The Proceeds of Crime Act, 2000 - The Bahamas Laws On-Line ...

PROCEEDS OF CRIME [CH.93 – 13(b) since the beginning of the period of six yearsending when proceedings were instituted againsthim,received any payment or other reward in connection withdrug trafficking carried on by him or another person.(4) If the court determines that he has so benefited,it shall in addition to sentencing or otherwise dealing withhim in respect of the offence or (as the case may be) any ofthe offences concerned, make a confiscation order anddetermine the amount to be recovered in his case under theorder.(5) The court shall then, in respect of the offence oroffences concerned —(a) order the defendant to pay the amount of theconfiscation order within such period as it mayspecify; and(b) make a forfeiture order under section 33 of theDangerous Drugs Act, 2000.(6) For the purposes of this section “court” meansthe court before which the defendant was convicted.10. (1) Upon conviction for one or more relevantoffences committed after the coming into operation of thisAct, a person shall, in addition to any penalty prescribed byany law for that offence be liable at the time of sentencingin respect of that conviction or at any time thereafter tohave a confiscation order made against him relating toproperty obtained from the commission of such relevantoffence and all gifts made under subsection 6(1).(2) Before making a confiscation order the courtshall first determine whether the defendant has benefitedfrom —(a) the offence or offences for which he is to besentenced (“the principal offences”); and(b) any relevant offences which the court will betaking into consideration in determining hissentence for the principal offence.(3) For the purposes of this Act —(a) a person benefits from a relevant offence if heobtains property as a result of or in connectionwith its commission and his benefit is the valueof any property so obtained; andCh. 228.Confiscationorders, relevantoffences.––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––[Original Service 2001]STATUTE LAW OF THE BAHAMAS