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

PROCEEDS OF CRIME [CH.93 – 37PART IVINFORMATION GATHERING POWERS35. (1) For the purpose of an investigation into —(a) drug trafficking;(b) whether any person has benefited from criminalconduct; or(c) the whereabouts of any proceeds of criminalconduct,a police officer of or above the rank of Inspector may applyto a Stipendiary and Circuit Magistrate for an order undersubsection (2) (a “production order”) in relation toparticular material or material of a particular description.(2) Where a Stipendiary and Circuit Magistrate issatisfied by evidence on oath that there is reasonable causeto believe that any person is in possession of material inrespect of which a drug trafficking offence or relevantoffence has been committed he may grant an order (a“production order) to such police officer ordering suchperson to produce such material immediately or at suchplace and time as the Magistrate may specify in the orderand, if necessary, such police officer may enter and searchfor such material at any place in any part of The Bahamas,by force if necessary, at any time by day or night.(3) If such material be produced or found, suchpolice officer shall bring the same and the person orpersons in whose possession such place or places then maybe, or any person in any such place reasonably suspected ofbeing privy to such material being therein, before theMagistrate appointed to preside over the court havingjurisdiction in the district in which such production orderwas executed.(4) Where the material, to which an applicationunder this section relates consists of information containedin or accessible by means of a computer a production orderunder subsection (2) shall have effect as an order toproduce the material in a form in which it can be takenaway and in which it is visible and legible.(5) A production order —(a) shall not confer any right to production of, oraccess to, items subject to legal privilege;(b) shall have effect notwithstanding any obligationas to confidentiality or other restriction upon theProductionorders.––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––[Original Service 2001]STATUTE LAW OF THE BAHAMAS