(1) Where the Director of Public Prosecutions believes that realizable property is situated in a country or territory outside Saint Lucia, the Director of Public Prosecutions shall send a request for assistance to the Attorney General for it to be forwarded under this section.
(2) In a case where a confiscation order or a forfeiture order has not been made, a request for assistance is a request to the government of the receiving country to secure that any person is prohibited from dealing with or disposing realizable property.
(3) In a case where a confiscation order or forfeiture order has been made and has not been satisfied, discharged or set aside, a request for assistance is a request to the government of the receiving country to secure that—
(a) any person is prohibited from dealing with or disposing realizable property;
(b) realizable property is realized and the proceeds are applied in accordance with the law of the receiving country.
(4) A request for assistance may not be made for the purposes of this section in a case where a confiscation order or forfeiture order is made and is satisfied, discharged or set aside.
(5) Where the Attorney General believes it is appropriate to do so he or she may forward the request for assistance to the government of the receiving country.
(6) Where property is realized pursuant to a request under subsection (3) the amount ordered to be paid must be taken to be reduced by an amount equal to the proceeds of realization.
(7) A certificate issued by or on behalf of the requested government is admissible as evidence of the facts if it states—
(a) that property has been realized pursuant to a request under subsection (3);
(b) the date of realization; and
(c) the proceeds of realization.
(8) Where the proceeds of realization made pursuant to a request under subsection (3) are expressed in a currency other than dollars, the proceeds must be taken to be the dollar equivalent calculated in accordance with the rate of exchange prevailing at the end of the date of realization.
(Inserted by Act 18 of 2023)