- (i) an application under section 21 has been made for the forfeiture of the seized property, or
- (ii) proceedings have been brought (whether in the State or elsewhere) against any person for an offence with which the seized property is connected,
- before the expiration of the period of 2 years referred to in subsection (4).
- (b) Orders under subsection (3) may authorise the detention of seized property for periods after the expiration of the period of 2 years referred to in subsection (4) but may not authorise the detention of seized property for any period after the final determination of the application or the proceedings, as the case may be, referred to in paragraph (a) in respect of the seized property concerned.
(6) An application for an order under subsection (3) may be made by a member of the Garda Síochána.
(7) A judge of the Circuit Court may amend or revoke an order under subsection (3) if he or she is satisfied, on application by the person from whom the seized property concerned was seized or any other person, that its further detention in accordance with the terms of the order is no longer justified.
Forfeiture of bribe
21. (1) A judge of the Circuit Court may order seized property to be forfeited if he or she is satisfied, on application made by or on behalf of the Director of Public Prosecutions, that it is a gift or consideration used or intended to be used for the purposes of an offence under section 5, 6, 7 or 8.
(2) An order under subsection (1) may be made whether or not proceedings are brought against a person for an offence with which the gift or consideration concerned is connected.
(3) The standard of proof in proceedings under this section is that applicable in civil proceedings.
Application of sections 40, 41, 42 and 45 of Criminal Justice Act 1994 to seized property
22. Sections 40 (appeal against forfeiture order), 41 (interest on cash detained), 42 (procedure) and 45 (disposal of forfeited cash) of the Criminal Justice Act 1994 shall, with all necessary modifications, apply in relation to cash or any other seized property detained under section 20, or forfeited under section 21, as they apply to cash (within the meaning of Part VI of that Act) detained under section 38, or forfeited under section 39, of that Act.
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