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

PROCEEDS OF CRIME [CH.93 – 23(3) Where a certificate has been issued undersubsection (1), the person who applied for it may apply tothe court which made the confiscation order for the amountto be recovered under the order to be reduced.(4) The court shall, on an application undersubsection (3) —(a) substitute for the amount to be recovered underthe order such lesser amount as the court thinksjust in all the circumstances of the case; and(b) substitute for the term of imprisonment indefault fixed under section 23(1) in respect ofthe amount to be recovered under the order ashorter term if such is determined in accordancewith that section in respect of the lesser amountto be recovered under the order as varied.(5) Any person appearing to the court to be likely tobe affected by any exercise of its powers under this sectionshall be entitled to appear before the court and makerepresentations.Absconded Persons, etc.21. (1) Where a person has been convicted of one ormore drug trafficking or relevant offences, on theapplication of the Attorney-General the court may make aconfiscation order against him if satisfied that he hasabsconded or died.(2) Where proceedings for one or more drugtrafficking or relevant offences have been instituted but notconcluded, on the application of the Attorney-General thecourt may make a confiscation order against the defendantif satisfied that he has absconded, but shall not do so untilafter the period of six months beginning with the datewhich is, in the opinion of the court, the date on which thedefendant absconded.(3) In any proceedings under this section —(a) section 11(2) shall not apply;(b) section 12 shall apply with the omission ofsubsections (2) to (6):Confiscationorder wheredefendant hasabsconded ordied.––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––[Original Service 2001]STATUTE LAW OF THE BAHAMAS