Emmet Stagg
Question:183 Mr. Stagg asked the Minister for Justice, Equality and Law Reform the offences in respect of which automatic asset enquiry has been introduced at sentence stage; and if he will make a statement on the matter. [15405/01]
Written Answers. - Criminal Justice Act.
I would like to inform the Deputy that under section 4 of the Criminal Justice Act, 1994, as amended by section 25 of the Criminal Justice Act, 1999, where a person has been sentenced or otherwise dealt with by a court for a drug trafficking offence of which he has been convicted on indictment, the court will proceed to determine whether the person has benefited from drug trafficking. The court may decide not to do so if under section 4(2), as amended by the 1999 Act, the judge is satisfied that the amount which might be recovered under any confiscation order would not be sufficient to justify proceeding with consideration of the making of such an order.
Section 9 of the Criminal Justice Act, 1994, provides that a court may make a confiscation order, where a person has been sentenced or otherwise dealt with in respect of a non drug trafficking offence of which the person has been convicted on indictment, on application to the court by the Director of Public Prosecutions. Such an application may be made if it appears to the DPP that the person concerned has benefited from the offence.