Holland v. Criminal Assets Bureau [2000] IESC 54 (7th April, 2000)

Holland v. Criminal Assets Bureau [2000] IESC 54 (7th April, 2000)

The Supreme Court found that the applicant had put forward arguable grounds regarding the constitutionality of certain provisions of the Proceeds of Crime Act, 1996, and allowed the appeal to grant liberty to apply for judicial review on those grounds.

Citation
[2000] IESC 54
Parties
Applicant: Applicant (unnamed); Respondent: Criminal Assets Bureau and others
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Appeal From High Court Refusal of Leave
Outcome
Appeal allowed; liberty to apply for judicial review granted.
Legal Topics
Validity of Proceeds of Crime Act 1996, Presumption of Innocence, Retrospective Punishment, Fair Procedures
Constitutional Law Criminal Law Judicial Review Validity of Proceeds of Crime Act 1996 Presumption of Innocence Retrospective Punishment Fair Procedures

Case Brief

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Parties

Applicant (unnamed)

Applicant

Criminal Assets Bureau and others

Respondent

Procedural Posture

Judicial Review / Appeal From High Court Refusal of Leave

Legal Issues

  1. 1 Whether sections of the Proceeds of Crime Act, 1996 are unconstitutional for violating the presumption of innocence under Article 38.1 of the Constitution
  2. 2 Whether the Act imposes retrospective punishment contrary to Article 15.5 of the Constitution
  3. 3 Whether the Act fails to afford fair procedures as required by Articles 40.3 and 34 of the Constitution

Ratio Decidendi

The Supreme Court found that the applicant had put forward arguable grounds regarding the constitutionality of certain provisions of the Proceeds of Crime Act, 1996, and allowed the appeal to grant liberty to apply for judicial review on those grounds.

Court Disposition

Appeal allowed; liberty to apply for judicial review granted.

Orders

  • Applicant granted liberty to apply by way of judicial review for declarations regarding the constitutionality of sections of the Proceeds of Crime Act, 1996.