Proceeds Of Serious Crime - Introduction (Ss 1-2)

Link to law: http://www.elaws.gov.bw/desplaylrpage1.php?id=1481

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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)




PART I
Introduction (ss 1-2)

[Ch0803s1]1. Short title

This Act may be cited as the Proceeds of Serious

Crime Act.

[Ch0803s2]2. Interpretation

(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.