[2001.]
Criminal Justice (Theft and Fraud
Offences) Act, 2001.
[No. 50.]
is guilty of an offence and is liable on summary conviction to a fine Pt.7 S.49
not exceeding £500 or imprisonment for a term not exceeding 6
months or both.
(2) A member of the Garda Sı́ochána may arrest without warrant
any person who is committing an offence under this section or whom
the member suspects, with reasonable cause, of having done so.
50.—(1) This section applies to any thing which has been seized
by a member of the Garda Sı́ochána (whether the seizure was
effected by virtue of a warrant under section 48 or otherwise) and
which the member suspects to be—
Forfeiture of seized
property.
(a) any thing used (whether before or after the commencement
of this section), or intended to be used, for the making of
any false instrument, or any copy of a false instrument,
in contravention of section 25 or 27 respectively,
(b) any false instrument or any copy of a false instrument used
(whether before or after the commencement of this
section), or intended to be so used, in contravention of
section 26 or 28 respectively,
(c) any thing the custody or control of which, without lawful
authority or excuse, is an offence under section 29,
(d) any thing which is a counterfeit of a currency note or coin,
(e) any thing used, whether before or after the commencement
of this section, or intended to be used, for the making of
any such counterfeit.
(2) A member of the Garda Sı́ochána may, at any time after the
seizure of any thing to which this section applies, apply to the judge
of the District Court for the time being assigned to the district in
which the seizure was effected for an order under this subsection
with respect to it; and the judge may, if satisfied both that the thing
is one to which this section applies and that it is in the public interest
to do so, subject to subsection (4), make such order as the judge
thinks fit for its forfeiture and subsequent destruction or disposal.
(3) Subject to subsection (4), the court by or before which a person is convicted of an offence under Part 4 or 5 may order any thing
shown to the satisfaction of the court to relate to the offence to be
forfeited and either destroyed or dealt with in such other manner as
the court may order.
(4) The court shall not order any thing to be forfeited under subsection (3) or (4) where a person claiming to be the owner of or
otherwise interested in it applies to be heard by the court, unless an
opportunity has been given to the person to show cause why the
order should not be made.
51.—(1) Any person who—
(a) knows or suspects that an investigation by the Garda Sı́ochána into an offence under this Act is being or is likely to
be carried out, and
(b) falsifies, conceals, destroys or otherwise disposes of a document or record which he or she knows or suspects is or
37
Concealing facts
disclosed by
documents.