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Revised Laws of Saint Lucia (2023)

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PART 2
FORFEITURE ORDERS, CONFISCATION ORDERS
AND RELATED MATTERS

General

PART 2 FORFEITURE ORDERS, CONFISCATION ORDERS AND RELATED MATTERS

PART 1 PRELIMINARY

2. Interpretation

3. Definition of certain terms

4. Application for forfeiture order or confiscation order on conviction

5. Notice of application

6. Amendment of application

7. Procedure on application

8. Application for in rem forfeiture order on abscondence

9. Forfeiture order on conviction

10. Effect of forfeiture order

11. Voidable transfers

12. Protection of third parties

13. Discharge of forfeiture order on appeal and quashing of conviction

14. Payment instead of forfeiture order

15. Application of procedure for enforcing fines

16. Forfeiture order on abscondence

17. Confiscation order on conviction

18. Rules for determining benefit and assessing value

19. Statements relating to benefits from commission of Criminal Conduct (Amended by Act 4 of 2010)

20. Amount to be recovered under confiscation order

21. Variation of confiscation orders

21A. Time for payment under a confiscation order

21B. Interest on amount unpaid under a confiscation order

21C. Considerations of the Court after making a confiscation order

21D. Court may order payment by a person through a financial institution

21E. Variation of order where amount available to defendant is inadequate

21F. Discharge of a confiscation order

22. Court may lift corporate veil

23. Enforcement of confiscation orders

PART 2A CIVIL RECOVERY

(Inserted by Act 18 of 2023)

23A. Civil recovery: General

23B. Parallel proceedings against a person

23C. Supreme Court Rules

23D. Standard of proof in civil recovery

23E. Following recoverable property

23F. Tracing property

23G. Mixing property

23H. Recoverable property accruing profits

23I. Granting interests

23J. Exceptions relating to recoverable property

23K. Application for property freezing order

23L. Effect of a property freezing order

23M. Varying and setting aside a property freezing order

23N. Stay of proceedings relating to a property freezing order

23O. Appointment of receiver relating to a property freezing order

23P. Directions of the Court with respect to the functions of a receiver relating to a property freezing order

23Q. Powers of receiver relating to a property freezing order

23R. Varying and setting aside the appointment, powers and functions of a receiver relating to a property freezing order

23S. Receiving order

23T. Reporting requirement for a receiver relating to a receiving order

23U. Prohibition or restriction on land, lease or charge relating to a property freezing order

23V. Application for an in rem recovery order

23W. Making an in rem recovery order

23X. Agreements with respect to associated property and joint property

23Y. Default of agreement with respect to associated property and joint property

23Z. Limitation on instituting proceedings for an in rem recovery order

23AA. Appointment of trustee relating to an in rem recovery order

23BB. Functions of a trustee relating to an in rem recovery order

23CC. Right of pre-emption and other similar rights

23DD. Stay of proceedings relating to an in rem recovery order

23EE. Application of realized proceeds relating to an in rem recovery order

23FF. Application for declaration relating to an in rem recovery order

23GG. Enforcement abroad before an in rem recovery order

23HH. Enforcement abroad after an in rem recovery order

23II. Compensation order relating to a property freezing order or a receiving order

23JJ. Appeal to the court after an in rem recovery order

PART 3 PROVISIONS FOR FACILITATING POLICE INVESTIGATIONS AND PRESERVING PROPERTY LIABLE TO FORFEITURE AND CONFISCATION ORDERS

24. Warrant to search land for tainted property

25. Restrictions on issue of search warrants

26. Matters to be included in search warrant

27. Police may seize other tainted property

28. Record of property seized

29. Return of property seized

29A. Seizure and detention of cash

29B. Search for listed assets

29C. Seizure of property

29D. Initial detention of property

29E. Further detention of property

29F. Testing and safekeeping of property seized

29G. Release of detained property

29H. Forfeiture of property

29I. Associated and joint property

29J. Agreements with respect to associated property and joint property

29K. Default of agreement with respect to associated and joint property

29L. Appeal against forfeiture with respect to property or against an order with respect to associated property or joint property

29M. Realization of property forfeited

29N. Application of realized proceeds relating to property forfeited

29O. Application for release of property

29P. compensation relating to property detained

29Q. Application for an account freezing order

29R. Minimum amount to be seized in an account freezing order

29S. Making an account freezing order

29T. Variation and setting aside of an account freezing order

29U. Stay on proceedings relating to an account freezing order

29V. Exclusions

29W. Account forfeiture notice

29X. Lapse of account forfeiture notice

29Y. Forfeiture order

29Z. Application to set aside a forfeiture order

29AA. Payment and non-payment of money forfeited into the Fund

29BB. Appeal against decision on forfeiture of money

29CC. Continuation of account freezing order pending appeal

29DD. Compensation relating to an account freezing order

30. Application for restraining order

31. Restraining Orders

31A. Hearsay evidence

31B. Restriction or prohibition on land, lease or charge relating to a restraining order

31C. Appointment of management receiver

31D. Effect of restraining order

31E. Application of proceeds of realization and other sums

31F. Further provisions with respect to a management receiver

31G. Discharge and variation of an order giving directions for the exercise of powers of a management receiver

31H. Winding up of company holding realizable property

31I. Compensation relating to proceedings instituted for an offence

31J. Enforcement abroad: restraining order

32. Undertakings by Crown

33. Notice of application for restraining order

34. Service of restraining order

35. Registration of restraining order

36. Contravention of restraining orders

37. Duration of restraining order

38. Review of search warrants and restraining orders

39. Automatic expiry of restraining orders

40. Disposal of property seized or dealt with

40A. Application for a restraining order by an overseas authority

40B. Restraining order with respect to an external request

40C. Discharge and variation of a restraining order

40D. Appeals relating to a restraining order

40E. Seizure of property subject to restraining order

40F. Hearsay evidence in proceedings with respect to a restraining order

40G. Appointment of receiver relating to a restraining order

40H. Restrictions relating to a restraining order

40I. Application to give effect to an external order

40J. Conditions for Court to give effect to an external order

40K. Registration of an external order

40L. Appeal to Court of appeal relating to an external order

40M. Sums in currency other than dollars

40N. Time for payment under an external order

40O. Appointment of receiver relating to an external order

40P. Powers of a receiver with respect to a monetary external order

40Q. Powers of a receiver with respect to an external order for the recovery of specified property

40R. Application of sums by a receiver

40S. Sums received by the Director of Public Prosecutions

40T. Satisfaction of an external order

40U. Restrictions relating to a receiver with repect to realizable property

40V. Protection of a receiver

40W. Application by a receiver for directions in exercise of powers

40X. Discharge and variation of an order to appoint a receiver

40Y. Discharge of a receiver

40Z. Appeal to Court of Appeal with respect to a receiver

41. Production and Inspection orders

42. Scope of police powers under production order

43. Evidential value of information

44. Variation of production order

45. Failure to comply with production order

46. Search warrant to facilitate investigations

47. Monitoring orders

48. Monitoring orders not to be disclosed

49. Retention of records financial institutions

49A. Forfeiture order for cash

49B. Interest on cash forfeited

49C. Cash defined

50. Register of original documents

51. Communication of information to law enforcement authorities

52. Protection for financial institution

53. Interpretation

54. Application for disclosure of income tax information

55. Order for disclosure

56. Objection to disclosure of information

57. Evidential value of copies

58. Further disclosure of information and documents

59. Disclosure of information and documents held by Government departments

PART 3A ANTI-CRIME INITIATIVE

59A. Interpretation for this Part

59B. Appointment of the Committee

59C. Composition of the Committee

59D. Functions of the Committee

59E. Powers of the Committee

59F. Temporary appointment of members on the Committee

59G. Disqualification of a member of the Committee

59H. Chairperson and Deputy Chairperson

59I. Tenure of the Committee

59J. Meetings of the Committee

59L. Committee to regulate its own procedure

59M. Oath of secrecy and confidentiality

59N. Application for money from the Fund to execute an anti-crime initiative

59O. Referral of an application to the Committee

59P. Consideration of an application by the Committee

59Q. Recommendation of the Committee

59R. Approval of an application

59S. Refusal of an application

59T. Reporting requirements

PART 4 MISCELLANEOUS

60. Power to make rewards

61. Amendment of Schedule

62. Standard of proof

63. External forfeiture orders and confiscation orders

64. Compensation

64A. Guidelines

65. Regulations

67. Non-liability of Registrar

68. Operation of other laws not affected

SUBSIDIARY LEGISLATION