Revised Laws of Saint Lucia (2021)

2.   Interpretation

In this Act—

“benefit” falls to be construed in accordance with section 3(1);

“Commissioner” means the Commissioner of Police;

“confiscation order” means an order made by the Court under section 17(1);

“Court” means the High Court;

“criminal conduct” means—

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   (a)     drug trafficking; or

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   (b)     any relevant offence;

(Inserted by Act 4 of 2010)

“document”, in relation to a criminal conduct, means any written or printed thing and includes— (Amended by Act 4 of 2010)

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   (a)     any map, plan, graph or drawing;

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   (b)     any photograph;

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   (c)     any disc, tape, sound track or other device in which sound or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced; and

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   (d)     any film, negative, tape or other device in which one or more visual images are embodied so as to be capable (as aforesaid) of being reproduced;

“forfeiture order” means an order made by the Court under section 9(1);

“gazetted officer” means any police officer of or above the rank of assistant superintendent;

“gift caught by this Act” falls to be construed in accordance with sections 3(12) and 3(14);

“interest” in relation to property, means—

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   (a)     a legal or equitable interest in the property; or

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   (b)     a right, power or privilege in connection with the property;

“police officer” means a member of the Royal Saint Lucia Police Force;

“proceeds” means any property that is derived, obtained or realised, directly or indirectly, by any person from the commission of a criminal conduct; (Amended by Act 4 of 2010)

“proceeds of crime” means—

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   (a)     proceeds of a criminal conduct; or (Amended by Act 4 of 2010)

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   (b)     any property or benefits derived, obtained or realised, directly or indirectly, by any person from any act or omission that occurred outside Saint Lucia, and would, if it had occurred in Saint Lucia, have constituted a criminal conduct; (Amended by Act 4 of 2010)

“production order” means an order made by the Court under section 41;

“property” includes money and all other property, real or personal, including things in action and other intangible or incorporeal property;

“realisable property” falls to be construed in accordance with section 3(3) and 3(4);

“Registrar” means the Registrar of Lands appointed in accordance with the Land Registration Act.

“relevant application period”, in relation to a person's conviction of a criminal conduct, means the period of 12 months after— (Amended by Act 4 of 2010)

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   (a)     where the person is to be taken to have been convicted of the offence by reason of section 3(2)(a), the day on which the person was convicted of the offence;

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   (b)     where the person is to be taken to have been convicted of the offence by reason of section 3(2)(b), the day on which the person was discharged without conviction;

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   (c)     where the person is to be taken to have been convicted of the offence by reason of section 3(2)(c), the day on which the Court took the offence into account in passing sentence for the other offence referred to in that paragraph;

“relevant offence”

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   (a)     means—

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      (i)     any indictable offence or an offence triable both summarily or on indictment in Saint Lucia;

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      (ii)     an offence listed in the Schedule;

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   (b)     includes—

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      (i)     an offence of conspiring to commit any of those offences;

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      (ii)     an offence of aiding, abetting, counselling or procuring, or being in any way knowingly concerned in, the commission of any of those offences;

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      (iii)     an offence of attempting to commit any of those offences;

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      (iv)     an offence of inciting another to commit any of those offences;

(Inserted by Act 4 of 2010)

“restraining order” means an order made by the Court under section 31(1);

“tainted property”, in relation to a criminal conduct, means— (Amended by Act 4 of 2010)

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   (a)     property used in, or in connection with, the commission of the offence; or

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   (b)     property derived, obtained or realised, directly or indirectly, from the commission of the offence;

“unlawful activity” means an act or omission that constitutes an offence against a law in force in Saint Lucia or against a law of any other country.