Civil Forfeiture in Ireland – A Study on Practitioner Perspectives over the Past Two Decades

• In Event: International CJ Policy and Practice II

Abstract

Civil forfeiture is widely criticised in relation to, for example, the use of civil proceedings to pursue criminal law objectives; the circumventing of enhanced procedural safeguards; and the impact upon the presumption of innocence. To date, there is an extensive literature on the Irish model of civil forfeiture from a doctrinal perspective. However, much less research exists on the operation of civil forfeiture. This paper will discuss the results of a recent Irish study where State officials, barristers, and solicitors were interviewed to gain a wider understanding of how the Proceeds of Crime legislation operates in practice there. Particular focus will be given to the granting of legal aid, the different evidential rules that apply in civil forfeiture proceedings, and the impact of civil forfeiture on organised crime in Ireland.

Author

• Colin King, University of Sussex