chapter  5
38 Pages

Criminal proceedings and confiscation of criminal proceeds

This chapter explores criminal proceedings against transnational organised crime and the confiscation of criminal proceeds generated from them. It begins by examining the use of trial without jury for organised crime offences in both Northern Ireland and the Republic of Ireland. The chapter then considers a range of evidential matters, including disclosure; public interest immunity; evidence gained through the interception of communications; and the use of opinion evidence by Garda officers. It also analyses sentencing for organised crime offences, including a discussion on the efficacy of using sentencing guidelines for organised crime. In addition, the chapter explores both conviction and nonconviction-based confiscation of criminal assets that are commonly utilised in both jurisdictions. Finally, relevant issues in the context of cross-border cooperation, including exchange of evidence, transfer of proceedings and sentenced criminals, will be highlighted.