Revised Laws of Saint Lucia (2021)

38.   Forfeiture

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    (1)   Subject to subsection (6), where a person is convicted of an offence under this Act other than a drug trafficking offence, the court shall order forfeiture to the Government of Saint Lucia of any opium pipe or other article or the controlled drug in respect of which the offence was committed and all receptacles of any kind whatsoever found containing the controlled drug and any ship, vessel, boat, aircraft, vehicle or other means of conveyance of any description, proved to have contained the opium pipe or other article or controlled drug or anything shown to the satisfaction of the court to relate to the offence.

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    (2)   Without prejudice to subsection (1), where a person is convicted of a drug trafficking offence the court shall in passing sentence order forfeiture to the Government of Saint Lucia of—

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      (a)     any article relating to the offence;

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      (b)     any money relating to the offence; or

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      (c)     any valuable consideration relating to the offence.

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    (3)   Forfeiture shall extend—

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      (a)     to any property which there is reason to believe has been obtained from the proceeds of anything relating to the offence for which a person is convicted under this Act or to a conspiracy to commit any such offence; or

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      (b)     to any thing into which any such property has been converted.

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    (4)   Subject to subsection (5) forfeiture under this section may be applied to the treatment and rehabilitation of persons addicted (within the meaning of the regulations) to controlled drugs of any description.

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    (5)   Controlled drugs forfeited under this section shall be delivered to the Commissioner of Police for immediate disposal.

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    (6)   Before making an order for forfeiture under this section the Court shall summon any person who is the owner or agent of any article, vehicle or other means of conveyance to show cause why the article, ship, vessel boat, aircraft, vehicle, or other means of conveyance should not be forfeited.

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    (Amended by Act 8 of 1993)