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Mutual Legal Assistance A Guide to Irish Procedures

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					                                  Index
Paragraph                                                                 Page

    1       Introduction                                                         3

    2       Central Authority for Mutual Assistance in Criminal Matters          4

    3       Requests under International Conventions                             6

    4       Authorities from which requests may be received                      7

    5       Form of requests                                                     8

    6       Scope of Irish law on Mutual Legal Assistance                        11

    7       External confiscation and forfeiture orders                          13

    8       Service of process                                                   15

    9       Obtaining evidence in Ireland for use outside Ireland                17

    10      Transfer of prisoner in Ireland to give evidence or assist in an     19
            investigation outside Ireland

    11      Search and Seizure (Search Warrants and Production                   21
            Orders)

    12      Police to police enquiries                                           24

    13      Grounds for refusal of assistance                                    25

    14      Confidentiality of requests                                          26

    15      Irish authorities empowered to make requests                         27
                               Appendices
No.                                                                           Page

 I    European Convention on Mutual Assistance in Criminal Matters and         28
      Additional Protocol - reservations and declarations by Ireland.

II    Council of Europe Convention on Laundering, Search, Seizure and          32
      Confiscation of the Proceeds from Crime - reservations and
      declaration by Ireland

III United Nations Convention against Illicit Traffic in Narcotic Drugs and    33
    Psychotropic Substances - notifications by Ireland under Articles 7
    and 17.2
1.   INTRODUCTION
     This guide is issued by the Department of Justice, Equality and Law
     Reform in its role as Ireland's Central Authority for Mutual Assistance in
     Criminal Matters. It constitutes a general outline of Irish law in relation
     to international judicial cooperation in criminal matters; it does not
     purport to be an interpretation of that law.


     The primary purpose of the guide is to assist authorities abroad (such
     as judicial authorities, prosecuting authorities and central authorities) in
     making requests to Ireland for legal assistance for the purposes of
     criminal investigations or criminal proceedings.



     Copies of the guide in French, German, Italian and Spanish are
     available from the Central Authority. The guide is also available on the
     Department's internet site: http:www.irlgov.ie/justice.


     Separate guidance is available from the Department in relation to
     extradition requests.
2.    CENTRAL AUTHORITY FOR MUTUAL ASSISTANCE IN CRIMINAL
       MATTERS
      All requests for mutual assistance to Ireland, unless they are
       appropriate to police or customs channels, should be sent to:
       The Central Authority for Mutual Assistance
       Department of Justice, Equality and Law Reform
       72-76 St Stephen's Green
       Dublin 2
       Telephone Numbers:          00353 - 1 - 602 8548
                                   00353 - 1 - 602 8605
       Fax Number:                 00353 - 1 - 602 8606
       E-Mail:               mutual@justice.ie
      Messages, queries etc. relayed by fax after normal office hours to the
       Central Authority will be responded to on the following working day. In
       cases of exceptional urgency outside office hours, contact may be
       made through Mobile Phone Number: 00353 87545235.



      Diplomatic channels:
As stated above, the recommended procedure for the making of a request is
by way of direct application to the Central Authority. However, it is open to a
requesting authority alternatively to send the request through diplomatic
channels to the Central authority, if it so wishes, in a case where the request
is being made pursuant to an international convention.


Where a request is being made independently of an international convention,
it should be sent by the requesting authority through diplomatic channels
unless there is specific agreement between the country of the requesting
authority and Ireland for direct transmission of each other's requests.



       Police to police requests:
Where requests for assistance in investigations are exclusively of a police to
police nature they should be addressed either through Interpol channels to
Interpol, Dublin ( police services will be aware of the contact details) or
directly to the Garda Siochana as follows: Assistant Commissioner, Crime
Branch ( Mutual Assistance Section), Garda Headquarters, Phoenix Park,
Dublin 8.
Where requests cover both legal assistance and co-operation of a police to
police nature, they should be sent to the Central Authority, which will co-
ordinate the execution of the requests. Matters which are appropriate to
police channels are set out in paragraph 12.


       Other agencies:
The Central Authority operates in close association with other agencies with
functions in relation to requests for mutual assistance, namely, the Office of
the Attorney General, the Office of the Director of Public Prosecutions, the
Office of the Chief State Solicitor, the Garda Siochana, the Department of
Foreign Affairs and the Courts.
       Requesting authorities should note that neither the Courts nor the
Director of Public Prosecutions –
       (i)    have any investigative functions or

      (ii)   directly execute requests.

      Requests should, therefore, always be sent to the Central Authority (or
through police channels) as indicated above.
3.   REQUESTS UNDER INTERNATIONAL CONVENTIONS

     Ireland is a party to the following Conventions:
     (i)    The Council of Europe Convention on Mutual Assistance in
             Criminal Matters (1959) and its Additional Protocol (1978).
     (ii)    The United Nations Convention Against Illicit Traffic in Narcotic
             Drugs and Psychotropic Substances (1988).
     (iii)   The Council of Europe Convention on Laundering, Search,
             Seizure and Confiscation of the Proceeds from Crime (1990).
     Ireland's declarations, reservations and notifications relating to these
     Conventions are set out in the Appendices I, II and III to this guide.


     Ireland's capacity to give mutual assistance is not necessarily limited to
     countries which are parties to these Conventions. Any requests falling
     outside these Conventions will be considered on an individual basis.
4.   AUTHORITIES FROM WHICH REQUESTS MAY BE RECEIVED
     Requests should be made by a court, tribunal or any other authority
     abroad which has the function of making mutual assistance requests,
     such as Ministries or Departments of Justice, Attorneys General and
     Public Prosecutors. The requesting authority should ensure that it has
     authority under the law of its own country or by arrangement to make
     requests to this jurisdiction.
5.   FORM OF REQUESTS
     (1) Requests to be made in writing: Requests to the Central Authority
     for mutual legal assistance should be in writing and by way of original
     documents. In cases of urgency, advance faxed copies of requests
     may be accepted with an undertaking that the original request will be
     forwarded without delay.
     (2) Language of requests: All requests should be in either Irish or
     English. In cases where requests are translated to Irish or English
     from the language of the requesting authority, a certificate to the effect
     that the request furnished in the Irish/English language is a complete
     and accurate translation of the request should be furnished. Failure to
     do so may result in delay or in the request not being executed.
     (3) Requests to include the fullest information: In general, and subject
     to the requirements of Irish law set out in this guide and any
     requirements of the relevant Convention, requests should contain the
     fullest information, in particular:

     (a)    details of the authority making the request, including the name
            and telephone number of a contact person


     (b)    details of the purpose of the request


     (c)    details of the person or persons named in the request including,
            where available, address, date of birth and nationality


     (d)    a description of the offences charged or under investigation


     (e)    a summary of the facts giving rise to the request


     (f)    relevant dates e.g. date of court hearing ( reason for special
            urgency or attention should be included in the covering letter of
            request)
(g)   a description of evidence sought, including, in the case of bank
      accounts, details of the relevant institution, account numbers
      and account names


(h)   specific information on any property to be searched and/or
      seized and sufficient information to satisfy the requirements
      outlined in paragraph 11


(i)   details and supporting documents in relation to the freezing,
      confiscation or forfeiture of criminal assets


(j)   in the case of service of a summons (or judgement) whether the
      document is to be served by post or personally; a contact point
      so that enquiries can be made regarding allowances and
      expenses by the person who has been asked to appear


(k)   where evidence is to be taken from witnesses or suspects,
      whether it should be evidence on oath taken before a judge (see
      paragraph 12 regarding unsworn statements)


(l)   a list of any specific questions to be put to a witness, if feasible


(m)   where the evidence is to be taken before a court, a certificate
      that an offence under the law of the requesting country in
      question has been committed or that there are reasonable
      grounds for suspecting that such an offence has been
      committed, and either that proceedings in respect of the offence
      have been instituted or that an investigation is being carried out
      (see also paragraph 9)


(n)   whether the requesting country wishes to have persons present
      during the taking of evidence in the proceedings (see also
      paragraph 9)
(o)    in the case of a prisoner required abroad to give evidence or
       assist in an investigation, information to enable the prisoner's
       informed consent to be sought and to satisfy the Irish prison
       authorities that arrangements will be made to ensure his or her
       secure custody. This information will need to include details of
       proposed arrangements for collecting the prisoner from Ireland;
       details of the type of secure accommodation in which he or she
       will be held in the requesting state; the type of escort available
       to and from his/her accommodation; the period during which
       attendance in the requesting state is required; the date on which
       the court or other proceedings for which the prisoner is required
       will commence, and are likely to be concluded and whether he
       or she will be accorded immunity in respect of previous
       offences. Further information regarding the requirements for
       transfer of particular prisoners may be sought by the Irish
       Central Authority.


Failure to provide the fullest information possible may result in delays
or in a request not being executed in whole or in part.


(4) Notification where assistance is no longer required: Should the
requested assistance no longer be required, the Central Authority
should be informed immediately.
6.   SCOPE OF IRISH LAW ON MUTUAL LEGAL ASSISTANCE
     The law enabling Ireland to provide mutual legal assistance to, and to
     seek mutual assistance from, other countries is contained in Part VII of
     the Criminal Justice Act 1994. In brief, the law includes provisions -

     (i)     enabling the enforcement in Ireland of confiscation and forfeiture
             orders made in another jurisdiction (Sections 46, 47 and 48 of
             the 1994 Act)


     (ii)    (a)    empowering the Minister for Justice, Equality and Law
                    Reform to cause any summons or other process issued
                    by a court in another jurisdiction to be served on a person
                    in Ireland to appear as a defendant or attend as a witness
                    in that jurisdiction or to cause any documents recording a
                    decision of a court made in the exercise of that
                    jurisdiction to be served on a person in Ireland (Section
                    49).
             (b)    empowering the Minister for Foreign Affairs to make
                    arrangements to cause any process issued in Ireland to
                    be served outside Ireland (Section 50); the
                    arrangements which have been made provide that, where
                    possible, a process should be transmitted directly
                    between the Irish Central Authority and the Central
                    Authority in the other jurisdiction.


     (iii)   permitting the Minister for Justice, Equality and Law Reform to
             authorise an Irish court to take evidence in connection with
             criminal investigations or proceedings in another jurisdiction
             (Section 51)


     (iv)    permitting the issuing of letters of request for the taking of
             evidence outside the State for use in Ireland (Section 52).
(v)      enabling the Minister for Justice, Equality and Law Reform to
         permit the transfer to another jurisdiction of a person in
         detention in Ireland in order to give evidence in criminal
         proceedings there or to be identified in or otherwise by his/her
         presence to assist such proceedings or the investigation of an
         offence outside Ireland (Section 53)


(vi)     enabling the Minister for Justice, Equality and Law Reform to
         make arrangements for the transfer from another jurisdiction of a
         person in detention outside the State in order to give evidence in
         criminal proceedings in this State or to be identified in or
         otherwise by his/her presence to assist such proceedings or the
         investigation of an offence in Ireland (Section 54)


(vii)    permitting search and seizure of material in the State on behalf
         of another jurisdiction by way of search warrants and production
         orders (Sections 55 and 63)


(viii)   providing for mutual assistance in relation to revenue offences
         (Section 56A)


(ix)     providing for the certification of evidence where necessary.


Specific provisions of Part VII of the Criminal Justice Act, 1994 for
incoming requests for mutual assistance will be applied as set out in
paragraph 7 to 11 following.
7.   EXTERNAL CONFISCATION AND FORFEITURE ORDERS
     Irish law provides that an application may, with the consent of the
     Minister for Justice, Equality and Law Reform, be made to the High
     Court by or on behalf of the Government of a designated country for
     the enforcement of a confiscation or a forfeiture order made in that
     country. The order made abroad can be made enforceable in Ireland
     by way of a corresponding Irish court order (a confiscation co-operation
     order or a forfeiture co-operation order) (Sections 46(1), (2) ; 47 (1),
     (2)).


     The High Court, before making a confiscation co-operation order or a
     forfeiture co-operation order, must
     (a)     be satisfied that the order made in the relevant country is in
             force and not subject to appeal,
     (b)     be satisfied that the person against whom the order was made,
             if he/she did not appear in the proceedings, received notice of
             the proceedings in sufficient time to enable him/her to defend
             them, and
     (c)     be of the opinion that the making of a confiscation or forfeiture
             co-operation order would not be contrary to the interests of
             justice. (Sections 46(3), 47 (2)).



     Provision is made for the admissibility in evidence of a certificate
     signed by or with the authority of the judge of the court which made the
     original order (and of a certified translation) recording the making of the
     order and the giving of any evidence or information in the proceedings
     leading to the making of the order. (Section 48).


     When a court in Ireland makes a confiscation co-operation order, the
     order may be enforced by the Director of Public Prosecutions as if it
     were a judgement of the High Court for the payment to the State of the
     sum specified in the order (Section 19 as modified by 1996
     Regulations).
Provision is also made for the making by the court of a restraint
(freezing) order, on an application by or on behalf of the Government
of a designated country, with the consent of the Minister for Justice,
Equality and Law Reform in anticipation of the making of a confiscation
co-operation order. The effect of a restraint order is to prohibit any
person from dealing with any realisable property, subject to such
conditions and exceptions as may be specified in the order. The court
must be satisfied that proceedings either have been or will be instituted
against a person in the designated country and that a confiscation co-
operation order either has been or is likely to be made.(Section 23 as
modified by 1996 Regulations).

For the purpose of enforcement of a restraint order, provision is made
for the appointment by the High Court of a receiver to take possession
of and manage the property concerned. The Act also empowers a
member of the Garda Siochana to seize any realisable property, which
is subject of a restraint order, to prevent its removal from the State
(Section 24 as modified by 1996 Regulations).

Note
Those countries which are party to the UN Convention against Illicit
Traffic in Narcotic Drugs and Psychotropic Substances and the Council
of Europe Convention on Laundering, Search, Seizure and
Confiscation of the Proceeds from Crime are designated as countries
in whose case orders as above may be made.
8.   SERVICE OF PROCESS
     A summons or other process or document issued by a Court exercising
     criminal jurisdiction received by the Department of Justice, Equality and
     Law Reform will be served by registered post on the person to whom it
     is addressed, except in cases where personal service is requested, in
     which case service will be carried out by the Garda Síochána (police).
     Requesting countries are advised that:
     (i)    A summons or other process requiring a person to attend as a
     defendant in criminal proceedings in another country will not be served
     unless provision is made by the law of that country or by arrangement
     with the appropriate authority thereof that, if the person concerned
     appears as a defendant in compliance with the summons or process,
     he/she will not be proceeded against, detained or otherwise restricted
     in his/her personal freedom in that country in respect of any offences
     committed before his/her departure from the State other than the
     offences specified in the summons or process unless that person –
     (a)    having had for a period of 15 consecutive days from the date of
     his/her final discharge in respect of the specified offences an
     opportunity to leave the country concerned, has not done so, or
     (b)    having left that country, has returned to it (Section 49(4)).


     (ii)   A summons or other process requiring a person to attend as a
            witness in criminal proceedings in another country will not be
            served unless provision is made by the law of that country or by
            arrangement with the appropriate authority thereof that, if the
            person concerned attends as a witness in compliance with the
            summons or process, he/she will not be proceeded against,
            sentenced, detained or otherwise restricted in his/her personal
            freedom in that country in respect of any offences committed
            before his/her departure from the State unless that person-
            (a)    having had for a period of 15 consecutive days from the
                   date when his/her presence is no longer required as a
                   witness in the proceedings concerned an opportunity to
                   leave the country concerned, has not done so, or
(b)     having left that country, has returned to it (Section 49(5)).


(iii)   Accordingly, a request should indicate whether provision as at (i)
        or (ii) above is made by the law of the country concerned;
        alternatively a request should be accompanied by an
        undertaking to the same effect by the appropriate authority of
        that country.


(iv)    The summons or other process requiring a person to attend as a
        witness or defendant in criminal proceedings in another country
        when being served on the person will be accompanied by a
        notice in writing (prepared by the Irish Central Authority) stating
        that
        (a)    there is no obligation under Irish law on the person on
               whom it is served to comply with it
        (b)    under the law of the requesting country or by
               arrangement with the appropriate authority thereof, the
               person summoned is immune from prosecution for
               offences committed before his or her departure from the
               State subject to the exceptions outlined above
        (c)    the person on whom it is served may wish to seek advice
               as to the consequences of his or her failing to comply
               with the process under the law of the requesting country,
               and
        (d)    under the law of the requesting country he or she may
               not, as a witness, be accorded the same rights and
               privileges as would be accorded to him or her in criminal
               proceedings in Ireland.
9.   OBTAINING EVIDENCE IN IRELAND FOR USE OUTSIDE IRELAND                          Irish law provi


     Before assistance can be provided in this regard, the Minister for
     Justice, Equality and Law Reform must be satisfied that -


     (i)     the requesting authority is a court exercising criminal jurisdiction
             or a prosecutor or another authority with the function of making
             requests for mutual assistance (Section 51(1))


     (ii)    an offence under the law of the requesting State has been
             committed, or that there are reasonable grounds for suspecting
             that such an offence has been committed, and


     (iii)   proceedings in respect of that offence have been instituted in the
             requesting country or that an investigation is being carried on
             there (Section 51(2)).
     A certificate should be provided by the court or other authority
     forwarding the request to enable the Minister to be satisfied as to the
     requirements at (ii) and (iii) (Section 51(3)).



     It is also necessary for the request to include written confirmation that
     provision is made by the law of that country that any evidence that may
     be furnished in response to the request will not, without the consent of
     the Minister, be used for any purpose other than that specified in the
     request. If there is no such provision in law, it is sufficient that the
     appropriate authority of the country gives a commitment that no such
     other use will be made of the evidence furnished (Section 51(4)).



     In taking evidence, the Irish law on privilege will apply. In addition, if a
     person from whom evidence is being taken claims privilege under the
     law applicable in the requesting country, the evidence will not be taken
     if that authority concedes the claim. If the claim is not so conceded,
the evidence may be taken but will not be transmitted if a court in the
requesting State, on the matter being referred to it, upholds the claim
(Second Schedule to the Criminal Justice Act, 1994).



Attendance at proceedings: Judges, magistrates, public prosecutors,
police officers and other interested parties of the requesting State will
normally be permitted to be present when the evidence is being taken.
Such persons are not permitted to question a witness but may suggest
to the Minister's legal representative at the hearing questions
(additional to those set out in the request) which they wish to have put
to a witness. Should such persons wish to be present, they should be
named in the request for assistance to the Central Authority. The
attendance of police officers of the requesting State will be subject to
the approval of the Commissioner, Garda Siochana.


If a requesting authority requires the evidence to be accompanied by a
certificate, affidavit or other verifying document this should be stated in
the request (Second Schedule to the Criminal Justice Act, 1994).
10.   TRANSFER OF A PRISONER IN IRELAND TO GIVE EVIDENCE OR
      ASSIST IN AN INVESTIGATION OUTSIDE IRELAND
      The Minister for Justice, Equality and Law Reform may issue a warrant
      authorising the transfer to another jurisdiction of a prisoner in Ireland
      for the purpose of -

1     (a)    giving evidence in criminal proceedings, or

      (b)    being identified in or otherwise by his or her presence assisting
             such proceedings or the investigation of an offence (Section
             53(1)) .


      Prisoners must give their consent to the transfer. The Central Authority
      will make enquiries as to whether the prisoner is willing to attend but no
      compulsion can be applied.


      The effect of the warrant is to authorise -
      (a)    the taking of the prisoner to a place of departure in Ireland and
             his/her delivery into the custody of a person representing the
             appropriate authority of the country to which the prisoner is to be
             transferred, and


      (b)    the bringing of the prisoner back to Ireland and his/her transfer in
             custody to the place where he/she is liable to be detained under
             the sentence to which he/she is subject (Section 53(3)).


      The requesting authority will need to provide the Central Authority with
      details in advance of the arrangements for the return of the prisoner to
      safe custody in Ireland.


      Irish law requires that provision must be made by the law of the
      requesting country, or by arrangement with the appropriate authority,
      that a prisoner will not be proceeded against, sentenced, detained or
      subjected to any other restrictions on his/her personal freedom in
      respect of any offence under the law of the requesting country or
territory committed before his/her departure from Ireland (Section
53(4)). A requesting authority, therefore, when making the request
should indicate whether such provision is made in its law or
alternatively furnish an undertaking in this regard from the appropriate
authority.
11.   SEARCH AND SEIZURE (Search Warrants and Production Orders).
      Search warrants: Irish law provides for the issue by an Irish court of a
      search warrant (authorising entry, search and seizure) to obtain
      evidence for use in criminal investigations abroad. Application for such
      a warrant is made in pursuance of a direction given by the Minister for
      Justice, Equality and Law Reform in response to a request received
      from the Government of a designated country or a person acting on the
      authority of such Government and made -
      (a)    on behalf of a court exercising criminal jurisdiction in the
             requesting country or a prosecuting authority in that country, or


      (b)    on behalf of any other authority in that country which appears to
             the Minister to be an appropriate authority for the purpose of
             making requests for mutual assistance (Section 55(4)).



      Essentially, the same powers are available to an Irish court in such
      cases as are available in purely domestic cases.


      The court must be satisfied that:-
      (i)    there are reasonable grounds for believing that an offence under
             the law of the requesting country has been committed, and
      (ii)   the conduct constituting that offence would, if it occurred in
             Ireland, constitute an offence under Irish law in respect of which
             the court could issue a search warrant in relation to any place.
             (Section 55(3)).



      It is important, therefore, that the requesting country gives sufficient
      information about the offence under investigation to enable an Irish
      court to be satisfied that these criteria are met.
If the requesting country requires the evidence seized or obtained to be
accompanied by any certificate, affidavit or other verifying document
this should be stated in the request (Section 55(5)).
It is also necessary for a requesting State to confirm that provision is
made in its law that any evidence provided will not, without the consent
of the Minister for Justice, Equality and Law Reform be used for any
other purpose than that specified in the request. If there is no such
provision in law, it is sufficient that the requesting State gives a
commitment that no such other use will be made of the evidence
furnished in response to a request (Section 55(10)).


The requesting country must also undertake to return the evidence to
the Minister for Justice, Equality and Law Reform when it is no longer
required for the requested purpose (unless the Minister indicates that
the evidence need not be returned). The request should specify the
authority to which the evidence should be transmitted (Section 55(10)).


Production Orders: Irish law also provides that a member of the
Garda
Siochana, pursuant to a direction given by the Minister for Justice,
Equality and Law Reform, may apply on behalf of a requesting
authority (as mentioned above) for an order for the production of any
relevant material

(e.g. documentary evidence) or access to it. The application must be
for the purpose of an investigation into drug trafficking or money
laundering or an investigation into whether a person has benefited from
drug trafficking or some other serious offence (Sections 55(2) and 63).


The documents must be likely to be of substantial value to the
investigation, they must not be subject to legal privilege and it must be
in the public interest that they be produced, having regard to the likely
benefit to the investigation and the circumstances under which the
person in possession of the documents holds them (Sections 55(2) and
63(4)).


The requirements mentioned above in relation to the use of and return
of the evidence obtained by way of search warrant also apply in
relation to evidence obtained by way of production order (Sections
55(2) and 55(10)).


Note
Those countries which are party to the Council of Europe Convention
on Mutual Assistance in Criminal Matters, the UN Convention against
Illicit Traffic in Narcotic Drugs and Psychotropic Substances, and the
Council of Europe Convention on Laundering, Search, Seizure and
Confiscation of the Proceeds from Crime, have been designated for the
purpose of making requests for the search and seizure of evidence.
12.   POLICE TO POLICE ENQUIRIES
      Some requests for assistance in investigations can be executed
      exclusively on the basis of police to police co-operation. The forms of
      co-operation which can be obtained through police channels include
      interviewing witnesses or suspects in criminal investigations where the
      person to be interviewed is willing to co-operate and provide an
      unsworn statement,


      -     sharing information concerning investigations into offences
            which have been committed in Ireland, where circumstances
            permit,


      -     providing details of previous convictions,


      -     providing details of motor vehicles registered in Ireland,


      -     providing details of driving licences issued in Ireland and


      -     obtaining medical or dental statements or records where the
            patient has given written consent.
13.   GROUNDS FOR REFUSAL OF ASSISTANCE
      The Central Authority provides all possible assistance to a requesting
      party so that effect may be given to a request. Cases of refusal are
      expected to be rare but could arise in circumstances as follows.
      Refusal may be made on political, security or national interest grounds,
      but may also be unavoidable in certain other cases. For example, in
      some instances evidence may not be taken or passed on where a
      witness has made a substantiated claim to privilege, or a request for
      search and seizure of evidence may be refused if the circumstances of
      the case do not satisfy the requirements for the exercise of the power
      contained in Irish law. In addition it may not be possible to provide
      assistance in relation to overseas proceedings where those
      proceedings may result in double jeopardy for the accused (e.g. retrial
      for an offence for which he or she has already been tried in Ireland or
      elsewhere). In the case of requests for the transfer of prisoners,
      assistance may be refused or delayed if the prisoner is unwilling to co-
      operate or is very near the date of his/her release in Ireland or is
      required for proceedings in Ireland.


      More generally, the rule is that assistance cannot be granted where
      execution of the request would be contrary to the Irish Constitution,
      other Irish law or established practice.



      In appropriate cases, requesting authorities will be invited to modify the
      request so that assistance may be provided.
14.   CONFIDENTIALITY OF REQUESTS
      The contents of a letter of request or the fact that it has been made will
      not normally be disclosed outside Government Departments, the Garda
      Siochana, the Courts or other official bodies in Ireland concerned with
      the execution of the request. Wider disclosure may be necessary,
      however, when evidence is being obtained or used in proceedings.


      If confidentiality requirements make it difficult or impossible to execute
      a request, the requesting authority will be consulted by the Central
      Authority.
15.   IRISH AUTHORITIES EMPOWERED TO MAKE REQUESTS
      (i)     Designated Authorities
      The following courts and authorities have been designated as
      competent to make mutual assistance requests: the District Court, the
      Circuit Court, the High Court, a Special Criminal Court, the Court of
      Criminal Appeal, the Supreme Court, the Attorney General of Ireland,
      the Director of Public Prosecutions and the Chief State Solicitor.
      (ii)    Onward Transmission of Requests
      Requests from these courts and authorities will in the normal course be
      passed to the Central Authority for onward transmission to courts and
      authorities abroad, or where a State is unwilling to accept requests
      directly from the Central Authority, for transmission through diplomatic
      channels.
      (iii)   Urgent Irish Requests Addressed to Courts or Tribunals
      Section 52 of the Criminal Justice Act, 1994 authorises the courts and
      authorities listed above to make requests for the obtaining of evidence
      directly to a court or tribunal abroad in cases of urgency.
      (iv)    Limitation regarding the use of Evidence by the Irish
      Authorities
      Section 52 of the Criminal Justice Act, 1994 provides that any evidence
      obtained by virtue of a letter of request, may not, without the consent of
      the requested authority, be used for any purpose other than that
      specified in the request.
                            Appendix 1


European Convention on Mutual Assistance in Criminal Matters


                           Reservations


 Article 2
 The Government of Ireland reserves the right to refuse assistance if
 criminal proceedings have been instituted or concluded in Ireland or in
 a third State against a person who is the subject of the request for
 assistance in respect of the same conduct as that giving rise to
 proceedings in the requesting State in respect of that person.


 The Government of Ireland reserves the right to make the supply of any
 material or evidence, in response to a request for assistance, subject to
 the condition that such material or evidence shall not, without its
 consent, be used for a purpose that was not specified in the request.


 Article 3
 The Government of Ireland reserves the right not to take the evidence
 of witnesses or require the production of records or documents where
 its law recognises in relation thereto privilege, non-compellability or
 other exemption from giving evidence.


 Article 11(2)
 The Government of Ireland is unable to grant requests made under
 Article 11, paragraph 2 for a person in custody to transit through its
 territory.


 Article 21
 The Government of Ireland reserves the right not to apply Article 21.
Article 22
The Government of Ireland will not notify criminal convictions or
subsequent measures under Article 22 except insofar as the
organisation of its judicial records allows of so doing.




                           Declarations


Article 5(1)
The Government of Ireland reserves the right to make the execution of
letters rogatory for search and seizure of property dependent on the
following conditions:
(a)   that the offence motivating the letters rogatory is punishable
      under both the law of the requesting Party and Irish law; and
(b)   that execution of the letters rogatory is consistent with Irish law.


Article 15(1)
In respect of the Government of Ireland, references to the "Ministry of
Justice" for the purposes of Article 11, paragraph 2, Article 15,
paragraphs 1,3 and 6, Article 21, paragraph 1 and Article 22 are to the
Department of Justice, Equality and Law Reform.



Article 15(6)
In accordance with Article 15, paragraph 6, the Government of Ireland
gives notice that requests for assistance under the Convention should
be sent to the Department of Justice, Equality and Law Reform.


Article 16(2)
In accordance with Article 16, paragraph 2, the Government of Ireland
of Ireland reserves the right to stipulate that requests and annexed
documents shall be addressed to it accompanied by translations into
either Irish or English.
Article 24
In accordance with Article 24, for the purposes of the Convention, the
Government of Ireland deems the following to be judicial authorities:
the District Court
the Circuit Court
the High Court
a Special Criminal Court
the Court of Criminal Appeal
the Supreme Court
the Attorney General of Ireland
the Director of Public Prosecutions
the Chief State Solicitor
The Additional Protocol to the European Convention on Mutual
                     Assistance in Criminal Matters


                            Declaration


 Article 8(2)
 In accordance with Article 8, paragraph 2, the Government of Ireland
 reserves the right not to accept Chapters II and III.
                              Appendix II


Council of Europe Convention on Laundering, Search, Seizure and
                  Confiscation of the Proceeds from Crime


                             Reservations
  Article 2(2)
  In accordance with Article 2, paragraph 2 Ireland declares that Article 2,
   paragraph 1 shall apply only to drug trafficking offences as defined in
   its domestic legislation and other offences triable on indictment.


  In accordance with Article 14, paragraph 3 Ireland declares that Article
   14, paragraph 2 shall apply only subject to the constitutional principles
   and the basic concepts of its legal system.


  Article 21(2)
  In accordance with Article 21, paragraph 2 Ireland declares that judicial
   documents should be served only through its central authority.


  Article 25(3)
  In accordance with Article 25, paragraph 3 Ireland declares that it
   reserves the right to require that requests made to it and documents
   supporting such requests be accompanied by a translation into Irish or
   English.

                              Declaration


  Article 23(1)
  The central authority of Ireland designated in pursuance of Article 23,
   paragraph 1 is the Department of Justice, Equality and Law Reform,
   72-76 St. Stephen's Green, Dublin 2.
                                      Appendix III




 Notifications under Articles 7 and 17 of the United Nations Convention
              against Illicit Traffic in Narcotic Drugs and Psychotropic
                                          Substances.




       Article 7, paragraph 8


       The authority designated by Ireland under Article 7, paragraph 8 is the
        Department of Justice, Equality and Law Reform, 72-76 St. Stephen's
        Green, Dublin 2.


       Article 7, paragraph 9


       The languages which are acceptable to Ireland for the purposes of
        Article 7,
       paragraph 9 are Irish and English.


       Articles 17, paragraph 7


        The authority designated by Ireland under Articles 17, paragraph 7 is the Department
of Foreign Affairs, 80 St. Stephen's Green, Dublin 2.

				
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