Gilligan v. Criminal Assets Bureau [1997] IEHC 106; [1998] 3 IR 185 (26th June, 1997)

Gilligan v. Criminal Assets Bureau [1997] IEHC 106; [1998] 3 IR 185 (26th June, 1997)

The Proceeds of Crime Act, 1996, as challenged, is not unconstitutional. The proceedings under the Act are civil, not criminal, and do not violate the presumption of innocence, the privilege against self-incrimination, or property rights as protected by the Constitution. The Act provides for judicial discretion and fair procedures, and any deprivation of property is justified by the common good. The Act's retrospective application is not punitive but regulatory. The European Convention on Human Rights does not form part of Irish law and cannot be used to declare the Act unconstitutional.

Citation
[1998] 3 IR 185
Parties
Plaintiff: Michael F. Murphy; Defendant: John Gilligan; Defendant: Geraldine Gilligan; Defendant: Tracy Gilligan; Defendant: Darren Gilligan; Defendant: Ireland; Defendant: The Attorney General
Jurisdiction
Ireland
Procedural Posture
Constitutional Challenge (plenary Proceedings) / High Court Judgment
Outcome
Plaintiff's claim dismissed; Act upheld as constitutional.
Legal Topics
Proceeds of Crime, Burden of Proof, Presumption of Innocence, Right to Silence, Self Incrimination, Property Rights, Retrospective Legislation, Fair Procedures, European Convention on Human Rights, European Community Law
Constitutional Law Criminal Law Civil Procedure Human Rights Proceeds of Crime Burden of Proof Presumption of Innocence Right to Silence +6 more

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Parties

Michael F. Murphy

Plaintiff

John Gilligan

Defendant

Geraldine Gilligan

Defendant

Tracy Gilligan

Defendant

Darren Gilligan

Defendant

Ireland

Defendant

The Attorney General

Defendant

Procedural Posture

Constitutional Challenge (plenary Proceedings) / High Court Judgment

Legal Issues

  1. 1 Whether the Proceeds of Crime Act, 1996 (particularly Sections 2, 3, 4, 6, 7, 9) is unconstitutional for violating the right to a fair trial, presumption of innocence, privilege against self-incrimination, property rights, and for retrospective effect; whether the Act breaches European Community Law or the European Convention on Human Rights.

Ratio Decidendi

The Proceeds of Crime Act, 1996, as challenged, is not unconstitutional. The proceedings under the Act are civil, not criminal, and do not violate the presumption of innocence, the privilege against self-incrimination, or property rights as protected by the Constitution. The Act provides for judicial discretion and fair procedures, and any deprivation of property is justified by the common good. The Act's retrospective application is not punitive but regulatory. The European Convention on Human Rights does not form part of Irish law and cannot be used to declare the Act unconstitutional.

Court Disposition

Plaintiff's claim dismissed; Act upheld as constitutional.

Orders

  • Declaration refused; Proceeds of Crime Act, 1996 not unconstitutional.
  • No order as to damages.