The Director of Public Prosecutions -v- Humphreys & Ors [2014] IEHC 539 (21 October 2014)

The Director of Public Prosecutions -v- Humphreys & Ors [2014] IEHC 539 (21 October 2014)

The statutory requirement that a forfeiture application be made by motion on notice within the currency of a detention order means that notice must be served on all necessary parties within the time limit; failure to serve Mr Davis within the two-year period rendered the application out of time and deprived the Circuit Court of jurisdiction.

Citation
[2014] IEHC 539
Parties
Applicant/respondent: The Director of Public Prosecutions; Respondent/notice Party: Gerard Alphonsus Humphreys; Respondent/notice Party: Robert Paul Davis; Respondent/notice Party: Pacnet Services (Ireland) Limited (previously known as Pacnet (Services) Europe Limited); Respondent/notice Party: Anona International Traders Limited
Jurisdiction
Ireland
Judgment Date
21 October 2014
Procedural Posture
Circuit Appeal / Appeal Against Circuit Court Order Refusing to Dismiss Forfeiture Application
Outcome
appeal allowed
Legal Topics
Proceeds of Crime, Forfeiture of Cash, Statutory Time Limits, Service of Process, Jurisdiction
Criminal Law Civil Forfeiture Proceeds of Crime Forfeiture of Cash Statutory Time Limits Service of Process Jurisdiction

Case Brief

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Parties

The Director of Public Prosecutions

Applicant/respondent

Gerard Alphonsus Humphreys

Respondent/notice Party

Robert Paul Davis

Respondent/notice Party

Pacnet Services (Ireland) Limited (previously known as Pacnet (Services) Europe Limited)

Respondent/notice Party

Anona International Traders Limited

Respondent/notice Party

Procedural Posture

Circuit Appeal / Appeal Against Circuit Court Order Refusing to Dismiss Forfeiture Application

Legal Issues

  1. 1 Whether the forfeiture application was made within the statutory time limit under s.39 of the Criminal Justice Act, 1994 as amended
  2. 2 Whether service on all necessary parties within the time limit is required for a valid application
  3. 3 Whether defects in service deprived the Circuit Court of jurisdiction

Ratio Decidendi

The statutory requirement that a forfeiture application be made by motion on notice within the currency of a detention order means that notice must be served on all necessary parties within the time limit; failure to serve Mr Davis within the two-year period rendered the application out of time and deprived the Circuit Court of jurisdiction.

Court Disposition

appeal allowed

Orders

  • Circuit Court order refusing to dismiss the forfeiture application is set aside
  • Application for forfeiture is dismissed as out of time