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CUSTOMS (CONTROL AND MANAGEMENT) ACT
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Schedule 4

Revised Laws of Saint Lucia (2021)

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Schedule 4

(Section 130(4))

FORFEITURE

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    1.   (1)   The Comptroller shall, except as provided by sub-paragraph (2), give notice of the seizure of anything seized as liable to forfeiture and of the grounds of that seizure to any person who to his or her knowledge was the owner of, or one of the owners of, that thing at the time of its seizure.

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    (2)   Notice shall not be required to be given under sub-paragraph (1) if the seizure was made in the presence of—

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      (a)     the person whose offence or suspected offence occasioned the seizure;

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      (b)     the owner or any of the owners of the thing seized or any servant or agent of his or her; or

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      (c)     in the case of anything seized in a vessel or aircraft, the master or commander of that vessel or aircraft.

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    2.   Notice under paragraph (1) shall be given in writing and is considered to have been duly served on the person concerned—

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      (a)     if delivered to him or her personally;

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      (b)     if addressed to him or her and left or forwarded by post to him or her at his or her usual or last known place of abode or business, or in the case of a body corporate at its registered or principal office; or

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      (c)     where he or she has no address in Saint Lucia, or his or her address is unknown, by publication of the notice of seizure in the Gazette and in a newspaper circulated in Saint Lucia.

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    3.   Where any person, who was at the time of the seizure of anything the owner or one of the owners of it, claims that it was not liable to forfeiture, he or she shall, within one month of the date of service of the notice of seizure or, where no such notice was served, within one month of the date of seizure, give notice of his or her claim in writing to the Comptroller at any customs office.

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    4.   Any notice under paragraph 3 shall specify the name and address of the claimant and, in the case of a claimant who is outside Saint Lucia, shall specify the name and address of a solicitor in Saint Lucia who is authorised to accept service and act on behalf of the claimant, and service upon a solicitor so specified is considered to be proper service upon the claimant.

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    5.   If, on the expiration of the relevant period under paragraph 3 for the giving of a notice of claim, no such notice has been given to the Comptroller, or where such notice is given, that notice does not comply with any requirement of paragraph 4, the thing seized shall be deemed to have been duly condemned as forfeited.

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    6.   Where notice of claim in respect of anything seized is duly given in accordance with paragraphs 3 and 4, the Comptroller shall take proceedings for the condemnation of that thing by the court, and if the court finds that the thing was at the time of its seizure liable to forfeiture, that court shall condemn that thing as forfeited.

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    7.   Where anything is in accordance with either paragraphs 5 or 6 deemed to have been condemned or condemned as forfeited, then without prejudice to any restoration or sale, the forfeiture is considered to have had effect from the date when the liability to forfeiture arose.

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    8.   Proceedings for the condemnation of anything shall be civil proceedings and may be instituted—

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      (a)     in any magistrates court having jurisdiction in the place—

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        (i)     where any offence in connection with that thing was committed or where any proceedings for such an offence have been instituted,

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        (ii)     where the claimant resides or, if the claimant has specified a solicitor under paragraph 4, where that solicitor has his or her office, or

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        (iii)     where that thing was found, detained or seized or to where the thing was first brought after being found, detained or seized; or

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      (b)     in the High Court.

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    9.   (1)   In any proceedings for condemnation, the claimant or his or her solicitor shall make oath that the thing was, or was to the best of his or her knowledge and belief, the property of the claimant at the time of the seizure.

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    (2)  In any proceedings for condemnation before the High Court, the claimant shall give such security for the costs of the proceedings as may be determined by the court.

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    (3)  If any requirement of this paragraph is not complied with, the court shall give judgement for the Comptroller.

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    10.   (1)   Any party to condemnation proceedings in a magistrate's court may appeal to the High Court against the decision of that magistrate's court in those proceedings.

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    (2)   Where any appeal is made against the decision of any court in condemnation proceedings, the thing seized shall remain in the possession of, or be returned to the possession of the Comptroller until the final determination of the matter.

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    11.   In any proceedings arising out of the seizure of anything, the fact, form and manner of the seizure shall be taken to have been as set out in the process unless the contrary is proved.

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    12.   Where anything is at the time of its seizure the property of a body corporate, of 2 or more partners or of any number of persons exceeding 5 not being in partnership, the oath required to be taken by paragraph 9, and any other thing required by this Schedule or the rules of court to be done by, or by any person authorised by the claimant or owner may be taken or done by the following persons respectively, that is to say—

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      (a)     where the owner is a body corporate, the secretary or some other authorised officer of that body;

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      (b)     where the owners are in partnership, any of those owners; or

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      (c)     where the owners are any number of people exceeding 5 not being in partnership, any 2 of those persons on behalf of themselves and their co-owners.

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    13.   (1)   Where, under section 130(5), anything is restored, sold or destroyed, and it is held in proceedings taken under this Schedule that the thing was not liable to forfeiture at the time of its seizure, the Comptroller shall on demand by the claimant tender to him or her—

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      (a)     where the thing was restored, an amount equal to any amount paid as a condition of that restoration;

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      (b)     where the thing was sold, an amount equal to the proceeds of sale; or

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      (c)     where the thing was destroyed, an amount equal to its market value at the time of its seizure.

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    (2)   Where an amount tendered under subparagraph (1) includes a sum on account of the duty chargeable on the thing which has not been paid, the Comptroller may deduct so much of that amount as represents the duty.

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    (3)   If the claimant accepts an amount tendered to him or her under subparagraph (1), he or she shall not be entitled to maintain any further action on account of the seizure, detention, restoration, sale or destruction of the thing seized.

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    (4)   Where the claimant and the Comptroller are unable to agree upon the market value of anything destroyed under section 130(5), that value shall be determined by the Customs Appeal Commissioners.

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