Revised Laws of Saint Lucia (2021)

14.   Payment instead of forfeiture order

Where the Court is satisfied that a forfeiture order should be made in respect of the property of a person convicted of a criminal conduct but that the property or any part thereof or interest therein cannot be made subject to such an order and, in particular— (Amended by Act 4 of 2010)

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    (a)     cannot on the exercise of due diligence, be located;

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    (b)     has been transferred to a third party in circumstances which do not give rise to a reasonable inference that the title or interest was transferred for the purpose of avoiding the forfeiture of the property;

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    (c)     is located outside Saint Lucia;

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    (d)     has been substantially diminished in value or rendered worthless; or

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    (e)     has been commingled with other property that cannot be divided without difficulty,

the Court may, instead of ordering the property or part thereof or interest therein to be forfeited, order the person to pay to the Crown an amount equal to the value of the property, part or interest.