Criminals to be stopped from using legal tactics against CAB to keep property
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Criminals will be stopped from using legal tactics to hold onto their property under new a range of powers being rolled out to beef up the Criminal Assets Bureau (CAB).
Justice Minister Simon Harris wants to stop criminals from using vexatious court challenges against CAB as a way of remaining in properties and retaining other assets for lengthy periods.
Under new proposals from Mr Harris, courts will automatically appoint a receiver to a property when a decision is made that an asset is a proceed of crime, pending a final disposal order.
This will mean that a property or asset will be managed by a receiver, and will not be available for use by the person being pursued by the CAB during this period, which currently can last up to seven years.
Mr Harris will tell the annual conference of the Association of Garda Sergeants and Inspectors (AGSI) that this will help deprive criminals continuing to use the proceeds of crime.
The move will be contained in the Proceeds of Crime (Amendment) Bill 2023, which will also include plans to:
- reduce the period that must normally elapse before criminal proceeds may be confiscated following a court decision that an asset is a proceed of crime from seven years to two years.
- grant further powers to CAB to allow it more effectively share information with other State agencies and with law enforcement in other jurisdictions.
- grant anonymity to former non-garda officers and experts such as financial analysts occasionally contracted by the Bureau, when called upon to give evidence at proceeds of crime hearings.
Mr Harris is also expected to use his address at the AGSI conference to strongly criticise Sinn Féin for increasing the risk of aggression towards members of the gardaí through inaccurate and provocative posts on social media.
He will say this is particularly dangerous at a time when assaults on gardaí have increased.
As part of Justice Plan 2023 which Mr Harris will publish later this week, he will ask the Anti-Social Behaviour Forum established under the Department of Justice to review the powers available to An Garda Síochána in relation to public order and anti-social behaviour.
Mr Harris is to outline a number of measures he is taking to support and protect garda members including the rollout of bodycams for An Garda Siochána to begin by the end of the year.
He is also bringing forward legislation to increase the maximum sentence for assaults on members of the gardaí and other emergency service workers to 12 years.
AGSI General Secretary Antoinette Cunningham has previously called for mandatory sentences for assaults on all frontline emergency responders.