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PROCEEDS OF CRIME ACT
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PART 3 PROVISIONS FOR FACILITATING POLICE INVESTIGATIONS AND PRESERVING PROPERTY LIABLE TO FORFEITURE AND CONFISCATION ORDERS
2023 Laws not yet authenticated through a Commencement Order
Revised Laws of Saint Lucia (2023)
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PART 3
PROVISIONS FOR FACILITATING POLICE INVESTIGATIONS AND PRESERVING PROPERTY LIABLE TO FORFEITURE AND CONFISCATION ORDERS
Powers of Search and Seizure
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PART 3 PROVISIONS FOR FACILITATING POLICE INVESTIGATIONS AND PRESERVING PROPERTY LIABLE TO FORFEITURE AND CONFISCATION ORDERS
1. Short title
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
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
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
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
59K. Secretary
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
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
66. Costs
67. Non-liability of Registrar
68. Operation of other laws not affected
Schedule
ACT
PART 1 PRELIMINARY
1. Short title
2. Interpretation
3. Definition of certain terms
PART 2 FORFEITURE ORDERS, CONFISCATION ORDERS AND RELATED MATTERS
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
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
59K. Secretary
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
66. Costs
67. Non-liability of Registrar
68. Operation of other laws not affected
Schedule
SUBSIDIARY LEGISLATION