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PROCEEDS OF CRIME ACT
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2.   Interpretation

Revised Laws of Saint Lucia (2023)

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2.   Interpretation

In this Act—

“anti-crime initiative” includes a crime prevention proposal, law enforcement proposal and other proposals with respect to national security; (Inserted by Act 18 of 2023)

“applicant” means a Government Agency; (Inserted by Act 18 of 2023)

“application” means an application under section 59N; (Inserted by Act 18 of 2023)

“artistic work” has the meaning assigned under the Copyright Act; (Inserted by Act 18 of 2023)

“associated property” includes property held by the defendant which is not itself recoverable property—

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    (a)     any interest in the recoverable property;

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    (b)     any other interest in the property in which the recoverable property subsists;

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    (c)     if the recoverable property is a tenancy in common, the tenancy of the other tenant;

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    (d)     if the recoverable property is part of a larger property but not a separate part the remainder of that property;

(Inserted by Act 18 of 2023)

“benefit” falls to be construed in accordance with section 3(1);

“Chairperson” means the Chairperson of the Committee under section 59H(1); (Inserted by Act 18 of 2023)

“civil recovery investigation” means an investigation into—

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    (a)     whether property is recoverable property or associated property;

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    (b)     who holds the recoverable property or associated property; or

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    (c)     the extent and location of the recoverable property or associated property;

(Inserted by Act 18 of 2023)

“Commissioner” means the Commissioner of Police;

“Committee” means the Property Disposal Committee appointed under section 59B; (Inserted by Act 18 of 2023)

“confiscation order” means an order made by the Court under section 17(1);

“Court” means the High Court;

“criminal conduct” has the meaning assigned under the Money Laundering (Prevention) Act; (Inserted by Act 4 of 2010 and substituted by Act 18 of 2023)

“Deputy Chairperson” means the Deputy Chairperson of the Committee under section 59H(2); (Inserted by Act 18 of 2023)

“document”, in relation to criminal conduct, means any written or printed thing and includes— (Amended by Act 4 of 2010)

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    (a)     any map, plan, graph or drawing;

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    (b)     any photograph;

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    (c)     any disc, tape, sound track or other device in which sound or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced; and

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    (d)     any film, negative, tape or other device in which one or more visual images are embodied so as to be capable (as aforesaid) of being reproduced;

“excepted joint owner” means a person who obtains property in circumstances in which it may not be recoverable property; (Inserted by Act 18 of 2023)

“face-value voucher” means a voucher in physical form that represents a right to receive goods or services to the value of an amount stated on the voucher; (Inserted by Act 18 of 2023)

“financial institution” has the meaning assigned under the Money Laundering (Prevention) Act; (Inserted by Act 18 of 2023)

“Financial Intelligence Authority” means the Financial Intelligence Authority continued under section 4 of the Money Laundering (Prevention) Act; (Inserted by Act 18 of 2023)

“forfeiture order” means an order made by the Court under section 9(1);

“Fund” means the Anti-Crime Initiative Fund under section 22 of the Public Finance Management Act; (Inserted by Act 18 of 2023)

“gazetted officer” means any police officer of or above the rank of assistant superintendent;

“gift caught by this Act” falls to be construed in accordance with sections 3(12) and 3(14);

“Government Agency” has the meaning assigned under the Public Finance Management Act; (Inserted by Act 18 of 2023)

“interest” in relation to property, means—

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    (a)     a legal or equitable interest in the property; or

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    (b)     a right, power or privilege in connection with the property;

“Land Register” has the meaning assigned under the Land Registration Act; (Inserted by Act 18 of 2023)

“listed asset” includes—

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    (a)     a precious metal;

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    (b)     a precious stone;

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    (c)     a watch;

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    (d)     an artistic work;

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    (e)     a computer and other electronics;

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    (f)     a face-value voucher;

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    (g)     a postage stamp;

(Inserted by Act 18 of 2023)

“police officer” means a member of the Royal Saint Lucia Police Force;

“precious metal” means gold, silver or platinum, whether in an unmanufactured or a manufactured state; (Inserted by Act 18 of 2023)

“precious stone” means diamond, ruby, sapphire or emerald, whether in an untreated or a treated state; (Inserted by Act 18 of 2023)

“proceeds” means any property that is derived, obtained or realised, directly or indirectly, by any person from the commission of criminal conduct; (Amended by Act 4 of 2010)

“proceeds of crime” means—

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    (a)     proceeds of criminal conduct; or (Amended by Act 4 of 2010)

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    (b)     any property or benefits derived, obtained or realised, directly or indirectly, by any person from any act or omission that occurred outside Saint Lucia, and would, if it had occurred in Saint Lucia, have constituted criminal conduct; (Amended by Act 4 of 2010)

“production order” means an order made by the Court under section 41;

“property” includes money and all other property, real or personal, including things in action and other intangible or incorporeal property;

“realisable property” falls to be construed in accordance with section 3(3) and 3(4);

“recoverable property” means—

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    (a)     property obtained through criminal conduct;

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    (b)     property obtained through tainted property;

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    (c)     property that is intended to be used in, or in connection with criminal conduct;

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    (d)     property that has been used in, or in connection with criminal conduct; or

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    (e)     property specified under paragraphs (a), (b) or (c) that has been disposed of and is held by a person into whose hands the property may be followed;

(Inserted by Act 18 of 2023)

“Registrar” means the Registrar of Lands appointed in accordance with the Land Registration Act;

“relevant application period”, in relation to a person's conviction of criminal conduct, means the period of 12 months after— (Amended by Act 4 of 2010)

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    (a)     where the person is to be taken to have been convicted of the offence by reason of section 3(2)(a), the day on which the person was convicted of the offence;

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    (b)     where the person is to be taken to have been convicted of the offence by reason of section 3(2)(b), the day on which the person was discharged without conviction;

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    (c)     where the person is to be taken to have been convicted of the offence by reason of section 3(2)(c), the day on which the Court took the offence into account in passing sentence for the other offence referred to in that paragraph;

“relevant offence”

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    (a)     means—

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      (i)     any indictable offence or an offence triable both summarily or on indictment in Saint Lucia;

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      (ii)     an offence listed in the Schedule;

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    (b)     includes—

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      (i)     an offence of conspiring to commit any of those offences;

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      (ii)     an offence of aiding, abetting, counselling or procuring, or being in any way knowingly concerned in, the commission of any of those offences;

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      (iii)     an offence of attempting to commit any of those offences;

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      (iv)     an offence of inciting another to commit any of those offences;

(Inserted by Act 4 of 2010)

“restraining order” means an order made by the Court under section 31(1);

“Secretary” means the Secretary to the Committee appointed under section 59K; (Inserted by Act 18 of 2023)

“suitably qualified person” means a person or company with qualifications and experience to carry out the functions of a trustee or receiver and is—

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    (a)     nominated by the Attorney General; and

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    (b)     appointed by the Court;

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    (Inserted by Act 18 of 2023)

“Supreme Court Rules” means the Eastern Caribbean Supreme Court Civil Procedure Rules; (Inserted by Act 18 of 2023)

“tainted property”—

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    (a)     in relation to an application for a forfeiture order or confiscation order on conviction, means—

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      (i)     property used in, or in connection with, the commission of an offence, or

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      (ii)     property derived, obtained or realized, directly or indirectly, from the commission of an offence;

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    (b)     in relation to civil asset recovery, means property that—

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      (i)     has been used in, or in connection with, criminal conduct, or

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      (ii)     is intended to be used in, or in connection with, criminal conduct;

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      (iii)     unlawful activity;

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    (Amended by Act 4 of 2010 and substituted by Act 18 of 2023)

“unlawful activity” means an act or omission that constitutes an offence against a law in force in Saint Lucia or against a law of any other country.

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