Freezing Orders under Section 25 of the Criminal Justice Act 1994 (as amended) – Legal Office Notice 24 November 1994

image_printPrint Page

Section 25 (among other Sections) of the Criminal Justice Act 1994 (No. 15) came into operation on 14.11.1994 under the Criminal Justice Act 1994 Commencement Order SI 324/94.

Where a person has been sentenced by a court in respect of a drug trafficking offence of which he has been convicted and has benefited from the drug trafficking the Court may on the application of the Director of Public Prosecutions determine the amount to be recovered and may make a confiscation order requiring the person concerned to pay that amount.

The confiscation order may be enforced as if it was an order of the High Court and the High Court may prohibit any person from dealing with any realisable property by means of a restraint order.

Where a freezing order is made, the Registrar of the High Court will furnish the Authority with notice of the order pursuant to Section 25 of that Act and thereupon an entry is to be made in the register under the Registration of Title Act 1964 inhibiting, until such time as the order is discharged, any dealing with any registered land or charge which appears to be affected by the order (as in the case of bankruptcy under Section 103 of the Registration of Title Act 1964). Where the order is discharged, the Registrar of the High Court will furnish the Authority with notice to that effect and then the entry of notice of the freezing order is to be cancelled.

Updated 26 May 2014
Fergus Hayden
Deputy Registrar