(758) 468-3200
Government Saint Lucia
 
 
 
Home
/
Departments
/
Legislative Drafting
/
Revised Laws of Saint Lucia
/
PROCEEDS OF CRIME ACT
/
9.   Forfeiture order on conviction

Revised Laws of Saint Lucia (2021)

saint Lucia
back arrow Back to Revised Laws of Saint Lucia (2021)
back arrow Back to Table of Contents

9.   Forfeiture order on conviction

  1.  

    (1)   Where the Director of Public Prosecutions applies to the Court for a forfeiture order against property in respect of a person's conviction for a criminal conduct and the Court is satisfied that the property is tainted property in respect of the offence, the Court may order that the property or such of the property as is specified by the Court in the order be forfeited to the Crown. (Amended by Act 4 of 2010)

  1.  

    (2)   In determining whether property is tainted property the Court may infer—

    1.  

      (a)     that the property was used in, or in connection with the commission of the offence, where the evidence establishes that the property was in the person's possession at the time of, or immediately after, the commission of the offence for which the person was convicted;

    1.  

      (b)     that the property was derived, obtained or realised as a result of the commission by the person of the criminal conduct for which the person was convicted, where the evidence establishes that property, and in particular money, was found in the person's possession or under his or her control in a building, vehicle, receptacle or place during the course of investigations conducted by the police before or after the arrest and charge of the person for the criminal conduct for which the person was convicted; (Amended by Act 4 of 2010)

    1.  

      (c)     that the value of the increase represents property which was derived, obtained or realised by the person directly or indirectly from the commission of the criminal conduct for which the person was convicted, where the evidence establishes that the value, after the commission of the criminal conduct, of all ascertainable property of a person convicted of the criminal conduct exceeds the value of all ascertainable property of that person prior to the commission of that offence, and the Court is satisfied that the income of that person from sources unrelated to criminal activity of that person cannot reasonably account for the increase in value. (Amended by Act 4 of 2010)

  1.  

    (3)   Where the Court orders that property, other than money, be forfeited to the Crown, the Court shall specify in the order the amount that it considers to be the value of the property at the time when the order is made.

  1.  

    (4)   In considering whether a forfeiture order should be made under subsection (1), the Court shall have regard to—

    1.  

      (a)     the rights and interests, if any, of third parties in the property;

    1.  

      (b)     the gravity of the offence concerned;

    1.  

      (c)     any hardship that may reasonably be expected to be caused to any person, by the operation of the order; and

    1.  

      (d)     the use that is ordinarily made of the property, or the use to which the property was intended to be put.

  1.  

    (5)   Where the Court makes a forfeiture order the Court may give such directions as are necessary or convenient for giving effect to the order.

Address

2nd Floor Francis Compton Building, 
Waterfront,
Castries, Saint Lucia

Need help?

Site Map

HomeAbout AG OfficeDepartmentsAccessibilityContact Us

Quick Links

Inland Revenue Department of Government of Saint Lucia (IRD)Government of Saint Lucia Citizenship by Investment Financial Intelligence Authority

Important Links

CARICOMOECSFSRA
 
© 2024 Attorney General's Chambers
Site by