possessed by him or her or of property so representing
it.
(3) However, property shall not be regarded as having continued
to be stolen property after it has been restored to the person from
whom it was stolen or to other lawful possession or custody, or after
that person and any other person claiming through him or her have
otherwise ceased, as regards that property, to have any right to restitution in respect of the stealing.
Amendment of
section 31 of
Criminal Justice
Act, 1994.
21.—The Criminal Justice Act, 1994, is hereby amended by the
substitution of the following section for section 31 (money laundering, etc.):
‘‘31.—(1) A person is guilty of money laundering if, knowing
or believing that property is or represents the proceeds of criminal conduct or being reckless as to whether it is or represents
such proceeds, the person, without lawful authority or excuse
(the proof of which shall lie on him or her)—
18