ARRANGEMENT OF SECTIONS
1. Short title
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
7. Discharge of confiscation order
8. Restraining order
9. Appointment of receiver
10. Further orders of court
11. Discharge of restraining order
Charge on Property
12. Charge on property subject to
13. Registration of orders
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
18. Production orders
19. Failure to comply with production order
Mutual Assistance Between Countries
20. Foreign request for assistance
21. Powers of search, etc.
23. Standard of proof
- Business Relationships, Transactions and Services Provided by a Designated
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.
Commencement: 2nd November, 1990]
Part:I Introduction (ss 1-2)
Introduction (ss 1-2)
[Ch0803s1]1. Short title
This Act may be cited as the Proceeds of Serious
(1) In this Act, unless the context otherwise
"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
commission of the offence; or
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.