Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697795414303.pdf (Dominica)
1993 PROCEEDS OF CRIME ACT 4 13 PROCEEDS OF CRIME ACT ARRANGEMENT OF SECTIONS SECI10N PART I PRELIMINARY Short title.

Interpretation.

I.

2.

3.

Definition of certain tenns, etc.

PART II FORFEITURE ORDERS, CONFISCATION ORDERS AND RELATED MATTERS General 4.

Application for forfeiture or confiscation order on con- viction.

S. Notice of application.

6.

Amendment of application.

7.

S. Application for forfeiture order on abscondence.

Procedure on application.


Forfeiture Orders Forfeiture order on conviction.

9.

10.

Effect of forfeiture order.

11.

Voidable transfers.

12.

13.

Discharge of forfeiture order on appeal and quashing of Protection of third parties.'

.

conviction.

Payment instead of forfeiture order.

14.

IS.

Application of procedure for enforcing fines.

16.

Forfeiture order on abscondence.

14 1993 SBCIlON PROCEEDS OF CRIME ACT 4 Confiscation Orders 17.

Confiscation order on conviction.

18.


Rules for detennining benefit and assessing value.

19.

Statements relating to benefits from commission ofsched- uled offences.

20.

Amount to be recovered under confiscation order.

21.

Variation of confiscation orders.

22.

Coun may lift corporate veil.

23.

Enforcement of confiscation orders.

PART III PROVISIONS FOR FACILITATING POLICE INVESTI GATIONS AND PRESERVING PROPERTY LIABLE TO FORFEITURE AND.CONFISCATION ORDERS Powers ofSearch and Seizure 24.
Warrant to search land, etc., for tainted propeny.

25.

Restrictions on issue of search warrants.

26.

Matters to be included in search warrant.

27.

Police may seize other tainted propeny.

28.

Record of propeny seized.

29.

Return of propeny seized.

Restraining Orders 30.

Application for restraining order.

31.

Restraining orders.

32.

Undenakings by State.

33.

Notice of application for restraining order.

34.

SeIVice of restraining order.

35.

Registration of restraining order.

36.


Contravention of restraining order.

37.

Duration of restraining order.

PROCEEDS OF CRlME ACT4 15 1993 SECTION Review ofSearch Warrants and Restraining Orders 38. Review of search warrants and restraining orders.

39.

Automatic expiry of restraining orders.

40.

Disposal of property seized or dealt with.

Production Orders, and other Information Gathering Powers Production and inspection orders.

Scope of police powers under production order, etc.

41.

42.
41.

42.

43.

Evidential value of information.

44.

Variation of production order.

45.

46.

Failure to comply with production order.

Search warrant to facilitate investigations.

Monitoring Orders 47.

Monitoring orders.

48.

Monitoring orders not to be disclosed.

Obligations ofFinancial Institutions 49.

Retention of records of financial institutions.

50.

Register of original documents.

51.

Communication of information to law enforcement authorities.

52.

53.
52.

53.

Protection for fmancial institution.

Financial Institution.

Orderfor Disclosure ofIncome Tax Information 54.

Application for disclosure of income tax information.

55.

Order for disclosure.

56.

Objection to disclosure of income tax information.

16 1993 PROCEEDS OF CRIME ACT4 (--~ .......~ SECTION 57.

Evidential value of copies.

58.

Further disclosure.

Access to Specified In/ormation and Documents Held by Government Departments, etc.

59.
59.

Disclosureofinfonnationand documents held by Govern- ment departments.

PARTlY OFFENCES 60.

Money laundering.

61.

Possession of propeny derived from unlawful activity.

62.

Organised fraud.

63.

Rules for establishing mens rea.

PARTY MISCELLANEOUS Interpretation of cenain expressions in sections 64 to 66.

Interest.

64.

Seizure and detention of cash.

65.

Forfeiture of cash.

66.

67.

Procedure.

68.

69.

Amendment of Schedule.

70.

Standard of proof.

71.


External forfeiture orders and confiscation orders.

72.

Compensation.

73.

Regulations.

74.

Costs.

75.

Operation of other laws not affected.

SCHEDULE.

1993 PROCEEDS OF CRIME ACT 4 17 .I COMMONWEALTH OF DOMINICA ACT No.4 OF 1993 I assent C.A.SEIGNORET President.

18th June.

1993.

AN ACT TO PROVIDE FOR THE FORFEITURE OR CONFIS CATION OF THE PROCEEDS OF CERTAIN CRIMES AND FOR CONNECTED OR RELATED MATTERS.

(Gazetted 24th June.

1993.)


BE IT ENACTED by the Parliament of the Commonwealth of Dominica as follows: PART I PRELIMINARY 1.

1bis Act may be cited as the Shon title.

PROCEEDS OF CRIME ACT 1993.

18 1993 PROCEEDS OF CRIME ACT4 Interpretation.

2.
In this Act - "benefit" is to be construed in accordance with section 3(1); "Commissioner" means the Commissioner of Police; "confiscation order" means an order made by the Court pursuant to section 17(1); "the Court" means the High Court; "forfeiture order" means an order made by the Court pursuant to section 9(1) or 65(1); "gift caught by this Act" is to be construed ill accordance with section 3(12) and (14); "interest", in relation to property, means- (0) a legal or equitable interest in the property; or (b) a right, power or privilege in connection with the property; "police officer" means a member of the Police Service; "proceeds"means anypropertythat is derived, obtained orrealised, directly orindirectly, by any person from the commissionof a scheduled offence; "proceeds of crime" means - (0) proceeds of a scheduled offence; or (b) any property or benefits derived.
obtained or real ised, directly or indirectly, by any person from any act or omission that occurred outside Dominica and would, if it had occurred in Dominica.
have con stituted a scheduled offence; "production order" means an order made by the Court pursuant to section 41; "property" includes money and all other property, real or personal, including things in action and otherintangible orincorporeal property; 1993 PROCEEDS OF CRIME ACT4 19 "realisable property" is to be construed in accordance with section 3(3) and (4); "Registrar" means the Registrar of Titles under the Title by Reg- 0..56:50. istration Act; "relevant application period", in relation to a person's conviction of a scheduled offence, means the period oftwelve months after- (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 con victed of the offence; (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 dis charged without conviction; (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; "restraining order" means an order made by the Court pursuant to section 31 (I); "scheduled offence" means an offence specified in the Schedule, Schedule.
and includes - (a) an offence of conspiring to commit any of those offences; (b) an offence of aiding, abetting, counselling or pro curing, or being in any way knowingly concerned in, the commission of any of those offences; (c) an offence of attempting to commit any of those offences; (d) an offence of inciting another to commit any of those offences; , , , ,, , 20 1993 PROCEEDS OF CRIME ACT4 "tainted property", in relation to a scheduled offence, means (a) property used in, orin connection with, the commis sion of the offence; or (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 Dominica or against a law of any other country.
Definition of certain lenns, etc.

3.

(l) In this Act - (a) "a benefit" includes any property, service oradvan tage, whether direct or indirect; (b) "to benefit" has a corresponding meaning; (c) a reference to a benefit derived or obtained by, or otherwise accruing to, a person ("A'') includes a benefit derived or obtained by, or otherwise accru ing to, another person at A's request or direction.
(2) For the purposes of this Act, a person is to be taken to be convicted of a scheduled offence if - (a) he is convicted, whether summarily or on indict ment, of the offence; (b) he is charged with the offence and is found guilty b!1t is discharged without conviction; or (c) a court with his consent takes the scheduled of fence, of which he has not been found guilty, into account in sentencing him for another offence.
(3) In this Act "realisable property" means, subject to subsection (4) - (a) any property held by a person who has been con victed of, or charged with, ascheduled offence; and (b) any property held by a person to whom a person so convicted or charged has directly or indirectly made a gift caught by this Act.
1993 PROCEEDS OF CRIME ACT4 21 (4) Property is not realisable property if- (a) there is in force in respect of that property, a forfeiture order under this Act or under any other enacunent; (b) a forfeiture order is proposed to be made against that property under this Act or any other enact ment.
(5) For the purposes of sections 19 and 20 the amount that might be realised at the time a confiscation order is made against a person is the total of the values at that time of all the realisable property held by the person, together with the total ofthe values at that time of all gifts caught by this Act, less the total amounts payable in pursuance of an obligation, where there is an obligation having priority at that time.
(6) For the purposes of subsection (5), an obligation has priority at any time if it is an obligation of the person to- (a) pay an amount due in respect of a fine, or other orderofa court, imposed or made on conviction of an offence where the fine was imposed or the order was made before the confiscation order; (b) pay an amount due in respect of any tax, rate, duty, cess or other impost payable under any enacunent for the time being in force; (e) pay any other civil obligation as may be deter mined by the Court.
(7) Subject to subsections (8) and (9), for the purposes of this Act, the value of property (other than cash) in relation to a person holding the property - (a) where any other person holds an interest in the property, is- (i) (ii) the market value of the first mentioned per son's beneficial interest in the property; less the amount requircd to discharge any cncum brance on that intcrcst~ and 22 1993 PROCEEDS OF CRIME ACT 4 (b) in any other case, its market value.
(8) References in this Act to the value at any time ("the material time") of the transfer of any property are references to - (a) the value of the property when the recipient re ceived it adjusted to take account of subsequent changes in the value of money; or (b) where subsection (9) applies, the value there men tioned, whichever is the greater.
(9) Where at the material time the recipient holds - (a) the property which he received (not being cash); or (b) property which, in whole or in part, directly or indirectly represents in his hands the property which he received, the value referred to in subsection (7)(b) is the value at the material time of the property mentioned in paragraph (a) of this subsection or, as the case may be, of the property mentioned in paragraph (b) of this subsection, so far as it represents the property which he received.
(10) Subject to subsection (14), a reference to the value at any time ("the material time") of a gift is a reference to - (a) the value of the gift when the recipient received it adjusted to take account of subsequent changes in the value of money; or (b) the value there mentioned, where subsection (II) applies, whichever is the greater.
(I I) Subject to subsection (14), where at the material time a person holds - (a) property which he received, not being cash; or (b) property which, in whole or in part, directly or indirectly represents in his hands the property which he received, 1993 PROCEEDS OF CRIME ACT4 23 the value referred to in subsection (10) is the value at the material time of the property mentioned in paragraph (a) of this subsection or the value of the property mentioned in paragraph (b) so far as it so represents the property which he received.
(12) A gift, including a gift made before the commence ment of this Act, is caught by this Act where - (a) it was made by the person convicted or charged at any time after the commission of the offence or, if more than one, the earliest of the offences to which the proceedings for the time being relate; and the Court considers it appropriate in all the circum stances to take the gift into account; (b) it was made by the person convicted or charged at any time and was a gift of property - (i) received by the person in connection with the commission of a scheduled offence commit ted by him or another; or (ii) which in whole orin part directly orindirectly represented in the person's hands property received by him in that connection.
(13)The reference in subsection (12) to "an offence to which the proceedings for the time being relate" includes where the proceedings have resulted in the conviction of the person, a reference to any offence which the Court takes into consideration when detennining sentence.
/ (14) For the purposes of this Act- (a) the circumstances in which a person is to be treated as making a gift include those where the person transfers property to another person directly or indirectly for a consideration the value of which is significantly less than the value of the property provided by the person; and (b) in those circumstances, the preceding provisions of this section shall apply as if the person had 24 1993 PROCEEDS OF CRIME ACT4 made a gift of such share in the property as bears to the whole property the same proportion as the difference between the values referred to in para graph (a) bears to the value of the consideration provided by the person.
PART II FORFEITURE ORDERS.

CONFISCAnON ORDERS AND RELATED MATTERS General AW1ieation for forfeiture or confiscation order on conviction.

4.
4.

(I) Where a person is convicted of a scheduled offence committed after the coming into force of this Act, the Director of Public Prosecutions may apply to the Court for one or both of the following orders - (a) a forfeiture order against property that is tainted property in respect of the scheduled offence; (b) a confiscation order against the person in respect of benefits derived by the person from the commis sion of the scheduled offence.
(2) The Director of Public Prosecutions may not make an application after the end of the relevant application period in .

relation to the conviction.

(3) An application under this section may be made in respect of one or more than one scheduled offence.

(4) Where an application under this section is finally deter mined.
no further application for a forfeiture order or a confiscation order may be made in respect of the offence for which the person was convicted unless the Court gives leave for the making of a new application on being satisfied - .

(a) that the property.


or benefit to which the new application relates was identified after the previous application was determined; or (b) that necessary evidence became available after the previous application was determined; or 1993 PROCEEDS OF CRIME ACT 4 2S (c) that it is in the interest of justice that the new application be made.

S. (I) Where the Director ofPublic Prosecutions applies for Noli", ofapplicalioo.
a forfeiture order against property in respect of a person's convic- tion of a scheduled offence - (a) the Director of Public Prosecutions must give no less than fourteen days written notice ofthe appli cation to the person and to any other person who the Director of Public Prosecutions has reason to believe may have an interest in the property; (b) the person.
and any other person who claims an interest in the property, may appear and adduce evidence at the hearing of the application; and (c) the Court may, at any time before the final deter mination of the application, direct the Director of Public Prosecutions - (i) (ii) to give notice of the application to any person who, in the opinion of the Court, appears to have an interest in the property; to publish in the Official Gazette and in a newspaperpublished and circulating in Domi nica notice of the application in the manner and containing such particulars and within the time that the Court considers appropriate.
(2) Where the Director ofPublic Prosecutions applies for a confiscation order against a person - (a) the Director of Public Prosecutions must give the person no less than fourteen days written notice of the application; and (b) the person may appear and adduce evidence at the hearing of the application.

6: (I) The Court hearing an application under section 4(1) ~.m,CIlt of may, before final determination of the application, and on the appheat.oo.
26 1993 PROCEEDS OF CRIME ACT 4 application of the Director of Public Prosecutions, amend the application to include any other property or benefit, as the case may be, upon being satisfied that - (a) the property or benefit was not reasonably capable of identification when the application was origi nally made; or (b) necessary evidence became available only after the application was originally made.
(2) Where the Director of Public Prosecutions applies to amend an application for a forfeiture order and the amendment would have the effect of including additional property in the application for the forfeiture order he must give no less than fourteen days written notice of the application to amend to any person who he has reason to believe may have an interest in the property to be included in the application for the forfeiture order.
(3) Any person who claims an interest in the property to be included in the application for the forfeiture order may appear and adduce evidence at the hearing of the application to amend.
(4) Where the Director of Public Prosecutions applies to amend an application for a confiscation order against a person and the effect of the amendment would be to include an additional benefit in the application for the confiscation order he must give the person no less than fourteen days written notice of the application to amend.

7.
7.

(I) Where an application is made to the Court for a forfei ture order or aconfiscation orderin respect of aperson's conviction of a scheduled offence whether in the magistrates' court or in the Court, the Court may, in determining the application, have regard to the transcript of any proceedings against the person for the offence.
(2) Where an application is made for a forfeiture order or a confiscation order to the Court before which the person was convicted, and the Court has not, when the application is made, passed sentence on the person for the offence, the Court may, if it Procedure on application.

1993 PROCEEDS OF CRIME ACT4 27 is satisfied that it is reasonable to do so in all the circumstances, defer passing sentence until it has determined the application for the order.

- 8.
- 8.

(I) Where a person absconds in eonnection with a sched- Application fo< .

.

< e commg mto lorce 0 0 lence commttt led f< U Director of Public Prosecutions may apply to the Court for a forfeiture order under section 16 in respect ofany tainted property.

fthi A th forfeiture order on e abscondence.
• ed ft a er et, th s (2) For the purposes of this section, a person shall be deemed to have absconded in connection with a scheduled offence if - (a) an information has been laid alleging the commis siDn of the offence by the person; (b) a warrant for the arrest of the person has been issued in relation to that information; and (c) reasonable attempts to arrest the person pursuant to the warrant have been unsuccessful during the period of six months commencing on the day the warrant was issued, and the person shall be deemed to have so absconded on the last day of that period of six months.
(3) Where the Director of Public Prosecutions applies under this section for a forfeiture order against any tainted prop erty the Court shall, before hearing the application - (i) 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; (ii) direct notice ofthe application to be published in the Official Gazette and in a newspaper published and circulating in Dominica con taining such particulars and for so long as the Court may require.
28 1993 PROCEEDS OF CRlME ACT 4 Forfeitucc order on conviction.

Foifeiture Orders 9.

(l) Where the DirectorofPublicProsecutionsapplies to the Court for a forfeiture order against property in respect ofa person's conviction for ascheduled offence and the Court is satisfied that the property is tainted property in respect ofthe offence, the Court may order that the property or such ofthe property as is specified by the Court in the order be forfeited to the State.
(2) In determining whether property is tainted property the Court may infer- (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, orimmediately after, the commission of the offence for which the person was convicted; (b) that the property was derived, obtained or realised as a result of the commission by the person of the scheduled offence for which the person was con victed.
where the evidence establishes that prop erty, and in particular money, was found in the person's possession orunderhis control in a build ing, vehicle, receptacle or place during the course ofinvestigations conducted by the police before or after the arrest and charge of the person for the scheduled offence for which the person was con victed; (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 scheduled offence for which the person was convicted, where the evidence establishes that the value, after the commission of the scheduled of fence, of all ascertainable property of a person convicted of the scheduled offence exceeds the value of all ascertainable property of that person 1993 PROCEEDS OF CRIME ACT4 29 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.
(3) Where the Court orders that property, other than money, be forfeited to the State, 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.
(4) In considering whether a forfeiture order should be made under subsection (1), the Court shall have regard to- (a) the rights and interests, ifany, ofthird partiesin the property; (b) the gravity of the offence concerned; (e) any hardship that may reasonably be expected to be caused to any person, by the operation of the order; and (d) the use that is ordinarily made of the property, or the use to which the property was intended to be put.
(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.

10.

(1) Subject to subsection (2), where the Court makes a Effect offonei!ure forfeiture order against any property, the property vests absolutely order.

in the State by virtue of the order.


(2) Where property directed by a forfeiture order to be forfeited is registrable property- (a) the property vests in the State in equity but does not vest in the State at law until the applicable registration requirements have been complied with; (b) the State is entitled to be registered as ownerof ~lC property; /", '-' .
, 30 1993 PROCEEDS OF CRIME ACT4 (c) the Registrar has power on behalfof the State to do, or authorise the doing of, anything necessary or convenient to obtain the registration of the State as owner, including the execution of any instrument required to be executed by a person transferring an interest in property of that kind.
(3) Where the Court makes a forfeiture order against prop erty- (a) the property shall not, except with the leave of the Court and in accordance with any directions of the ,~urt be.disposed of, or otherwise dealt with, by or on behalf of the State, before the relevant appeal date; and (b) if, after the relevant appeal date, the order has not been discharged, the property may be disposed of and the proceeds applied or otherwise dealt with in accordance with the direction ofthe Attorney Gen eral.
(4) Without limiting the generality of subsection (3)(b) the directions that may be given pursuant to that subsection include a direction that property is to be disposed of in accordance with the provisions of any enactment specified in the direction.
(5) In this section - "registrable property" means property the title to which is passed by registration in accordance with the provi sions of the Title by Registration Act; "relevant appeal date" used in relation to a forfeiture order made in consequence of a person's conviction of a scheduled offence, means - (a) the date on which the period allowed by the rules of court for the lodging ofan appeal against a person's conviction or for the lodging of an appeal against the making of a forfeiture order expires without an appeal having been lodged, whichever is the later; or 01.56:50.
1993 PROCEEDS OF CRIME ACT4 31 (b) where an appeal against a person's conviction or against the making of a forfeiture order is lodged, the date on which the appeal lapses in accordance with the rules of court or is finally determined, whichever is the later.

11.

The Court may - Voidable transfers.


(a) before making a forfeiture order; and (b) in the case of property in respect of which a restraining order was made, where the order was served in accordance with section 34, set aside any conveyance or transfer of the property that occurred after the seizure of the property or the service of the restraining order, unless the conveyance or transfer was made for valuable consideration to a person acting in good faith and without notice.

12.
12.

(I) Where an application is made for a forfeiture order Pro",,,ionofthi,d against property, a person who claims an interest in the property partlcs.

may apply to the Court, before the forfeiture orderis made, for an order under subsection (2).
(2) If a person applies to the Court for an order under this section in respect of his interest in property and the Court is satisfied on a balance of probabilities - (a) that he wasnotinany way involved in the commis sion of the offence; and ( b) where he acquired the interest during or after the commission of the offence, that he acquired the interest - (i) for sufficient consideration; and (ii) without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was, at the time he acquired it.
property that was tainted property, the Court shall make an order declaring the nature, extent and value (as at the time the order is made) of his interest.
32 1993 PROCEEDS OF CRIME ACT4 (3) Subject to subsection (4), where a forfeiture order has already been made directing the forfeiture ofproperty, a person who claims an interest in the property may before the end of the period of six weeks commencing on the day on which the forfeiture order is made, apply under this subsection to the Court for an order under subsection (2); however, where the applicant satisfies the Court that, in the special circumstances of the case it was not reasonably practicable for him to make such application within the period of six weeks aforesaid, the time (whether expired or not) for making the application may be extended by the Court as it thinks just.
(4) A person who- (a) had knowledge of the application for the forfeiture order before the order was made; or (b) appeared at the hearing of that application, shall not be permitted to make an application under subsection (3), except with the leave of the Court.
(5) A person who makes an application under subsection (I) or (3) must give no less than fourteen days written notice of the making of the application to the Director of Public Prosecutions, who shall be a party to any proceedings in the application.

(6) An applicant or the DirectorofPublic Prosecutions may in accordance with the rules of court, appeal to the Court of Appeal from an order made under subsection (2).
(7) The Registrar shall, on application made by any person who has obtained an order under subsection (2), and where the period allowed by the rules of court with respect to the making of appeals has expired and any appeal from that order taken under subsection (6) has been determined- (a) direct that the property or the part thereof to which the interest ofthe applicant relates be returned to the applicant; or (b) direct that an amount equal to the value of the interest ofthe applicant, as declared in the order, be paid to the applicant.
1993 PROCEEDS OF CRIME ACT 4 33 13.

(1) Where the Court makes a forfeiture order against Discharge of property in reliance on a person's conviction of a scheduled ~=::::::';:~g offence and the conviction is subsequently quashed, the quashing of oonvictioo.

of the conviction discharges the order.

(2) Where aforfeiture order against property is discharged as provided for in subsection (1) or by the Court hearing an appeal against the making of the order.
any person who claims to have an interest in the property immediately before the making of the forfeiture order may apply to the Registrar in writing for the transfer of the interest to the person.
(3) On receipt of an application under subsection (2) the Registrar shall- (a) if the interest is vested in the State, give directions that the property or part thereof to which the interest of the applicant relates be transferred to the person; or (b) in any othercase, directthat there be payable to the person an amount equal to the value ofthe interest as at the time the order is made.
(4) In the exercise of his powers under this section and section 12 the Registrar shall have the power to do or authorise the doing of anything necessary or convenientto effect the transfer or return of property, including the execution of any instrument and the making ofan application forthe registration ofan interest in the property on any appropriate register.

14.
14.

Where the Court is satisfied that a forfeiture order should Payment instead of be made in respect of the property of a person convicted of a forfeibllC order.
scheduled offence but that the property or any part thereof or interest therein cannot be made subjec.t to such an order and, in particular - (a) cannot, on the exercise of due diligence, be lo cated; (b) has been transferred to a third party in circum stances which do not give rise to a reasonable 34 1993 PROCEEDS OF CRIME ACT4 inference that the title orinterest was transferred for the purpose of avoiding the forfeiture of the prop erty; (c) is located outside Dominica; (d) has been substantially diminished in value or ren dered worthless; or (e) has been commingled with other property that can- not 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 State an amount equal to the value of the property.

part or interest.

Application of procedure for enforcing fmes.

Ch.3m.

15.
Where the Court orders a person to pay an amount under section 14 that amount shall be treated as ifit were a fine imposed upon him in respect of a conviction of a scheduled offence and the Court shall - (a) notwithstanding anything contained in section 68 of the Interpretation and General Clauses Act, impose, in default of the payment of that amount, a term of imprisonment - (i) of eighteen months, where the amount does not exceed ten thousand dollars; (ti) of two years, where the amount exceeds ten thousand dollars but does not exceed twenty thou sand dollars; (iii) of three years, where the amount exceeds twenty thousand dollars but does not exceed fifty thou sand dollars; (iv) of five years, where the amount exceeds fifty thousand dollars but does not exceed one hundred thousand dollars; (v) of seven years, where the amount exceeds one hundred thousand dollars but does not exceed two hundred thousand dollars; 1993 PROCEEDS OF CRIME ACT4 35 (vi) of ten years, where the amount exceeds two hundred thousand dollars but does not exceed one million dollars; (vii) of fifteen years, where the amount exceeds one million dollars; (b) direct that the term of imprisonment imposed pursu ant to paragraph (a), in the case of conviction for an offence against the Drugs (Prevention of Misuse) Ch.40:07.
Act, be served consecutively to any other form of imprisonment imposed on the person, or that the person is then serving; (c) direct that the Prisons Act and any regulations made Ch.12:70. thereunder regarding the remission of sentences of prisoners serving a term of imprisonment shall not apply in relation to a term of imprisonment imposed on a person pursuant to paragraph (a) in the case of a conviction for an offence against the Drugs (pre- Ch.40:07. vention ofMisuse) Act.

16.
16.

(I) Subject to section 8(3), where an application is made Forfeinm: order on to the Court under section 8(1) for a forfeiture order against any abscondence.
tainted property in consequence of a person's abscondence in connection with a scheduled offence and the Court is satisfied that- (a) any property is tainted property in respect of the offence; (b) proceedings in respect of a scheduled offence committed in relation to that property were com menced; and (c) the accused charged with the offence referred to in paragraph (b) has absconded, 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 State.
36 1993 PROCEEDS OF CRiME ACT4 Confiscation order on conviction.

(2) The provisions of sections 9(2), (3), (4) and (5), 10, 11 and 12 shall apply with such modifications as are necessary to give effect to this section.

Confiscation Orders 17.
(1) Subject to this section, where the Director of Public Prosecutions applies to the Court for a confiscation order against a person in respect ofthat person's conviction of a scheduled offence the Court shall, if it is satisfied that the person has benefited from that offence order him to pay to the State an amount equal to the value of his benefits from the offence or such lesser amount as the Court certifies in accordance with section 20 to be the amount that might be realised at the time the confiscation order is made.
(2) The Court shall assess the value of the benefits derived by a person from the commission of an offence in accordance with sections 18 to 21.
(3) The Court shall not make aconfiscationorder under this section - (a) until the period allowed by the rules ofcourt for the lodging of an appeal against conviction has expired without such an appeal having been lodged; or (b) where an appeal against convictions has beenlodged, until the appeal lapses in accordance with the rules of court or is finally determined, whichever is the later date.

Rules for detennin· ing benefit and assessing value.

18.
18.

(1) Where a person Obtains property as the result of, or in connection with the commissionof, ascheduled offence, his benefit is the value of the property so obtained.

(2) Where a person derives an advantage as a result of or, in connection with the commission of a scheduled offence, his advantage shall be deemed to be a sum ofmoney equal to the value of the advantage so derived.
1993 PROCEEDS OF CRIME ACT 4 37 (3) The Court, in detelIDining whether a person has ben efited from the commission of a scheduled offence or from that offence taken together with other scheduled offences and.

if he has.

in assessing the value of the benefit.

shall unless the contrary is proved.


deem - (a) all property appearing to the Court to be held by the person on the day on which the application is made; and (b) all property appearing to the Court to be held by the person at any time - (i) within the period between the day the sched uled offence.

or the earliest offence.

was com mitted and the day on which the application is made; or (ii) within the period of six years immediately before the day on which the application is made.

whichever is longer.


to be property that came into the possession or under the control of the person by reason of the commission of that scheduled offence or those scheduled offences for which the person.

was convicted; (c) any expenditure by the person since the beginning of that period to be expenditure met out of pay ments received by him as a result of.

orin connec tion with.


the commission of that scheduled of fence or those scheduled offences; and (d) any property received or deemed to have been received by the person at any time as a result of.

or in connection with.

the commission by him of that scheduled offence.

or those scheduledoffences as property received by him free of any interests therein.

(4) Where a confiscation order has previously been made against a person.
in assessing the value of any benefit derived by 38 1993 PROCEEDS OF CRIME ACT4 Sla1emenll relating to benefits from commission of scheduled offences.

him from the commission of the scheduled offence, the Court shall leave out of account any oflus benefits that are shown to the Court to have been taken into account in determining the amount to be recovered under that order.
(5) Ifevidence is given at the hearing ofthe application that the value ofthe person's property at any time after the comnlission of the scheduled offence exceeded the value of the person's prop erty before the commission of the offence, then the Court shall, subject to subsection (6), treat the value of the benefits as being not less than the amount of the excess.
(6) If, afterevidenceofthe kind referred to in subsection (5) is given, the person satisfies the Court that the whole or part of the excess was due to causes unrelated to the commission of the scheduled offence, subsection (5) does not apply to the excess or, as the case may be, that part.

19.
(I) Where- (a) a person has been convicted of a scheduled offence and the Director of Public Prosecutions tenders to the Court a statement as to any matters relevant - (i) (ii) to determining whether the person has ben- efited from the offence or from any othersched uled offence of which he is convicted in the same proceedings or which is taken into ac count in determining his sentence; or to an assessment of the value of the person's benefit from the offence or any otherscheduled offence of which he is so convicted in the same proceedings or which is so taken into account; and (b) the person accepts to any extent an allegation in the statement, the Court may, for the purposes of so determining or making that assessment, treat his acceptance as conclusive of the matters to which it relates.
1993 PROCEEDS OF CRIME ACT4 39 (2) Where- (a) astatementis tendered under subsection(1)(a); and (b) the Court is satisfied that a copy of that statement has been selVed on the person, the Court may require the person to indicate to what extent he accepts each allegation in the statement and, so far as he does not accept any such allegation, to indicate any matters he proposes to relyon.
(3) Where the person fails in any respect to comply with a requirement under subsection (2), he may be treated for the purposes of this section as having accepted every allegation in the statement, other than - (a) an allegation in respect of which he has complied with the requirement; and (b) an allegation that he has benefited from the sched uled offence orthat any property or advantage was obtained by him as a result of, or in connection with the commission of the offence.
(4) Where- (a) the person tenders to the Court a statement as to any matters relevant to determining the amount that might be realised at the time the confiscation order is made; and (b) the Directorof Public Prosecutions accepts to any extent any allegation in the statement, the Court may, for the purposes of that determination.

treat the acceptance ofthe Director ofPublic Prosecutions as conclusive of the matters to which it relates.
(5) An allegation may be accepted or a matter indicated for the purposes of this section either- (a) orally before the Court; or (b) in writing in accordance with rules of court 40 1993 PROCEEDS OF CRIME ACT4 AmOWlt to be recovered under confiscation order.

(6) An acceptance by a person under this section that he received any benefits from the commission of a scheduled offence is admissible in any proceedings for any offence.

20.

(I) Subjectto subsection (2).


the amountto be recovered in the person's case under a confiscation order shall be the amount which the Coun assesses to be the value ofthe person's benefitfrom the scheduled offence oTifmore than one, all the offences in respect of which the order may be made.
(2) Where the Counis satisfied as to anymatterrelevant for determining the amount which might be realised at the time the confiscationorder is made (whether by an acceptance under section 19 or otherwise) the Coun may issue acertificate giving the Coun's opinion as to the matters concerned, and shall do so if satisfied that the amount that might be realised at the time the confiscation order is made is less than the amount that the Coun assesses to be the value of the person's benefit from the offence, orifmore than one, all the offences in respect of which the confiscation order may be made.
Variation of confiscation orders.

21.
(1) Where- (a) the Coun makes a confiscation order against a person in relation to a scheduled offence; (b) in calculating the amount of the confiscation order, the Coun took into account a forfeiture of the propeny or a proposed forfeiture of the property or a proposed forfeiture order in respect of property; and (c) an appeal against the forfeiture or forfeiture order is allowed or the proceedings for the proposed forfei ture order terminate without the proposed forfeiture order being made, the Director of Public Prosecutions may apply to the Court for a variation of the confiscation order to increase the amount of the order by the value ofthe property not so forfeited and the Court may, if it considers it appropriate to do so, vary the order accordingly.
1993 PROCEEDS OF CRIME ACT4 41 (2) Where- (a) the Court makes a confiscation order against a person in relation to a scheduled offence; (b) in calculating the amount of the confiscation or der, the Court took into account, in accordance with section 3(5) and (6) an amount oftax paid by the person; and (c) an amount is repaid or refunded to the person in respect of that tax, the Director of Public Prosecutions may apply to the Court for a variation of the confiscation order to increase the order by the amount repaid or refunded and the Court may, if it considers it appropriate to do so, vary the order accordingly.
22.

(I) In assessing the value of benefits derived by a person Coun may lift from the commission of a scheduled offence, the Court may treat corporate ve>l.

as property of the person any property that, in the opinion of the Court, is subject to the effective control of the person whether or not he has- (a) any legal or equitable interest in the property; or (b) any right, power or privilege in connection with the property.
(2) Without prejudice to the generality of subsection (1) the Court may have regard to- (a) shareholdings in, dcbentures overor directorships in any company that has an interest, whetherdirect orindirect, in the property, and for this purpose the Court may order the investigation and inspection of the books of a named company; (b) any trust that has arty rclationship to the property; (c) any relationship whatsoever between persons having an interest in the property or in companies of the kind referred to in paragraph (a) ortrust of the kind referred to in paragraph (b!, and any other persons.
42 1993 PROCEEDS OF CRIME ACT4 ( I (3) Where the Court, for the purposes of making a confis cation order against a person, treats particular property as the person's property pursuant to subsection (1), the Court may, on application by the Director of Public Prosecutions, make an order declaring that the property is available to satisfy the order.
(4) Where the Court declares that property is available to satisfy a confiscation order- (a) the order may be enforced against the property as if the property were property of the PCfSvn against whom the order is made; and (b) a restraining order may be made in respect of the property as if the property were property of the person against whom the order is made.
(5) Where the Director of Public Prosecutions makes an application for an order under subsection (3) and that property is available to satisfy a confiscation order against a person - (a) the Director of Public Prosecutions shall give writ ten notice ofthe application to the person and to any person who the DirectorofPublic Prosecutions has reason to believe may have an interest in the prop erty; and (b) the person and any person who claims an interest in the property may appear and adduce evidence at the hearing.
Enforcement of confiscation orders.

23.

Where the Court orders a person to pay an amount under a confiscation orderthe provisions ofsection 15 shall apply with such modifications as the Court may determine for the purpose of empowering the Court to impose a term of imprisonment on a person in default of compliance by him with a confiscation order.
1993 PROCEEDS OF CRIME ACT 4 43 PART III PROVISIONS FOR FACILITATING POLICE INVESTI GATIONS AND PRESERVING PROPERTY LIABLE TO FORFEITURE AND CONFISCATION ORDERS Powers ofSearch and Seizure 24.

(1) Where a police officer has reasonable grounds for Wamnt to tearch suspecting that there is, or there may be within the next following ~~::.
for tainted seventy-two hours, tainted property upon any land or upon or in any premises the police officer may lay before a magistrate an information on oath setting out those grounds and apply for the issue of a warrant to search the land or premises for tainted property.
(2) Where an application is made under subsection (1) for a search warrant, the Magistrate may, subject to section 25. issue a warrant authorising a police officer (whether named in the warrant or not) with such assistance and by such force as is necessary and reasonable - (a) to enter upon the land orupon orintothe premises; (b) to search the land orpremises for tainted property; and (c) to seize property found in the course of the search that the police officer believes on reasonable grounds, to be tainted property.
25.

A magistrate shall not issue a warrant under section 24 Restricli,"" on ill... unless _ of tearch Wamulll.

(a) the informant or some other person has given to the Magistrate, either on oath or by affidavit, any further information that the Magistrate may re quire concerning the grounds on which the issue of the warrant is sought; (b) the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.

44 1993 PROCEEDS OF CRIME ACT 4 ( , Mauers to be included in search warrant.

26.
26.

(I) A warrant issued under section 24 shall include - (a) a statement of the purpose for which the warrant is issued, and a reference to the nature of the sched uled offence; (b) a description of the kind of property to be seized; (c) a time, not being later than twenty-eight days, upon which the warrant ceases to have effect; and (d) a statement as to whether entry is authorised to be made at any time of the day or night, or during specified hours of the day or night.
Police may seize other tainted property.

27.
Where in the course of a search under a warrant issued pursuant to section 24 for tainted property in relation to a scheduled offence, a police officer fmds - (a) propeny that he believes, on reasonable grounds, to be- (i) tainted propeny in relation to the offence, although not of a kind specified in the warrant; or (ii) tainted property in relation to another scheduled offence; or (b) anything that he believes, on reasonable grounds will afford evidence as to the commission of a criminal offence, and the police officer believes, on reasonable grounds that it is necessary to seize that propeny or thing in order to prevent its concealment, loss or destruction or its use in committing, continu ing or repeating the offence or any other offence, the warrant shall be deemed to authorise the police officer to seize that propeny or thing.
Record of property seized.

28.
(I) A police officer who executes a warrant issued under this Pan shall- (a) detain the propeny seized, taking reasonable care to ensure that the property is preserved so that it may be dealt with in accordance with the law; 1993 PROCEEDS OF CRIME ACT 4 45 (b) as soon as practicable after the execution of the warrant, but within a period of forty-eight hours thereafter, prepare awritten report, identifying the property seized and the location where the prop erty is being detained and forward a copy of the report to the Clerk of the Court in the magisterial district where the property is being detained.
(2) A magistrate shall, on application, provide a copy of the report- (a) to the person from whom the property was seized; and (b) to any other person who appears to the Magistrate to have an interest in the property.

(3) A request under subsection (2) by a person, other than the person from whom the property was seized, shall be in writing and supported by affidavit sworn to by the person making the request.

29.

(1) Where property has been seized under section 27, R~tum of property .
otherwise than because it may afford evidence of the commission 'cozed.

of a scheduled offence, any person who claims an interest in the property may apply to the Court for an order that the property be returned to him.
(2) Where a person makes an application under subsec tion (1) and the Court is satisfied that- (a) the person is entitled to possession ofthe property; (b) the property is not tainted property in relation to the scheduled offence; and (e) the person in respect of whose conviction, charg ing or proposed charging the seizure of the prop erty was made has no interest in the property, the Court shall order the Commissioner to return the property to the person, and the Commissioner shall arrange for the property to be returned.
46 1993 PROCEEDS OF CRIME ACT4 (3) Where- (a) at the time when the propeny was seized, an infor mation had not been laid in respect of a scheduled offence; (b) propeny has been seized under section 27, other wise than because it may afford evidence as to the commission of an offence; (c) at the end ofthe period offony-eight hours after the time when the propeny was seized, an information has not been laid in respect of a scheduled offence, the Commissionershall, subject to subsections (5) and (6), arrange for the propeny to be returned to the person from whose possession it was seized as soon as practicable after the end of that period.
(4) Where- (a) propeny has been seized under section 27, other wise than because it may afford evidence as to the commission of a scheduled offence; (b) either ofthe following conditions is satisfied, that is to say- (i) before the propeny was seized, a person had been convicted of a scheduled offence or an information has been laid in respect of a sched uled offence; or (ii) before the propeny was seized, an information had not been laid in respect of a scheduled offence, but an information was laid in respect of a scheduled offence within fony-eight hours afterthe time when the propeny was seized; and (c) no forfeiture order has been made against the prop .eny within the period of founeen days after the propeny was seized, the Commissioner shall, subject to subsections (5) and (6), arrange for the propeny to be returned to the person from whose possession it was seized as soon as practicable after the end of that period.
1993 PROCEEDS OF CRIME ACT4 47 (5) Where- (a) property has been seized under section 27. other wise than because it may afford evidence as to the commission of a scheduled offence; (b) but for this subsection.

the Commissioner would be required to arrange for the property to be returned to aperson as soon as practicable after the end of a particular period; and (c) before the end ofthat period.

a restraining order is made in relation to the property.
the Commissioner shall - (d) arrange for the property to be given to the Regis trarin accordance with the restraining order.

ifthe restraining order directs the Registrar to take cus tody and control of the property; (e) arrange for the property to be kept until it is dealt with in accordance with any otherprovisionofthis Act.

if the Court that made the restraining order has made an order under subsection (6) in relation to the property.
(6) Where- (a) property has been seized under section 27. other wise than because it may afford evidence as to the commission of a scheduled offence; (b) a restraining order is made in relation to the property; and (c) at the time when the restraining order is made.

the property is in the possession ofthe Commissioner.

the Commissioner may apply to the Court that made the restrain ing order for an order that he retain possession of the property.

and the Court may.
and the Court may.

if satisfied that there are reasonable grounds for believing that the property may afford evidence as to the commis sion of a scheduled offence or any other offence.

make an order 48 1993 PROCEEDS OF CRIME ACT 4 ( that the Commissioner retain the propeny for so long as the propeny is so required as evidence as to the commission of that offence.
(7) Where the Commissioner applies to the Coun for an order under subsection (6), a witness shall not be required to answer any question or to produce any documentifthe Coun is satisfied that the answering of the question or the production of the document may prejudice the investigation of, or the prosecution of a person for, an offence.
(8) Where- (a) propeny has been seized under section 27, other wise than because it may afford evidence as to the commission of a scheduled offence; (b) an application is made for a restraining order or a forfeiture order in respect of the propeny; (e) the application is refused; and (d) at the time when the application is refused, the propeny is in the possession of the Commissioner, the Commissionershall arrange for the propeny to be returned to the person from whose possession it was seized as soon as practicable after the refusal.
(9) Where- (a) propeny has been seized under section 27; and (b) while the propeny is in the possession of the Com missioner aforfeiture orderis made in respect ofthe propeny, the Commissioner shall deal with the propeny as directed by the order.

Restraining Orders Application for restraining order.

30.
30.

(l) Where a person, (in this section and section 31 called "the defendant") - 1993 PROCEEDS OF CRIME ACT4 49 (a) has been convicted of a scheduled offence; or (b) has been charged with a scheduled offence, the Director of Public Prosecutions may apply to the Court for a restraining order against any realisable property held by the defendant or specified realisable property held by a person other than the defendant.
(2) An application for a restraining order may be made ex parte and shall be in writing and be accompanied by an affidavit stating - (a) where the defendant has been convicted of a scheduled offence, the scheduled offence for which the defendant was convicted, the date of the con viction, the Court before which the conviction was obtained and whether an appeal has been lodged against the conviction; (b) where the defendant has not been convicted of a scheduled offence, the scheduled offence for which he is charged and the grounds for believing that the defendant committed the offence; (c) a deseription of the property in respect of which the restraining order is sought; (d) the name and address ofthe person who is believed to be in possession of the property; (e) the grounds for the belief that the property is tainted property in relation to the offence; if) the grounds for the belief that the defendant de rived a benefit directly or indirectly from the commission of the offence; (g) where the application seeks a restraining order against property of a person, other than the de fendant, the grounds for the belief that the prop erty is tainted property in relation to the offence and is subject to the effective control of the de fendant; 50 1993 PROCEEDS OF CRIME ACT4 c (h) the grounds for the belief that a forfeiture order or a confiscation order may be oris likely to be made under this Act in respect of the property.
Renniniog orderL 31.

(1) Subject to this section, where the Director of Public Prosecutions applies to the Court for a restraining order against property and the Court is satisfied that - (a) the defendant has been convicted of a scheduled offence, or has been charged with a scheduled offence; (b) there are reasonable grounds for believing that the defendant committed the offence.
where the de fendant has not been convicted of a scheduled offence; (c) there is reasonable cause to believe that the property is tainted property in relation to an offence or that the defendant derived a benefit directly or indi rectly from the commission of the offence; (d) there are reasonable grounds for believing that the property is tainted property in relation to an offence and that the property is subject to the effective control of the defendant, where the application seeks- a restraining order against prolJCrty of a person other than the defendant; and (~) there are reasonable grounds for believing that a forfeiture order or a confiscation order is likely to be made under this Act in respect of the property, the Court may make an order - if) prohibiting the defendant or any person from dis posing of, orotherwise dealing with, the property or such part thereofor interest therein as is specified in the order, except in such manner as may be speci fied in the order; and (g) at the request ofthe DirectorofPublic Prosecutions, where the COllrt is satisfied that the circumstances so require- 1993 PROCEEDS OF CRiME ACT4 51 (i) directing the Registrar or such other person as the Court may appoint to take custody of the property or such part thereof as is specified in the order and to manage orotherwise deal with all or any part of the property in accordance with the directions of the Court; and (Ii) requiring any person having possession of the property to give possession thereof to the Registrar or to the person appointed under subparagraph (i) to take custody and control of the property.
lL.)
An order under subsection (I) may be made subject to such conditions as the Court thinks fit and, without limiting the generality of this, may make provision for meeting, out of the property or a specified part of the property, all or any of the following - (a) the person's reasonable living expenses (includ ing the reasonable living expenses of the person's dependants, (if any) and reasonable business ex penses; (b) the person's reasonable expenses in defending the criminal charge and any proceedings under this Act.
(3) In detennining whether there are reasonable grounds for believing that property is subject to the effective control of the defendant the Court may have regard to the matters referred to in section 22(2).

(4) Where the Registrar or other person appointed under subsection (1)(g)(i) is given adirection in relation to any property, the Registrar or that other person may apply by summons to the Court for directions on any question respecting the management or preservation of the property under his control.
(5) An application under subsection (4) shall be served upon all persons interested in the application or such of them as the Court thinks expedient and all such persons shall be at liberty to appear at the hearing and be heard.

, ( 52 1993 PROCEEDS OF CRIME ACT4 (6) The Registrar or other person appointed under subsec tion (I)(g)(i) in acting on directions given by the Court shall be deemed to have discharged his duty in the subject matter of the application.

Undenakings by State.

32.


(I) Before making anorderundersection 31, the Court may require the State to give such undertakings as the Court considers appropriate with respect to the payment of damages or costs, or both, in relation to the making and execution of the order.
(2) For the purposes of this section, the Director of Public Prosecutions may, after consultation with the Attorney General, on behalfofthe State, give to the Court such undertakings with respect to the payment of damages or costs, or both, as are required by the Court , " Notice of applica lion for restraining order.

33.
33.

(1) Subject to subsection (2), before making a restraining order, the Courtmay require notice to be given to, and may hear, any person who, in the opinion of the Court, appears to have an interest in the property.

(2) No notice shall be given under subsection (I), if the Court is of the opinion that giving such notice before making the order would result in the disappearance, dissipation or reduction in value of the property.

Service of restraining order.

34.


A copy of a restraining order shall be served on a person affected by the order in such manner as the Court directs or as may be prescribed by rules of court.

Regislration of restraining order.

CII.4:70.

35.

(I) A copy of a restraining order which affects lands, tenements orhereditaments in Dominica shall be registered with the Registrar of the High Court in accordance with the Judgments Act, and with the Registrar of Titles.

CII.56:5O.
CII.56:5O.

(2) A restraining order is of no effect with respect to registered land unless it is registered as a charge under the Title by Registration Act.

1993 PROCEEDS OF CRIME ACT4 53 (3) The Director of Public Prosecutions shall be treated for the purposes of section 114 of the Title by Registration Act.

as Ch.

56,50. a person entitled to stay the registration of dealing with land to which a restraint order relates.
(4) Where particulars of a restraining order are recorded or registered, as the case may be, in accordance with the Judgments Ch.4070.

Act or the Title by Registration Act, a person who subsequently Ch.56,5O.

deals with the property shall, for the purposes of section 36. be deemed to have notice of the order at the time of the dealing.

36.

(I) A person who knowingly contravenes a restraining Conlr~~eOlion of order by disposing of.

or otherwise dealing with.

property that is rennllnlOg o,de'.


subject to the restraining order commits an indictable offcnce punishable upon conviction by - (a) a fme ofone hundred thousand dollars and impris onment for a period of five years.

in the case of a natural person; or (b) a fine of five hundred thousand dollars, in the case of a body corporate.

(2) Where arestraining order is made againstproperty and the property is disposed of, or otherwise dealt with.

in contraven tion ofthe restraining order.


and the disposition or dealing was not for sufficient consideration ornot in favour of a person who acted in good faith and without notice.

the Director of Public Prosecu tions may apply to the Court that made the restraining order for an order that the disposition or dealing be set aside.
(3) Where the Director of Public Prosecutions makes an application under subsection (2) in relation to a disposition or dealing, the Court may - (a) set aside the disposilion or dealing as from the day onwhich the disposition or dealing took plaee; or (b) set aside the disposition ordealing as from the day of the order under this subsection and declare the respective rights of any person who acquired interests in the property on, or after the day on 54 1993 PROCEEDS OF CRIME ACT4 '--.. which the disposition or dealing took place, and before the day of the order under this subsection.
Duration of restraining order.

37.

A restraining order rcmains in force until- (a) (b) (c) it is revoked or varied under section 38; it ceases to be in force under section 39; or a forfeiture order or a confiscation order, as the case may be, is made in respect of property which is the subject of the order; or (d) the property which is thc subject of the order becomes forfeited to the State under uny .

::hcr ~nactrnent.
::hcr ~nactrnent.

Review ofSearch Warrants and Restraining Orders Review of search warrants and restraining orders.

38.
38.

(I) Aperson who has an interest in property that was seized under a warrant issued pursuant to section 24 orin respect of which a restraining order was made may, at any time, apply to the Court- (a) for an order under subsection (4); or (b) for permission to examine the property', (2) An application under subsection (I) shall not be heard by the Court unless the applicant has given to the DirectorofPublic Prosecutions at least three days clear notice in writing of the application.
(3) The Court may require notice of the application to be given to, and may hear, any person who, in the opinion ofthe Court, appears to have an interest in the property.
(4) On an application made under subsection (I)(a) in re spectofany property, the Court may,after hearing the applicant, the Director of Public Prosecutions and any other person to whom notice was given pursuant to subsection (3), order that the property or any part thereof be returned to the applicant or, in the case of a restraining order, revoke the order or vary the order to exclude the 1993 PROCEEDS OF CRIME ACT4 5S propeny or any interest in the propeny or any pan thereoffrom the application of the order, or make the order subject to such condi tions as the Coun thinks fit - (a) if the applicant enters into a recognizance before the Coun, with or without sureties, in such amount and with such conditions, as the Coun directs and, where the Coun considers it appropriate, deposits with the Coun such sum of money or other valu able security as the Court directs: (b) if the conditions referred to in subsection (S) are satisfied; or (c) for the purpose of - (i) meeting the reasonable living expenses of the person who was in possession ofthe property at the time the warrant was executed or the order was made or any person who, in the opinion of the Court, has an interest in the property and of the dependants ofthat person; (ii) meeting the reasonable business or legal ex penses of a person referred to in subparagraph (i).
(5) An orderunder subsection (4)(b) in respect ofproperty may be made by the Court if the Coun is satisfied - (a) that a warrant should not have been issued pursu ant to section 24 or a restraining order should not have been made, in respect of that property; or (b) that the applicant is thc lawful owner of, or law fully entitled to possession of, the property and appears innocent ofany complicity in a scheduled offence or of any collusion in relation to such an offence; and (c) that the property will no longer be required for the purpose of any investigation or as evidence in any proceedings.
56 1993 PROCEEDS OF CRIME ACT 4 Automatic expiry of restraining orden.

(6) On an application made to the Court under subsection (1)(b), the Court may order that the applicant be permitted to examine property subject to such terms as appear to the Court to be necessary or desirable to ensure that the property is safeguarded and preserved for the purpose for which it may subsequently be re quired.

39.
39.

(1) Subject to this section, where a restraining order has been made in relation to property, the restraining order shall not continue in force for a period ofmore than six months after the time ofthe making ofthe order unless before the expiration ofthat period, the Director of Public Prosecutions applies to the Court that made the order for an extension of the period of operation of the order.
(2) Where the Director of Public Prosecutions applies under subsection (1) for an extension of the period of operation of a restraining order and the Court is satisfied- (a) that a forfeiture order may be made in respect of the property or part thereof; or (b) that a confiscation order may be made against a person in relation to property which is the subjectof a restraining order, the Court may extend for a specific period the period of operation of the restraining order and make such other order as it considers appropriate in relation to the operation of the restraining order; and the Court may, on application by the Director of Public Prosecu tions, grant such further extensions and make such further orders as itconsiders appropriate in relationto the operationofthe restraining order.
Disposal of property seized or dealt wilh.

40.
Subject to this section, where the Court is satisfied that property will no longer be required for the purposes ofsection 9, 16 or 17 of this Act or any other enacUTIent providing for forfeiture or for the purpose of any investigation or as evidence in any proceed ing, the Court shall, on the application of the Director of Public Prosecutions or any person having an interest in the property or on the Court's own motion- 1993 PROCEEDS OF CRIME ACT4 57 (a) where a restraining order has been made in relation to any propeny, revoke the order, (b) where a recognizance has been entered into pursuant to section 38, cancel the recognizance; and (c) where property has been seized under a warrant issued pursuantto section 24 or where the propeny is under the control of a person appointed pursuant to section 31(1)(g)- (i) (ii) if possession of it by the person from whom it was taken is lawful, order that it be returned to that person; if possession of it by the person from whom it was taken is unlawful and the lawful owner or person whois lawfully entitled to its possession is known, order that it be returned to the lawful owner or the person who is lawfully entitled to its possession; or (iii) if possession of it by the person from whom it was taken is unlawful and the lawful owner or person who is lawfully entitled to its possession is not known.
order that it be forfeited to the State.

to be disposed of or otherwise dealt with in accordance with the law.

Production Orders.

and other Information Gathering Powers 41.

(I) Where- Production and inspeaion orden.
(a) aperson has beenconvictedofascheduledoffence and a police officer has reasonable grounds for suspecting that a person has possession or control of- (i) adocument relevant to identifying, locating or quantifying propeny of the person who com mitted the offence or to identifyingor locating 58 1993 PROCEEDS OF CRIME ACT4 a document necessary for the transfer of prop eny of the person who committed the offence; (ti) a document relevant to identifying, locating or quantifying tainted propeny in relation to the offence or to identifying or locating adocument necessary for the transfer of tainted propeny in relation to the offence; or (b) a police officer has reasonable grounds for suspect ing that a person has committed a scheduled of fence and that a person has possession or control of any document referred to in paragraph (a), the police officer may apply to a Judge in Chambersin accordance with subsection (2) for an order under subsection (5) against the person suspected of having possession or control of a document of the kind referred to in paragraph (a) or against the person referred to in paragraph (b).
(2) An application under subsection (1) shall be made ex parte and shall be in writing and be accompanied by an affidavit.
(3) Where a police officer applies for an order under sub section (5) in respect of a scheduled offence and includes in the affidavit a statement to the effect that the officer has reasonable grounds to believe that - (a) the person who was convicted ofthe offence or who is believed to have committed the offence, derived abenefit directly orindirectly from the commission of the offence; and (b) propeny specified in the affidavit is subject to the effective control of the person referred to in para graph (a), the Judge may treat any document relevant to identifying,locating or quantifying that propeny as a document in respect of which an order may be issued under subsection (5).
(4) In determining whether to treat a document relevant to identifying, locating or quantifying propeny referred to in subsec- ) 1993 PROCEEDS OF CRIME ACT4 59 tion (3) as a document in respect of which an order may be issued under subsection (5), the Judge may have regard to the maners referred to in section 22(2).
(5) Where an application is made under subsection (1) for an order against aperson, the Judge may, subject to subsections (6) and (7) make an order requiring the person to - (a) produce to a police officer any documents of the kind referred to in subsection (1) that are in the person's possession or control; or (b) make available to a police officer for inspection, any documents of the kind referred to in subsec tion (1) that are in the person's possession or control.
(6) An order under subsection (5)(a) shall not be made in respect of accounting records used in the ordinary business of banking including ledgers, day-books, cash books and account books.

(7) A Judge shall not make an order under this section unless - (a) the applicant or some other person has given the Judge.
either orally or by affidavit, such informa tion as the Judge requires concerning the grounds on which the order is sought; and (b) the Judge is satisfied that there arc reasonable grounds for making the order.

(8) An order that a person produce a document or docu ments to a police officer shall specify the time when, and the place where.

the document is or the documents are to be produced.
(9) An orderthat aperson make adocument or documents available to apolice officer forinspcction shall specify the time or times when the document is or tilC documents are to be made available.

60 1993 PROCEEDS OF CRIME ACT 4 Scope of police powers under production order.

ete.

42.
ete.

42.

(1) Where a document is produced to a police officer pursuant to an order under section 41. the police officer may - (a) inspect the document; (b) take extracts from the document; (e) make copies of the document; or (d) retain the document if.

and for so long as.

retention of the document is reasonably necessary for the purposes of this Act.
(2) Where a document is made available to a police officer for inspection pursuant to an order under section 41, the police officer may - (a) inspect the document; (b) take extracts from the document; or (e) make copies of the document.
(3) Where a police officer retains a document pursuant to an order under section 41. the police officer shall either- (a) give the person to whom the order was addressed a copy ofthe document certified by the police officer in writing to be a true copy of the dOCument re tained; or (b) permit the person to- (i) inspect the document; (Ii) take extracts from the document; or (iii) make copies of the document.

Evidential value of infonnation.

43.


(1) Where a person produces or makes available a docu ment pursuant to an order under section 41 the productionor making available of the document.

or any information.

document or thing obtained as a direct or indirect consequence of the production or making available of the document, is not admissible against the person in any criminal proceedings except a proceeding for an offence against section 45. )
1993 PROCEEDS OF CRIME ACT4 61 (2) For the purposes of subsection (l), proceedings on an application for a restraining order, a forfeiture order or a conftsca tion order are not criminal proceedings.
(3) A person is not excused from producing or making available a document when required to do so by an order under section 41 on the grounds that - (a) the production or making available of the docu ment might tend to incriminate the person ormake the person liable to a penalty; or (b) the production or making available ofthe document would be in breach of an obligation, whether imposed by enactment or otherwise, ofthe person not to disclose the existence or contents of the document.

44.
44.

Where a Judge makes a production order requiring a Variatioo of .

producuon order.

person to produce a document to a police officer, the person may apply to the Judge or another Judge for avariation of the order and if the Judge hearing the application is satisfted that the document is essential to the business activities of the person, the Judge may vary the production order so that it requires the person to make the document available to a police officer for inspection.

45.
45.

(1) Where a person is required by a production order 'to F~i1ure to ~ply WIth produclJon order.
produce a document to a police officer or make a document available to a police officer for inspection, the person commits an offence against this subsection if the person- • (a) contravenes the order without reasonable excuse; or (b) in purported compliance with the order produces or makes available a document known to the person to be false or misleading in a material particular without - (i) indicating to the police officer to whom the document is produced or made available that 62 1993 PROCEEDS OF CRIME· ACT4 Search warrant to facilitate investiga tions.
the document is faIse or misleading and the respect in which the document is faIse or mis leading; and (ii) providing correct information to the police of ficer if the person is in possession of, or can reasonably acquire, the correct information.
(2) An offence against subsection (I) is punishable upon summary conviction by - (a) a fme often thousand dollars and imprisonment for aperiod oftwo years, where the offenderis anatural person; (b) a fine of fifty thousand dollars, where the offender is a body corporate.

46.
46.

(I) Where- (a) a person is convicted of a scheduled offence and a police officer has reasonable grounds for suspect ingthat there isin any premises any documentofthe type specified in section 41; or (b) a police officer has reasonable grounds for suspect ing that a person has committed a scheduled of fence and there is in any premises any document of the type specified in section 41, the police officer may apply to a Judge for a warrant under subsection (2) to search the premises.
(2) When an application is made under this section for a search warrant, the Judge may, subject to subsections (3) and (4), issue a warrant authorising a police officer (whether or not named in the warrant) with such assistance and by such force as is necessary and reasonable - (a) to enter the premises; (b) to search the premises for documents of the kind referred to in subsection (I); and 1993 PROCEEDS OF CRIME ACT 4 63 ) (c) to seize and retain any document found in the course of the search that in the opinion of the police officer is likely to be of substantial value (whether by itself or together with other docu ments) to the investigation in respect of which the application is made.
(3) AJudge shall not issue a search warrant under subsec tion (2) unless the Judge is satisfied that - (a) a production order has been made in respect ofthe document and has not been complied with; (b) a production order in respect of the document would be unlikely to be effective because there are reasonable grounds to suspect that such a produc tion order would not be complied with; (c) the document involved cannot be identified or described with sufficient particularity to enable a production order to be made in respect of the document; (d) it is not practicable to communicate with any person having the power to grant entry to the premises; or (e) entry to the premises will not be granted unless a warrant is produced; or if) the investigation for the purposes of which the application is made might be seriously prejudiced unless the police officer is granted immediate access to the document without notice of any person.
(4) AJudge shall not issue asearch warrant under subsec tion (2) unless - (a) the applicant or some other person has given the Judge.

either orally or by affidavit.

any further information that the Judge requires concerning the grounds on which the search warrant is sought; and 64 1993 PROCEEDS OF CRIME· ACT4 o (b) the Judge is satisfied that there are reasonable grounds for issuing the search warrant.
(5) A search warrant issued under this section shall state - (a) the purpose for which the warrant is issued, includ ing a reference to the scheduled offence that has been, or is believed to have been, committed; (b) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; (c) adescription ofthe kind ofdocuments authorised to be seized; and (d) the date, notbeing laterthan twenty-eight days after the day of issue of the warrant, upon which the warrant ceases to have effect (6) Where a police officer enters premises in execution of a warrant issued under this section, he may seize and retain - (a) any document, other than items subject to legal privilege, which is likely to be of substantial value (whether by itself or together with other docu ments) to the investigation forthe purpose of which the warrant was issued; and (b) any thing, other than items subject to legal privi lege, which the police officer believes on reason able grounds.
will afford evidence as to the com mission of a criminal offence.
(7) In this section the expression "item subject to legal privilege" means - (a) communications between an attorney-at-law and his client; and (b) communications made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings, ) 1993 PROCEEDS OF CRIME ACT 4 65 being communications which would in legal proceedings be protected from disclosure by virtue of any rule of law relating to the confidentiality of communications; "premises" includes any place and in particular any building, receptacle or vehicle.
Monitoring Orders 47.

(I) A police officer may apply to a Judge in Chambers in Monitoring orders.

accordance with subsection (2) for an order (in this section called a "monitoring order") directing a financial institution to give information to a police officer.

(2) An application under subsection (I) shall be made ex parte and shall be in writing and be accompanied by an affidavit.
(3) A monitoring order shall direct a financial institution to disclose information obtained by the institution about transac tions conducted through an account held by a particular person with the institution.

(4) A monitoring order shall apply in relation to transac tions conducted during the period specified in the order, being a period commencing not earlier than the day on which notice ofthe order is given to the financial institution and ending not later than three months after the date of the order.
(5) A Judge shall not make a monitoring order unless he is satisfied that there are reasonable grounds for suspecting thatthe person in respect of whose account the information is sought - (a) has committed, oris about to commit a scheduled offence; (b) was involved in the commission, oris about to be involved in the commission of a scheduled of fence; or (e) has benefited directly or indirectly, or is about to benefit directly or indirectly, from the commis sion of a scheduled offence.
66 1993 PROCEEDS OF CRIME· ACT4 o (6) A monitoring order shall specify - (a) the name or names in which the account is believed to be held; (b) the class of infonnation that the institution is re quired to give; and (c) the name ornames ofthe police officerto whom the infonnation is to be given and the manner in which the infonnation is to be given.
(7) Where a financial institution is, or has been, subject to amonitoring order, the fact that the monitoring orderhas been made shall be disregarded for the purposes of the application ofsections 60 and 61 in relation to the institution.

I (8) Where a financial institution that has been given notice .
of a monitoring order knowingly - (a) contravenes the order; or (b) provides false or misleading infonnation inpur- ported compliance with the order, the institution commits an offence against this subsection and is liable on summary conviction to a fine of five hundred thousand dollars.
(9) A refen;nce in this section to a transaction conducted through an account includes a reference to - (a) the making of a fixed tenn deposit; (b) in relation to a fixed tenn deposit, the transfer ofthe amount deposited or any part thereof, at the end of the tenn; and (c) the opening, existence or use of a deposit box held by the institution.
(10) A monitoring order made under this section shall have effect notwithstanding any obligation to secrecy orother restriction upon the disclosure ofinfonnation imposed by statute or otherwise.

• ·, .,, • 1993 PROCEEDS OF CRIME ACT4 67 48.

(I) A financial institution that is, or has been, subject to a Monitoring orden nol monitoring order shall not disclose the existence: or the operation to be disclosed.
of the order to any person except - (a) an officer or agent of the institution, for the pur pose ofensuring that the orderis complied with; or (b) an attorney-at-law, for the purpose of obtaining legal advice or representation in relation to the order; or (c) the Commissioneror apolice officer authorised in writing by the Commissioner to receive the infor mation, (2) A person referred to in subsection (1)(a), (b) or (c) to whom a disclosure of the existence or operation of a monitoring orderhas been made, whetherin accordance with subsection (I) or a previous application of this subsection or otherwise, shall not- (a) disclose the existence or operaIion of the order except to another person referred to in the said subsection (I) for the purposes of- (i) the performance of that person's duties, if the disclosure is made by the Commissioner or a police officer; (ii) ensuring that the order is complied with or obtaining legal advice or representation in relation (0 the order, if the disclosure is made by an officer or agent of the institution; or (iii) giving legal advice or making representations in relation to the order, if the disclosure is made by an attorney-at-law; or (b) subject to paragraph (a).
make a record of.

or dis close, the existence or the operation ofthe order in any circumstances, even when he ceases to be a person referred to in subsection (I).

68 1993 PROCEEDS OF CRIME ACT4 (3) Nothing in subsection (2) prevents the disclosure by a person referred to in subsection (1)(c) of the existence or operation of a monitoring order - (a) for the purposes of, or in connection with, legal proceedings; or (b) in the course of proceedings before a court.
.~, (4) A person referred to in subsection (l)(b) shall not be required to disclose to any court the existence or operation of a monitoring order.

(5) A person who contravenes subsection (1) or (2) com mits an offence and is liable on summary conviction to - (a) afme of twenty thousand dollars and imprisonment for a period of three years, in the case of a natural person; or (b) a fme of one hundred thousand dollars, in the case of a body corporate.
(6) Areference in this section to disclosing the existence or operation of a monitoring order to a person includes a reference to disclosing information to the person from which that person could reasonably be expected to infer the existence or operation of the monitoring order.

Obligations ofFinancial Institutions Retention of records offmancial institutions.

49.
(1) Subject to this section, and to section 50, a financial institution shall retain, in its original form for the minimum reten tion period applicable to the document- (a) a document that relates to a financial transaction carried out by the institution in its capacity as a financial institution and, without limiting the gen erality of this, includes a document that relates to- (i) the opening or closing by aperson ofan account with the institution; 1993 PROCEEDS OF CRIME ACT4 69 (ii) (iii) (iv) (v) the operation by a person of an account with the institution; the opening or use by aperson of a deposit box held by the institution; the telegraphic or electronic transfer of funds by the institution on behalf of a person to another person; the transmission of funds between Dominica and a foreign country or between foreign countries on behalf of a person; or (vi) an application by a person for a loan from the institution.
where a loan is made to the person pursuant to the application; and (b) a document that relates to a financial transaction carried out by the institution in its capacity as a financial institution that is given to the institution by or on behalf of the person.

whether or not the document is signed by or on behalfof the person.

(2) For the purposes of this section.

the expression "mini mum retention period" means - (a) where the document relates to the opening of an account with the institution.
the period of seven years after the day on which the account is closed; (b) where the document relates to the opening by a person of adeposit box held by the institution.

the period of seven years after the day on which the deposit box ceases to be used by the person; and (c) in any other case.

the period of seven years after the day on which the transaction takes place.

(3) Subsection (I) docs not apply to afmancial transaction document that relates to a single deposit.

credit.

withdrawal.


debit or transfer of an amount of money that docs not exceed five thousand dollars or such larger amount as may be prescribed for purposes of this subsection.

70 1993 PROCEEDS OF CRIME ACT 4 (4) A financial institution required to retain documents under this section shall retain them on microfilm or in such other manner that makes retrieval of the information contained in the document or the documents as the case may be reasonably practi cable.
(5) A financial institution that contravenes subsection (1) or (4) commits an offence against this section and is liable.

on summary conviction.

to a fine of ten thousand dollars.

(6) This section does not limit any other obligation of a financial institution to retain documents.

so.
so.

(1) Where a financial institution is required by law to release the original of a document before the end of the minimum retention period applicable to the document, the institution shall retain a complete copy of the document until the period has ended or the original document is returned, whichever occurs first.

(2) A financial institution shall maintain a register ofdocu ments released under subsection (1).
(3) A financial institution that contravenes subsection (1) or (2) commits an offence against this section and is liable.

on summary conviction, to a fine of ten thousand dollars.

.. Register of original documents.

Communication of information to law enforcement aUlhorities.

51.
51.

(1) Where a financial institution has information about an account held with the institution and the institution has reasonable grounds for believing that - (a) the information may be relevant to an investigation of, or the prosecution of, a person for an offence; or (b) the information would otherwise be of assistance in the enforcement ofthis Act or any regulations made thereunder, the institution may give the information to a police officer or the Director of Public Prosecutions.

(2) An action.
(2) An action.

suit or proceedings does not lie against (a) a financial institution; or 1993 PROCEEDS OF CRIME ACT 4 71 (b) an officer, employee or agent of the institution acting in the course ofthe person's employmentor agency, in relation to an action taken by the institution or person pursu ant to subsection (I).

52.

Where a financial institution, or aperson whois an officer, Protectioo for employeeoragent oftheinstitution, gives the information pursuant rlnancial institution.
to section 51(1) as soon as practicable after forming the belief referred toin that subsection, the institutionshall, ifthe information was given by or on behalf of the institution, be taken for the purposes of sections 60 and 61 not to have been in possession of that information at any time.

53.

For the purposes of sections 47 to 52, "fmancial institu- Financial Institution.

tion" means - (a) (b) (c) (d) a bank licensed ~nder the Banking Act; (I of 1991].
a building society registered under the Building So- Ch.31,60.

cieties Act; a credit union registered under the Co-operative Ch.78,03.

Societies Act; a trust company, finance company or deposit taking company, recognised by the Minister responsible for Finance as such.

Order for Disclosure ofIncome Tax Information f • 54.

(I) The Director of Public Prosecutions may for the pur- Appl;eatioo f~r poses 0 an mvestlgation m re auon to a sc e u e 0 ience app y tax infonnation.
to a Judge in accordance with subsection (2) for an order for disclosure of information under section 55. .

.

.
I ' h did fC I dlSciosore of Income (2) An application under subsection (I) may be made ex parte and shall be in writing and be accompanied by an affidavit sworn on the information and belief of the Director of Public 72 1993 PROCEEDS OF CRIME ACT4 Prosecutions or a person specially designated by the Director of Public Prosecutions for that purpose deposing to the following matters, namely- (a) the scheduled offence under investigation; (b) the person in relation to whom the information or documents referred to in paragraph (e) are required; (e) the type of information or book, record, writing, return or other document in the possession of the Comptroller of Inland Revenue to which access is sought or that is proposed to be examined or com municated; and (d) the facts relied on tojustify the belief, on reasonable grounds, that the person referred to in paragraph (b) has committed or benefited from thecommission of an offence referred to in paragraph (a) and that the information or documents referred to in paragraph (e) are likely to be of substantial value, whether alone or together with other material, to the inves tigation for the purpose of which the application is made.
,.. Order for disclosure.

55.
(1) Notwithstanding any provision in any other law, where the Judge to whom an application under section 54 is made is satisfied - (a) of the matters referred to in paragraph (d) of sub section (2) of section 54; and (b) that there are reasonable grounds for believing that it is in the public interest to allow access to the information or documents to which the application relates, having regard to the benefit likely to accrue to the investigation if the access is obtained, the Judge may, subject to such conditions as the Judge considers advisable in the public interest, order the Comptroller of Inland Revenue- 1993 PROCEEDS OF CRIME ACT4 73 (c) to allow the DirectorofPublic Prosecutions or any other person named in the order access to all such information and documents and to examine them; or (d) where the Judge considers it necessary in the circumstances, to produce all such information and documents to apersonreferredtoinparagraph (c) above and allow such person to remove the information and documents from the possession of that person.
within such period as the Judge may specify after the expirationof seven days following the service of the order on the Comptroller ofInland Revenue pursuant to subsection (2).

(2) A copy of an order made bya Judge under this section shall be served on the Comptroller of Inland Revenue in such manner as the Judge directs.

(3) A Judge who makes an order under this section may.

on application of the Comptroller of Inland Revenue or of the Director of Public Prosecutions.
extend the period within which the order is to be complied with.

56.

(I) The ComptrollerofInland Revenue may objectlo the Objection to disclosure of any information or document in respect of which an discl~:ure of income order under section 55 has been made by certifying in writing that the information or document should not be disclosed on the grounds that- tax uuonnatlon.
(a) the Comptroller of Inland Revenue is prohibited from disclosing the information or document by any bilateral or international treaty.
conventionor other agreement respecting taxation to which Dominica is a signatory; (b) a privilege is attached by law to the information or document; (c) the information or document has been placed in a scaled package pursuant to law or an order of a court of competent jurisdiction; , [)' C;V 74 1993 PROCEEDS OF CRIME ACT4 (d) disclosure of the information or document would not for any other reason be in the public interest.
(2) Where an objection to the disclosure of information or a document is made under subsection (1) the objection may be determined on application by the Comptroller ofInland Revenue or the Director of Public Prosecutions to a Judge in Chambers made not later than fourteen days from the date of the objection.

(3) A Judge who is to determine an objection pursuant to subsection (2) may.

if the Judge considers it necessary.


examine the information or document in relation to which the objection is made and shall grant the objection and order that disclosure of the information or document be refused where the Judge is satisfied as to any of the grounds mentioned in subsection (1).
(4) An appeal lies from a determination under subsection (2) to the Court of Appeal and shall be brought within fourteen days from the date of the detenninalion appealed from or within such further time as the Coun of Appeal considers appropriate in the circumstances.

Evidential value of copies.

57.
Where any information or document is examined or pro vided pursuant to an order under section 55. the person by whom it is examined or to whom it is provided or any officer or person authorised by the Comptroller of Inland Revenue for the purpose, may make or cause to be made one or more copies thereof and any copy purporting to be certified by the Comptroller of Inland Revenue to be a copy made pursuant to this section is evidence of the nature and content of the original information or document and has the same probative force as the original infonnation or docu ment would have had ifit had been proved in the ordinary way.
Funher disclosure.

58.

No person to whom information or documents have been disclosed or provided pursuant to an order under section 55 shall further disclose the information or documents except for the pur poses of the investigation in relation to which the order was made.

and proceedings under this Act.

1993 PROCEEDS OF CRIME ACT 4 75 Access to Specified Information and Docwnents Held by Government Departments, etc.

59.
59.

Notwithstanding any provision in this or in any other law ~isclos~ of the Court may on the application by the Director of Public ~::::~ by Prosecutions order the person in charge of any Government Government department or statutory body to produce or furnish to the Director deparunentl.
of Public Prosecutions or any other person specified in the order any document or information which is in his possession or under his control or to which he may reasonably have access (not being a document readily available to the public) which the Court considers relevant to any investigation into, or proceedings relating to ascheduledoffence alleged orsuspected to have been committed by any person.

PART IV OFFENCES 60.

(1) In this section "transaction" includes the receiving or Money laundering.
making of a gift.

(2) A person who, after the commencement of this Act, engages in money laundering commits an indictable offence and is liable, on conviction, to - (a) a fine oftwo hundred thousand dollars and impris onment for a period of twenty years, if he is a natural person; or (b) a fine of five hundred thousand dollars, if it is a body corporate.
(3) Aperson shall be taken to engage in money laundering where- (a) the person engages, directly or indirectly, in a transaction that involves money or otherproperty, that is proceeds of crime; or 76 1993 PROCEEDS OF CRIME ACT4 Possession of propeny derived from unlawful activity.
(bJ the person receives, possesses, conceals, disposes of, or brings into Dominica, any money or other propeny that is proceeds of crime, and the person knows or ought reasonably to know, that the money or other property is derived, obtained or realised, direct) y or indirectly from some fonn of unlawful activity.

- -- 61.
- -- 61.

(l) A person who!~fteLme commencement of this Act, receh'es, wsses~es, C9~~~S, disposes of, or_~~gsilltODOm-irl:i-~a any money, or other propprtytlrathe-imows'or oUiht reasQPiifily to Wow to g prrv;,edg gfcrime commits an iridfctal5Tc'offence and is .-.- .-- -.,-....-... liable, on ronvfciio~-to::--- (oJ a fine of one hundred thousand dollars and impris onment for a period of five years, if he is a natural person; or (bJ a fine of two hundred and fifty thousand dollars, if it is a body corporate.
(2) It is a defence to a charge for an offence against this section, ifthe person satisfies the Court that he did not know or had no reasonable grounds for knowing that the property referred to in the charge was derived or realised, directly or indirectly, from some form of unlawful activity.

Organised fraud.

62.


(1) A person who engages in organised fraud commits an indictable offence and is liable on conviction, to - (oJ afine of two hundred and fifty thousand dollars and imprisonment for a period of twenty-five years, if he is a natural person; or (bJ a fine of seven hundred and fifty thousand dollars, if it is a body corporate.
(2) A person shall be taken to engage in organised fraud if he engages, after the commencement of this Act, in acts or omis sions- (a) that constitute three or more fraud offences; and 1993 PROCEEDS OF CRIME ACT4 77 (b) from which the person derives benefit (3) Where a person is charged with an offence against subsection (1) in relation to a number of fraud offences and the jury is not satisfied that the person is guilty of the offence against subsection (1), but is satisfied that the person is guilty of one or more of the fraud offences, the jury shall acquit the person of the offence against subsection (1) and shall find the person guilty of that fraud offence or those fraud offences and that person is punishable accordingly.
(4) In this section" fraud offence" means an offence under sections 16 to 21 of the Theft Act.

Ch.

10:33.

63.

(1) For the purposes of this Act, any conduct engaged in Rules for establishing on behalf of a body corporate _ m£ns rea.
(a) by a director, servant or agent of that body corpo- rate within the scope of his actual or apparent authority; or (b) by any other person at the direction or with the consent or agreement whether expressed or im plied, of a director, servant or agent of that body corporate where the giving of the direction, con sent or agreement is within the scope of the actual or apparent authority of the director, servant or agent, shall be deemed to have been engaged in by the body corporate.
(2) Where it is necessary, for the purposes of this Act, to establish the state of mind of a person in relation to conduct deemed by subsection (3) to have been engaged in by that person, it is sufficient to show that a servant or agent of that person, being a servant or agent by whom the conduct was engaged in within the scope of his actual or apparent authority, had that state of mind.
(3) Conduct engaged in on behalf of a person, other than a body corporate- (a) by a servant or agent of that person within the scope of his actual or apparent authority; or 78 1993 PROCEEDS OF CRIME ACT 4 (b) by any other person at the direction or with the consent or agreement whether expressed or im plied, of a servant or agent of the first mentioned person, where the giving ofthe direction, consent or agreement is within the scope of the actual or apparent authority of the servant or agent, shall be deemed, for the purposes ofthis Act, to have been engaged in by the first mentioned person.
(af\ reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of that person and that person's reasons for his intention, opinion, belief or purpose.

PARTY MISCELLANEOUS 64.

(1) A customs officer or a member of the Police Service may seize and, in accordance with this section, detain any cash which is being imported into or exported from Dominica if its f'V '.
rf-' amount is not less ~an ten ~ou~and doll~rs ~d he has reasonable~ i' .

grounds for suspectmg ~at.lt directly or mdirectly represe~ts any .

.)

person's proceeds of, or IS Intended by any person for use 'In drug /~ trafficking.

~ (2) On informing any person of the provisions of subsec tion (1), a customs officer or a member of the Police Service may require the person to sign a declaration as to the amount of cash being imported into or exported from Dominica.
(3) For the purposes of subsection (4), if the person who is importing orexporting the cash signs adeclaration under subsection (2) that is untrue in any material particular, the Magistrate shall receive this untrue declaration as prima facie evidence of the mat ters mentioned in paragraphs (a) and (b) of subsection (4).
(4) Cash seized by virtue of this section shall not be detained for more than forty-eight hours unless its continued detention is authorised by the order of a magistrate upon an , t" .., \ ,,' ,I seizure::r~.

I delentio~ of ca \" \ ".

I ~ 1993 PROCEEDS OF CRIME ACT 4 79 ) ~.
application made by the Comptroller of Customs or a member of \ the Police Service; and no such order shall be made unless the Magistrate is satisfied - (a) that there are reasonable grounds for the suspicion mentioned in subsection (1); and (b) that continued detention of the cash is justified while its origin or derivation is further investi gated or .consideration is given to the institution whether in Dominica or elsewhere of criminal proceedings against any person for an offence with which the cash is COImected.
(5) Any order under subsection (4) shall authorise the continued detention of the cash to which it relates for such period, not exceeding three months beginning with the date of the order, as may be specified in the order; and the Magistrate, if satisfied as to the matters mentioned in paragraphs (a) and (b) of that sub section, may thereafter from time to time by order authorise the further detention of the cash so that - , .
(a) no period of detention specified in such an order shall exceed three months beginning with the date of the order; and (b) the total period of detention shall not exceed two years from the date of the order under subsection (4).

(6) No application to the Magistrate for an order under subsection (4) or (5) shall be made by the Comptroller of Customs or a memberofthe Police Service, except with the written approval of the Director of Public Prosecutions.
(7) At any time while cash is detained by virtue of the foregoing provisions of this section - (a) the Magistrate may direct its release if satisfied (i) on an application made by the person from whom it was seized or a person by or on whose behalfit was being imponed or exponed, that 80 1993 PROCEEDS OF CRIME ACT4 ,,(/ there are no, or are no longer, any such grounds for its detention as are mentioned in subsection (4); or (ii) on an application made by any other person, that detention of the cash is not for that or any other reason justified; and (b) a customs officer or police officer may release the cash if satisfied that its detention is no longer justified but shall first notify the Magistrate under whose order it is being detained.
(8) If at a time when any cash is being detained by virtue of the foregoing provisions of this section - (a) an application for its forfeiture is made under sec tion 65; or (b) proceedings are instituted whether in Dominica or elsewhere against any person for an offence with which the cash is connected, the cash shall not be released until any proceedings pursuant to the application or, as the case may be, proceedings for that offence have been concluded.

65.
65.

(1) The Magistrate may order the forfeiture of any cash which has been seized under section 64 if satisfied, on an applica tion made by the ComptroHer of Customs or a membe rofthe Police Service while the cash is detained under that section.

that the cash directly or indirectly represents any person's proceeds of, or is intended by any person for use in, drug trafficking.
(2) No application under this section to the Magistrate shall be made by the Comptroller of Customs or a member of the Police Service, except with the written approval of the Director of Public Prosecutions.

(3) The standard of proof in proceedings on an application under this section shall be that applicable to civil proceedings; and ~ order may be made under this section whether ornot proceedings Forfeiuue of cash.
1993 PROCEEDS OF CRIME ACT4 81 <)re brought~ainst any person for an offence with which the cash in question is connected ~ (4) For the purposes of sections 64 and 65 the tenn "drug trafficking" has the same meaning assigned to it under section 2 of the Drugs (Prevention ofMisuse) Act.

Ch.40:(J1.

66•.•.Castl!i~iz,~;~JJd~rr~¢~p~q.~,fro~.,R~t~p.MJormore than... InteresL forty.eigl1t..h()utS'~h~junless ..uut: .

.... interest'be~ring>ap~9Utl< ....

.

':C.

T cashshatI be added;to.thateashofi&.

~.;:...


...................• ~:~~ldinan .·:m~99»llrlY such fe;:or:telease; 61.

(1) An order under section 64(4) shall provide for notice Procedure, to be given to persons affected by the order.

(2) Until provision is made by rules.

the procedure with respect to application to a Magistrate.

for the giving of notice of such appiications to persons affected.
for the notice of such persons as parties and generally with respect to the procedure under sections 64 and 65. shall be determined by the Magistrate.

(3) Subsection (2) is wi thout prejudice to the generality of any existing power to make rules.

68.

(1) In sections 64.

65 and 66 - "cash" includes coins, notes in any currency, travellers Cheques, Bank drafts and other negotiable instruments; Interpretation of certain e~pressions in sections 64 to 66.
"customs officer" means an officer appointed under the Customs Chap.

69:01.

(Control andManagement) Actor any statute amending or replacing the same; "expon".

in relation to any cash.

includes its being brought to any place in Dominica for the purpose of being exported.

69.

(1) The Attorney General may by Order published in the AmendmQ'llof Official Gazette amend the Schedule.

Schedule.

(2) An Order under subsection (1) shall be subject to negative resolution.
82 1993 PROCEEDS OF CRIME ACT4 Slandard of proof.

.

70.

Save as othelWise provided in this Act, any question offact to be decided by the Court in proceedings under this Act is to be decided beyond a reasonable doubt.

External forfeiture orders and confiscation orders.

71.

(I) The Attorney General may by an Order under this section apply this section to an external forfeiture order or external confiscationorderofadescription specifiedin the Minister's Order.
o (2) In this section - (0) "external forfeiture order" or"external confiscation order", as the case may be, means an order made by a court of a designated country, after the coming into force of an Order under this section, for the purpose of recovering proceeds of crime; (b) "designated country" means a country or territory outside Dominica designated by an Order under this section.
(3) Subjectto subsection (4), the Court may, on an applica· tion by or on behalf of the government of a designated country, registeran external forfeiture orderor an external confiscationorder made there.
(4) The Court shall not register an external forfeiture order or an external confiscation order unless - (0) the Court is satisfied that at the time of registration the order is in force in the designated country and is not subject to appeal there; and (b) the Court is satisfied, where the person against whom the order was made did not appear in the proceedings in the designated country, that he reo ceived notice of those proceedings in sufficient time to emible him to defend them; and (c) the Court is of opinion that enforcing the order in Dominica would not be contrary to the interests of justice.
1993 PROCEEDS OF CRiME ACT 4 83 (5) In subsection (4), "appeal" includes proceedings by way of discharging or setting aside ajudgment, an application for a new trial or for a stay of execution.

(6) The Court shall cancel the registration of an external forfeiture orderor an external confIscationorderifit appears to the Court that the order has been satisfied.
(7) In relation to an external forfeiture order or an external confIscation order registered under this section, sections 30 to 37 have effect, subject to such modifications as may be specifIed in the Order under this section, as they have effect in relation to a forfeiture order or a confiscation order.
(8) An Order under this section may include such provision- (a) as to evidence or proof of any matter for the purpose of this section; and (b) as to the circumstances in which proceedings are to be treated for those purposes as instituted or concluded in a designated country, as the Attorney General considers expedient.

(9) An Order varying or revoking a previous order under this section may contain such incidental, consequential and tran sitional provisions as the Attorney General considers expedient.
(10) In the case where the Court is satisfied, on an applica tionby or on behalfofthe government ofadesignated country, that proceedings which might result in an external forfeiture order or an external confiscation order being made against a person have been instituted in that country and have not been concluded, sections 30 and 31 have effect in relation to those proceedings - (a) as they would have effect in relation to proceed ings instituted in Dominica against that person for a scheduled offence' which have not been con cluded; and (b) as if references to a forfeiture order or a confisca tion ordcr were references to an external forfeiture 84 1993 PROCEEDS OF CRIME ACT 4 Compensation.
order or an external confiscation order and refer ences to an application by the Director of Public Prosecutions were references to an application by or on behalf of that government; and (cJ subject to such othermodifications as may be speci fied in an Order under this section.

(Il) An Order under this section is subject to negative resolution.

72.
72.

(I) Where upon the making of an application for a forfei ture order or a confiscation order the Court declines to make such an order, the Court shall on the application of a person who held realisable property order compensation to be paid to him if the requirements of subsection (2) are fulfilled.
(2) The Court shaH order compensation to be paid if the Court is satisfied - (oJ that there has been some serious default in the investigation or conduct of the matter and that, but forthat default, the application would nothave been instituted or continued; and (bJ that the applicant has suffered substantial loss in consequence of anything done in relation to the property by or in pursuance ofan order ofthe Court under section 3J.
(3) The amount of compensation to be paid under this section is such amount as the Court thinks just in all the circum stances.

(4) Compensation payable under this section shall be paid out of the Consolidated Fund.

Regulations.

73.

(I) The Attorney General may make Regulations prescrib ing matters - (oJ that are required or permitted by this Act to be prescribed; , 1993 PROCEEDS OF CRIME ACT 4 85 (b) that he deems necessary or convenient to be pre scribedfor carryingout orgiving effect to this Act.
(2) Regulations made under subsection (1) shall be sub ject to negative resolution.

74.

(1) Where- eo5tJ.

(a) a person brings.

or appears at.

proceedings under this Act before the Court in order - (i) to prevent a forfeiture.

confiscation or re straining order from being made against any property of that person; or (ii) to have property ofthat person excluded from a forfeiture.
confiscation or restraining order; (b) the person is successful in those proceedings; and (c) the Court is satisfied that that person was not involved in any way in the commission of the offence in respect of which the forfeiture.

confis cation or restraining order was sought or made.

the Court may order the State to pay all costs reasonably incurred by that person in connection with the proceedings or such part of those costs as is determined by the Court.

75.

Nothing in this Act prejudices.


limits or restricts- Operation of other laws not affected.

(a) the operation of any other law which provides for the forfeiture of property or the imposition of penalties or fines; or (b) the remedies available to the State apart from this Act.

for the enforcement of its rights and the protection of its interests; or (c) any powerofsearch or any powertoseize ordetain property which is exercisable by a police officer apart from this Act.
C', 0 86 1993 PROCEEDS OF CRlME ACT4 (Sectiim 2).

Cb.40:00.

Cb.40,00.

Cb.40,oo.

SCHEDULE List ofOffences 1.

2.

3.

4.

5.

Possession of controlled drugs for the putpOse of supply contrary to section 7(3) of the Drugs (Prevention ofMisuse) Act.

Trafficking in controlled drugs contrary to section 16 of the Drugs (Prevention ofMisuse) Act.

Assisting another to retain the benefit of drug trafficking contrary to section 17 of the Drugs (Prevention ofMisuse) Act.
Money laundering (in relation to paragraphs I, 2 and 3 of this Schedule), contrary to section 60 of this Act.

Possession of property derived from unlawful activity (in relation to paragraphs 1,2 and 3 of this Schedule), contrary to section 61 of this Act Passed in the House of Assembly this 12th day of May, 1993.

M. ALBERTHA INO.

BAPTISTE Clerk of the House ofAssembly.

DOMINICA Printed by the Government Printer at the Government Printery, Roseau (price $14.80)