Revised Laws of Saint Lucia (2021)

PART 7
SEIZURE AND FORFEITURE OF TERRORIST PROPERTY

33.   Power to seize property used in commission of terrorist acts

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    (1)   Where the Commissioner of Police has reasonable grounds to believe that any property has been, is being, or may be used to commit an offence under this Act, he or she may seize the property.

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    (2)   The Commissioner of Police may exercise his or her powers under subsection (1) whether or not any proceedings have been instituted for an offence under this Act in respect of that property.

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    (3)   The Commissioner of Police, shall as soon as practicable after seizing any property under subsection (1), and in any event within 10 days, make an application, ex parte, to a Judge of the High Court for a detention order in respect of that property.

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    (4)   A judge to whom an application is made under subsection (3) shall not make a detention order in respect of the property referred to in the application unless he or she—

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      (a)     has given every person appearing to have an interest in the property a reasonable opportunity of being heard;

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      (b)     has reasonable grounds to believe that the property has been, is being, or may be used to commit an offence under this Act.

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    (5)   Subject to subsection (6), every detention order made under subsection (4) shall be valid for a period of 60 days and may, on application, be renewed by a Judge of the High Court, for a further period of 60 days until such time as the property referred to in the order is produced in court in proceedings for an offence under this Act in respect of that property.

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    (6)   A Judge of the High Court may release any property referred to in a detention order made under subsection (4), if—

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      (a)     he or she no longer has reasonable grounds to believe that the property has been, is being or will be used to commit an offence under this Act; or

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      (b)     no proceedings are instituted in the High Court for an offence under this Act in respect of that property within 6 months of the date of the detention order.

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    (7)   No civil or criminal proceedings shall lie against the Commissioner of Police for a seizure of property, made in good faith, under subsection (1).