Revised Laws of Saint Lucia (2023)

29E.   Further detention of property

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    (1)   Where a police officer not below the rank of corporal or a financial investigator of the Financial Intelligence Authority continues to have reasonable grounds for suspicion in relation to property described under section 29C(1) or (2), he or she may make an application to the Court for an order to extend the period to detain the property seized under 29C or any part of that property.

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    (2)   An order under subsection (1) may not authorize the detention of any property—

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      (a)     beyond the end of the period of 3 months beginning with the date of the order; and

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      (b)     in the case of any further order under this section, beyond the end of the period of 2 years beginning with the date of the first order.

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    (3)   The Court may make an order under subsection (1) if satisfied, in relation to the item of property to be further detained, that—

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      (a)     it is a listed asset;

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      (b)     the value of it is not less than the minimum value of $10,000;

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      (c)     its continued detention is justified while its derivation is further investigated or consideration is given to bringing in Saint Lucia or elsewhere, proceedings against a person for an offence with which the property is connected;

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      (d)     proceedings against a person for an offence with which the listed asset is connected have been commenced and have not been concluded; or

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      (e)     its continued detention is justified while its intended use is further investigated or consideration is given to bringing in Saint Lucia or elsewhere proceedings against a person for an offence with which the property is connected.

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    (4)   Where an application for an order under subsection (1) relates to an item of property seized under section 29C, the Court may make the order if satisfied that—

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      (a)     any of the conditions in subsections 3(a) to (e) are satisfied; and

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      (b)     it is not reasonably practicable to detain only that part of the property.

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    (5)   Where an application for an order under subsection (1) is made in respect of 2 or more items of property that were seized at the same time and by the same person, this section applies as if the value of each item is equal to the aggregate value of all of the items.

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    (6)   An order under subsection (1) must provide for notice to be given to persons affected by it.

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    (Inserted by Act 18 of 2023)