Revised Laws of Saint Lucia (2021)

8.   Application for in rem forfeiture order on abscondence

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    (1)   Where a person absconds in connection with a criminal conduct committed after the coming into force of this Act, the Director of Public Prosecutions may apply to the Court for a forfeiture order under section 16 in respect of any tainted property. (Amended by Act 4 of 2010)

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    (2)   For the purposes of this section, a person is considered to have absconded in connection with a criminal conduct if— (Amended by Act 4 of 2010)

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      (a)     an information is laid alleging the commission of the offence by the person;

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      (b)     a warrant for the arrest of the person is issued in relation to that information; and

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      (c)     reasonable attempts to arrest the person under the warrant are unsuccessful during the period of 6 months commencing on the day the warrant was issued,

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    and the person is considered to have so absconded on the last day of that period of 6 months.

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    (3)   Where the Director of Public Prosecution applies under this section for a forfeiture order against any tainted property the Court shall, before hearing the application—

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      (a)     require notice of the application to be given to any person who, in the opinion of the Court appears to have an interest in the property;

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      (b)     direct notice of the application to be published in the Gazette and in a newspaper published and circulating in Saint Lucia containing such particulars and for so long as the Court may require.

Forfeiture Orders