Rules of the Superior Courts (Criminal Justice (Mutual Assistance) Act 2008) 2010.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: The Rules of the Superior Courts are amended:
(i) by the substitution for the title of Order 136 of the following:
“Order 136
Proceeds of Crime
Financing of Terrorism
Criminal Justice (Mutual Assistance)”;
(ii) by the substitution for rule 10 of Order 136 of the following:
“10. (1) A notice required under sub-section (1), (2), (3), (4), (5) or (6) of section 10 of the Principal Act to be given by the Registrar of the Court to the Property Registration Authority shall be given by the transmission by the Registrar of the Court to the Property Registration Authority of an attested copy of the relevant order of the Court.
(2) A notice required under sub-section (7), (8) or (9) of section 10 of the Principal Act to be given by the Registrar of the Court to the Registrar of Companies shall be given by the transmission by the Registrar of the Court to the Registrar of Companies of an attested copy of the relevant order of the Court.”;
(iii) by the substitution for the title preceding rule 18, and rules 18, 19, 20 and 21 of Order 136, of the following:
“Freezing orders under section 24 of the Act of 1994 and related orders
18. (1) An application by the Director of Public Prosecutions for a freezing order under section 24 of the Act of 1994 shall be made by originating motion ex parte. The said originating motion shall be entitled:
“The High Court
In the Matter of an Application under section 24 of the Criminal Justice Act 1994 ”.
(2) Such application shall be grounded upon an affidavit sworn by or on behalf of the Director of Public Prosecutions.
(3) On the hearing of any such application, the Court may give such directions as seem appropriate
(a) as to the service of copies of the originating notice of motion, affidavit and any exhibits thereto on any person appearing to the Court likely to be affected by the making of a freezing order;
(b) as to the service of copies of those documents by substituted or other service or for the substitution for the service of notice by advertisement or otherwise in accordance with Order 10;
(c) as to the service of any document outside the jurisdiction in accordance with Order 11.
19. Where a freezing order is made, the Court shall give such directions as seem appropriate, which shall be recited in the order, as to service of copies of the order upon, or the giving of notice of the making and contents of the order to, any person appearing to the Court likely to be affected by the making of the freezing order.
20. (1) An application to the Court
(a) under section 24(5) of the Act of 1994 by any person affected by a freezing order to discharge or vary that freezing order in relation to any property, or
(b) under section 24(10) of the Act of 1994 for the Court’s directions as to any dealing in property seized under section 24(9) of that Act
shall be made by motion on notice in the proceedings commenced by the originating notice of motion referred to in rule 18, and shall be grounded upon an affidavit or affidavits sworn by or on behalf of the moving party. Notice of such application shall be given by delivering copies of the notice of motion and of any grounding affidavit and any exhibits thereto to the Director of Public Prosecutions or (as the case may be) the person or persons affected by the freezing order not later than four clear days before the return date for the motion.
(2) An application under section 24(7) of the Act of 1994 to appoint a receiver may be made by motion ex parte in the proceedings commenced by the originating notice of motion referred to in rule 18, grounded upon an affidavit sworn by or on behalf of the applicant. In addition to any other order which may be made on the hearing of the motion, the Court may direct the service of notice of the application upon, or the delivery of copies of the notice of motion and affidavit(s) to, such other person or persons as it considers appropriate.
21. (1) A notice required under sub-section (1), (2), (3), (4), (5) or (6) of section 25 of the Act of 1994 to be given by the Registrar of the Court to the Property Registration Authority shall be given by the transmission by the Registrar of the Court to the Property Registration Authority of an attested copy of the relevant order of the Court.
(2) A notice required under sub-section (7), (8) or (9) of section 25 of the Act of 1994 to be given by the Registrar of the Court to the Registrar of Companies shall be given by the transmission by the Registrar of the Court to the Registrar of Companies of an attested copy of the relevant order of the Court.”;
(iv) by the deletion from Order 136 of rule 24;
(v) by the substitution for Part V of Order 136 of the following:
“V. Proceedings under the Criminal Justice (Mutual Assistance) Act 2008
33. In Part V (comprising rules 33 to 47 inclusive) of this Order:—
“the Act of 2008” means the Criminal Justice (Mutual Assistance) Act 2008 ;
unless the context otherwise requires, words and phrases have the same meaning as in the Act of 2008;
any reference to a section shall, unless the context otherwise requires, be deemed to be a reference to a section of the Act of 2008.
Orders under sections 13 and 17
34. (1) An application by a member of the Garda SÃ­ochÃ¡na not below the rank of inspector for an account information order or for an account monitoring order under section 13 or section 17 or for both such orders shall be made by originating motion ex parte. The originating motion shall be entitled:
“The High Court
In the Matter of section 13 [or section 17, as the case may be] of the Criminal Justice (Mutual Assistance) Act 2008
and in the Matter of an application for an account information order and/or an account monitoring order affecting an account in the name of [C.D.]
On the Application of [A.B.]”.
(2) The application shall be grounded upon an affidavit sworn by or on behalf of the applicant exhibiting, in the case of an application under section 17, a copy of the request and the other documents (if any) referred to in section 17(2)(b) and exhibiting, or containing an averment as to, the authorisation of the applicant under section 16 to make the application.
(3) Notwithstanding sub-rule (2) and subject to section 17(2)(b), the Court may, in cases of urgency, hear the application on oral evidence.
(4) On the hearing of an application for an order under section 13 or section 17, the Court may give such directions as seem appropriate as to the giving of notice of the making of the order to any financial institution.
35. (1) An application under section 20 to vary or discharge an order made under section 13 or section 17 shall be made by notice of motion in the proceedings commenced by the originating notice of motion referred to in rule 34, and shall be grounded upon an affidavit sworn by or on behalf of the moving party. The notice of motion and grounding affidavit shall be lodged in the Central Office, and notice of such application shall be given by delivering copies of the said notice of motion and of any grounding affidavit and any exhibits thereto to the applicant for the original order or to the financial institution affected (as the case may be), not later than four clear days (or, in cases of urgency, such lesser period as the Court may allow) before the return date for the motion.
(2) Where an application under section 20 to vary or discharge an order made under section 13 or section 17 is made by a financial institution affected, it shall not be necessary to give notice of such application to any other financial institution affected by the same order.
(3) Where an application is made under section 20 to vary or discharge an order made under section 17, the Central Authority shall arrange for the competent authority in the designated state to be notified in accordance with section 20(2)(a) by sending to that competent authority, where possible by electronic mail or facsimile, or otherwise by registered prepaid post, copies of the notice of motion, the grounding affidavit and any exhibits. The competent authority may submit any arguments that it deems necessary on the hearing of the application through the applicant for the order under section 17.
(4) The competent authority in the designated state concerned shall be notified for the purposes of section 20(2)(b) of the outcome of the application by the transmission to it, in the manner provided in sub-rule (3), by the Central Authority of a copy of any order of the Court made on the application.
Orders under sections 32, 35 and 47(3)
36. (1) An application for a freezing order under section 32 or a freezing co-operation order under section 35 shall be made by originating motion ex parte. The said originating notice of motion shall be entitled:
“The High Court
In the Matter of section 32 [or section 35, as the case may be] of the Criminal Justice (Mutual Assistance) Act 2008
and in the Matter of an application for a freezing order [or a freezing co-operation order, as the case may be] in respect of property at [E.] [and] [or] alleged to be in the possession or control of [C.D.]
On the Application of [A.B.]”.
(2) Where it is necessary to make an application for a freezing co-operation order under section 47(3), such application may be made by motion ex parte entitled as in the application made under section 35.
(3) An application under section 32 or 35, or to which sub-rule (2) applies, shall be grounded upon an affidavit sworn by or on behalf of the applicant. Where an application to which sub-rule (2) applies is made, the applicant may rely on any affidavit grounding the application made under section 35 and on any supplemental affidavit.
(4) Notwithstanding sub-rule (3) and subject, in the case of an application under section 35, to sub-section (2) of that section, the Court may, in cases of urgency, hear an application under section 32 or section 35, or to which sub-rule (2) applies, on oral evidence.