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

PROCEEDS OF CRIME [CH.93 – 29(2) The court may make a charging order —(a) where a confiscation order has been made of anamount not exceeding the amount payable underthe confiscation order; and(b) where a confiscation order has not been made,of an amount equal to the value from time totime of the property charged.(3) A charging order —(a) shall only be made an application by the Policeor the Attorney-General; and(b) shall be made on an ex-parte application to aJudge in chambers.(4) Subject to subsection (6), a charge may beimposed by a charging order only on —(a) any interest in realisable property, which is aninterest held beneficially by the defendant or bya person to whom the defendant has directly orindirectly made a gift caught by this Act —(i) in any chargeable asset; or(ii) under any trust; or(b) any interest in realisable property held by aperson as trustee of a trust if the interest is in achargeable asset or is an interest under anothertrust and a charge may, by virtue of paragraph(a), be imposed by a charging order on thewhole beneficial interest under the firstmentionedtrust.(5) In this section —(a)“chargeable asset” means any of the followingsituated in The Bahamas or outside TheBahamas —(i) any land or premises;(ii) any relevant securities;(iii) any motor vehicle;(iv) any vessel;(v) any aircraft;(vi) any monies held by or deposited with abank or other financial institution;––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––[Original Service 2001]STATUTE LAW OF THE BAHAMAS