[No. 50.]
Pt.3 S.21
Criminal Justice (Theft and Fraud
Offences) Act, 2001.
[2001.]
the person shall be taken to have done the act with that intention unless the court or jury, as the case may be, is satisfied
having regard to all the evidence that there is a reasonable doubt
as to whether the person did it with that intention.
(5) This section does not apply to a person in respect of anything done by the person in connection with the enforcement of
any law.
(6) This Part shall apply whether the criminal conduct in
question occurred before or after the commencement of this
section and whether it was or is attributable to the person first
mentioned in subsection (1) or another.
(7) (a) In this section—
(i) ‘criminal conduct’ means conduct which—
(I) constitutes an indictable offence, or
(II) where the conduct occurs outside the State,
would constitute such an offence if it
occurred within the State and also constitutes an offence under the law of the country or territorial unit in which it occurs,
and includes participation in such conduct;
(ii) ‘reckless’ shall be construed in accordance with
section 16(2) of the Criminal Justice (Theft and
Fraud Offences) Act, 2001;
(iii) references to converting, transferring, handling
or removing any property include references to
the provision of any advice or assistance in
relation to converting, transferring, handling or
removing it;
(iv) references to believing that any property is or
represents the proceeds of criminal conduct
include references to thinking that the property
was probably, or probably represented, such
proceeds;
(v) references to any property representing the proceeds of criminal conduct include references to
the property representing those proceeds in
whole or in part directly or indirectly, and cognate references shall be construed accordingly.
(b) For the purposes of this section a person handles
property if he or she, without a claim of right made
in good faith—
(i) receives it, or
(ii) undertakes or assists in its retention, removal,
disposal or realisation by or for the benefit of
another person, or
(iii) arranges to do any of the things specified in subparagraph (i) or (ii).
(c) For the purposes of paragraph (a)(i)(II)—
(i) a document purporting to be signed by a lawyer
practising in the state or territorial unit in which
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