The Proceeds of Crime Act, 2000 - The Bahamas Laws On-Line ...
The Proceeds of Crime Act, 2000 - The Bahamas Laws On-Line ...
The Proceeds of Crime Act, 2000 - The Bahamas Laws On-Line ...
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PROCEEDS OF CRIME [CH.93 – 47retention or control by or on behalf <strong>of</strong> A <strong>of</strong> anyproperty was facilitated or, as the case may be,that by the arrangement any property was usedas mentioned in subsection (1)(b); or(c) that —(i) he intended to disclose to a police <strong>of</strong>ficersuch a suspicion, belief or matter as ismentioned in subsection (2) in relation tothe arrangement; but(ii) there is reasonable excuse for his failure tomake any such disclosure in the mannermentioned in subsection (2)(b).(4) In the case <strong>of</strong> a person who was in employmentat the time in question, subsections (2) and (3) shall haveeffect in relation to disclosures and intended disclosures tothe appropriate person in accordance with any procedureestablished by his employer for the making <strong>of</strong> suchdisclosures as they have effect in relation to disclosures,and intended disclosures, to a police <strong>of</strong>ficer.42. (1) A person is guilty <strong>of</strong> an <strong>of</strong>fence if, knowing,suspecting or having reasonable grounds to suspect thatany property is, or in whole or in part directly or indirectlyrepresents, another person’s proceeds <strong>of</strong> criminal conduct,he acquires or uses that property or has possession <strong>of</strong> it.(2) Where a person discloses information to a police<strong>of</strong>ficer in good faith that any property is, or in whole or inpart directly or indirectly represents the proceeds <strong>of</strong>criminal conduct —(a) the disclosure shall not be treated as a breach <strong>of</strong>any restriction upon the disclosure <strong>of</strong>information by statute or otherwise and shall notgive rise to any civil liability; and(b) if he does any act in relation to the property incontravention <strong>of</strong> subsection (1), he does notcommit an <strong>of</strong>fence under this section if —(i) the disclosure is made before he does theact in question and the act is done with theconsent <strong>of</strong> the police <strong>of</strong>ficer; or(ii) the disclosure is made after he does theact, but is made on his initiative and assoon as it is reasonable for him to make it.Acquisition,possession or use<strong>of</strong> proceeds <strong>of</strong>criminal conduct.14 <strong>of</strong> 2007.14 <strong>of</strong> 2007, s.2.LRO 1/2008STATUTE LAW OF THE BAHAMAS