The Criminal Justice (International Co-operation) (Anguilla) Order 1994

Proceeds of drug trafficking

Concealing or transferring proceeds of drug trafficking.

14.—(1) A person is guilty of an offence if he—

(a) conceals or disguises any property which is, or in whole or in part directly or indirectly represents, his proceeds of drug trafficking; or

(b) converts or transfers that property or removes it from the jurisdiction,

for the purpose of avoiding prosecution for a drug trafficking offence or the making or enforcement in his case of a confiscation order.

(2) A person is guilty of an offence if, knowing or having reasonable grounds to suspect that any property is, or in whole in part directly or indirectly represents, another person’s proceeds of drug trafficking, he—

(a) conceals or disguises that property; or

(b) converts or transfers that property or removes it from the jurisdiction,

for the purpose of assistiang any person to avoid prosecution for a drug trafficking offence or the making or enforcement of a confiscation order.

(4) In subsections (1)(a) and (2)(a) above the references to concealing or disguising any property include references to concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it.

Interest on sums unpaid under confiscation orders.

15.—(1) If any sum required to be paid by a person under a confiscation order is not paid when it is required to be paid that person shall be liable to pay interest on that sum for the period for which it remains unpaid and the amounts of the interest shall for the purposes of enforcement be treated as part of the amount to be recovered from him under the confiscation order.

(2) The High Court may, on the application of the prosecutor, increase the term of imprisonment fixed in respect of the confiscation order under subsection (2) of section 9 of the Drugs Trafficking Offences Ordinance 1988 if the effect of subsection (1) above is to increase the maximum period applicable in relation to the order.

(3) The rate of interest under subsection (1) above shall be that for the time being applying to a civil judgement debt.

Increase in realisable property.

16.—(1) This section has effect where by virtue of section 8(3) of the Drugs Trafficking Offences Ordinance 1988 (insufficient realisable property) the amount which a person is ordered to pay by a confiscation order is less than the amount assessed to be the value of his proceeds of drug trafficking.

(2) If, on an application made either by a prosecutor or by a receiver appointed under the said Ordinance of 1988 for an increase in the amount to be recovered under the confiscation order, the High Court is satisfied that the amount that might be realised in the case of the person in question is greater than the amount taken into account in making the confiscation order (whether it was greater than was thought when the order was made or has subsequently increased) the court may—

(a) substitute for that amount such amount (not exceeding the amount assessed as the value referred to in subsection (1) above) as appears to the court to be appropriate having regard to the amount now shown to be realisable; and

(b) increase the term of imprisonment fixed in respect of the confiscation order under subsection (2) of section 9 of the Drugs Trafficking Offences Ordinance 1988 if the effect of the substitution is to increase the maximum period applicable in relation to the order.