Published: 1990-11-02
Key Benefits:
ARRANGEMENT OF SECTIONS
SECTION
PART I
Introduction
1. Short title
2. Interpretation
PART II
Confiscation Orders
3. Application for confiscation order
4. Decision of court in respect of application for confiscation order
5. Issue of confiscation order
6. Issue of confiscation order to victim of offence
7. Discharge of confiscation order
PART III
Restraining Orders
8. Restraining order
9. Appointment of receiver
10. Further orders of court
11. Discharge of restraining order
PART IV
Charge on Property
12. Charge on property subject to confiscation order
13. Registration of orders
PART V
Money Laundering, etc.
14. Money laundering
15. Possession of property, etc. suspected of being proceeds of serious offence
16. Contravention of restraining order
17. Duties of a designated body
PART VI
Production Orders
18. Production orders
19. Failure to comply with production order
PART VII
Mutual Assistance Between Countries
20. Foreign request for assistance
PART VIII
Search Warrants
21. Powers of search, etc.
PART IX
Miscellaneous
22. Appeals
23. Standard of proof
24. Regulations
Schedule - Business Relationships, Transactions and Services Provided by a Designated Body
Act 19, 1990,
Act 13, 2000,
Act 14, 2005,
Act 2, 2007.
An Act to deprive persons convicted of serious crimes of the benefits or rewards gained from such crimes, and to deal with the problems of money laundering, and matters incidental thereto or connected therewith.
[Date of Commencement: 2nd November, 1990]
PART I
Introduction (ss 1-2)
This Act may be cited as the Proceeds of Serious Crime Act.
(1) In this Act, unless the context otherwise requires-
"confiscation order" has the meaning assigned to it under section 5;
"production order" means an order made under section 18 for the production of a document;
"restraining order" has the meaning assigned to it under section 8;
"serious offence" means an offence the maximum penalty for which is death, or imprisonment for not less than two years.
(2) Where reference is made in this Act to anything received in connection with the commission of a serious offence, such reference shall be deemed to include a reference to anything received both in that connection and in some other connection.
(3) For the purposes of this Act a person shall be deemed to have been charged with a serious offence if any information has been laid against him for that offence, whether or not a warrant for his apprehension or a summons requiring his attendance to answer to the information has been issued.
(4) Where a person is convicted of a serious offence, and with his consent another serious offence, of which he has not been convicted, is taken into consideration by the court in passing sentence, he shall, for the purposes of this Act, be deemed to have been convicted by the court of the offence so taken into consideration.
(5) For the purposes of this Act a person shall be deemed to have obtained the proceeds of a serious offence if he receives a payment or other reward in respect of, or derives a pecuniary advantage as a result of-
(a) the commission of the offence; or
(b) any part of a course of conduct by him, alone or in association with any other person, having as its purpose or one of its purposes the carrying out or furtherance of criminal activities, of which the commission of the offence is shown to be a part.
(6) When, for the purposes of this Act, it is necessary to assess the value of any proceeds referred to in subsection (5), such value shall be deemed to be the aggregate of the values of all the payments, rewards or pecuniary advantages so received or derived.
(7) Where in this Act reference is made to the Director of Public Prosecution, such reference shall be deemed to include any person specially or generally authorized by the Director of Public Prosecution in that regard.
