Dermot Ahern (Louth, Fianna Fail)

This amendment inserts a new section to ensure a freezing order imposed by the High Court under section 24 of the Criminal Justice Act 1994 on dealings in property pending the outcome of a trial will in the event of an acquittal remain in place pending the outcome of a with-prejudice prosecution appeal under section 23 of the Bill and any retrial ordered. At present where a person is convicted, freezing orders remain in place until the conviction is set aside on appeal where no retrial or confiscation is ordered or satisfied. It is sensible to provide a corresponding provision in favour of a prosecution in the case of a with-prejudice prosecution appeal under section 23 because otherwise the DPP would lose one of the benefits of the appeal in that the defendant would have the opportunity to dispose of or hide his or her assets in the period between the acquittal and the conclusion of the appeal or retrial. The interpretation of the words "proceedings for an offence are concluded" contained in section 3(16)(f) of the 1994 Act is being amended to provide that it means, inter alia:

[T]he defendant is acquitted on all counts, or

(II) where the provisions of section 23 of the Criminal Procedure Act 2009 apply to the proceedings—

(A) when the time period for an appeal under that section has expired and no appeal has been made,

(B) where an appeal has been made but no re-trial is ordered, at the conclusion of the appeal proceedings under the section, or

(C) where a re-trial has been ordered, at the conclusion of the re-trial[.]

This approach replicates the situation that applies in the case of defence appeals and is necessary to ensure the property concerned is not dissipated.