Revised Laws of Saint Lucia (2023)

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

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    (1)   Proceedings shall not be brought for an in rem recovery order in respect of any recoverable property after the expiration of 12 years from—

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      (a)     in the case of proceedings for a recovery order in respect of property obtained through criminal conduct, when the property was so obtained;

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      (b)     in the case of proceedings for a recovery order in respect of tainted property, when the property became tainted property; or

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      (c)     in the case of proceedings for a recovery order in respect of any other recoverable property, when the property obtained through criminal conduct which it represents is so obtained.

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    (2)   For the purposes of subsection (1), proceedings for an in rem recovery order are brought when an application is made to the Court under section 23V.

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    (3)   Subject to sections 29A and 49A, proceedings for an in rem recovery order may not be taken—

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      (a)     in respect of cash found at any place in Saint Lucia unless the proceedings are taken in respect of property other than cash which is property of the same person;

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      (b)     against the Attorney General in respect of any recoverable property held by the Attorney General;

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      (c)     against any person in respect of any recoverable property which he or she holds by reason of his or her acting or having acted as a receiver in bankruptcy or as trustee appointed by, or supervised by the Court.

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    (Inserted by Act 18 of 2023)