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

PROCEEDS OF CRIME [CH.93 – 15(2) Subject to subsections (4) and (5), the court shallmake the required assumptions for the purpose —(a) of determining whether the defendant hasbenefited from drug trafficking; and(b) if he has, of determining the value of hisproceeds of drug trafficking.(3) The required assumptions are —(a) that any property shown to the court —(i) to have been held by the defendant; or(ii) to have been transferred to him at any timesince the beginning of the period of sixyears ending when the proceeding wasinstituted against him,was received by him as a payment or reward inconnection with drug trafficking carried on byhim;(b) that any expenditure of his since the beginningof that period was met out of payments receivedby him in connection with drug traffickingcarried on by him;(c) that, for the purpose of valuing any propertyreceived or assumed to have been received byhim at any time as such a reward, he receivedthe property free of other interests in it.(4) The court shall not make any of the requiredassumptions in relation to any particular property orexpenditure if that assumption is shown to be incorrect inthe defendant’s case and where the court by virtue of thissubsection does not make one of the required assumptionsit shall state its reasons in writing.(5) Subsection (2) does not apply if the only offencein respect of which the defendant appears before the courtfor sentencing is an offence under section 40, 41 or 42relating to the proceeds of drug trafficking.(6) For the purpose of assessing the value of theproceeds derived by the defendant from drug trafficking ina case where a confiscation order has previously beenmade against him (under this Act) the court shall leave outof account any such proceeds that are shown to the court tohave been taken into account in determining the amount tobe recovered under the previous order.S.I. 128/2001.––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––LRO 1/2002STATUTE LAW OF THE BAHAMAS