The Court of Appeal ruled that Gardaí could seize cash under proceeds-of-crime legislation even though it had earlier been seized as evidence during a search. The ruling answers legal questions referred by a Circuit Court judge; it does not decide whether the money should be forfeited.
The case concerned €11,505 found at Michael McDermott’s home in Newbridge, County Kildare, during a search on 29 January 2016. Gardaí seized the cash under section 7 of the Criminal Justice Act 2006. A white powder found in the search was later identified as benzocaine, not a controlled drug, and no prosecution followed.
In July 2016, a Garda officer seized the cash from a safe at Pearse Street Garda Station under section 38 of the Criminal Justice Act 1994, which allows cash suspected of representing criminal proceeds to be detained. A Circuit Court application was later brought to forfeit it under section 39 of the 1994 Act.
The respondent argued that the first seizure meant the cash could only be dealt with under the Police Property Act 1897, and that the later seizure under the 1994 Act was not lawful. The Director of Public Prosecutions maintained that the 1994 Act could be used. The Circuit Court judge referred questions of law to the Court of Appeal while adjourning judgment on the forfeiture application.
The Court of Appeal answered that cash seized under section 7 of the 2006 Act is not limited to disposal under the 1897 Act, and that Gardaí may subsequently seize it under section 38 of the 1994 Act. It also answered “No” to whether section 7’s use of “shall” required cash to be dealt with under the 1897 Act whenever no prosecution followed.
The court held that the later seizure grounded the procedures under the 1994 Act and that the 1897 Act concerns disputes over ownership or disposition of property. It rejected objections that the case stated was procedurally out of time or that the Circuit Court judge had already decided the matter. The court said the judge had adjourned his decision and could use its determination when deciding the case.
The ruling resolves the referred questions of law. The source does not state a final decision on the forfeiture application or the ultimate disposal of the cash.