Proceeds of crime

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The gard never informed that they would be appying for this order which they are obliged to do so legally, so one can object to such an order.
 
JamesGG said:
This is a hypothethical (It did happen to someone before and yes they were arrested) under section 2 of the drug trafficking act even though there were no drugs etc.
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Er - so it's not a hypothetical situation after all?! :confused:
JamesGG said:
The gard never informed that they would be appying for this order which they are obliged to do so legally, so one can object to such an order.
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Even your thread is dodgy looking. :D

The Guards would have to prove its the proceeds of crime no. A funny walk isn't enough I'd assume.
 
Lot of assumptions going on here, would just like to point out that innocent until proven guilty is still a fundamental part of irish law.

As Aircobra said a funny walk isnt enough, yet they could still hold onto the money for a long period of time. Why?
 
You dont seem to have a clear question.
The Proceeds of Crime Act as amended allows for a Garda or Customs to seize cash where they have "reasonable grounds" to suspect the money is in essence dirty.

They applied for an extention in the District Court to hold it for up to 3 months whilst they make further enquiries and/or consider prosecution. This was granted as you know.

I mean this is all laid down in the legislation.
 
How long is a piece of string?

Discuss.

Well I'll tell you this. It's nowhere defined. Case-law has said that a 'hunch' is not sufficient and that some basis for the suspicion must be shown. It's an objective test which means whether a reasonable man would believe that there existed reasonable cause.

I dont know the circumstances. I doubt you will state them here. You can PM if you wish and I'lll give you my objective opinion but you probably know the answer.
 
JamesGG said:
Lot of assumptions going on here, would just like to point out that innocent until proven guilty is still a fundamental part of irish law.

As Aircobra said a funny walk isnt enough, yet they could still hold onto the money for a long period of time. Why?
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Yes - but your query is very unclear and confusing. You originally said that it was a hypothetical situation, then that it happened to a friend and then that it happened to you. I'm confused. :confused:
 
Doesnt matter not the most helpful bunch round here anyway. Comments like if they sought legal advice they could tell you etc are great. Keep them up. Delete post if you wish.
 
JamesGG said:
Doesnt matter not the most helpful bunch round here anyway. Comments like if they sought legal advice they could tell you etc are great. Keep them up. Delete post if you wish.
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Getting a little defensive now. You sought advice, then became ambiguous and inconsistent. So where did the money really come from?
 
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