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

PART III DRUG TRAFFICKING MONEY IMPORTED OR EXPORTED IN CASH

Seizure and detention.

25.—(1) A customs officer or constable may seize and, in accordance with this section, detain any cash which is being imported into or exported from Anguilla if its amount is not less than the prescribed sum and he has reasonable grounds for suspecting that it directly or indirectly represents any person’s proceeds of, or is intended by any person for use in, drug trafficking.

(2) Cash seized by virtue of this section shall not be detained for more than forty-eight hours unless its continued detention is authorised by an order made by a Magistrate; and no such order shall be made unless the Magistrate is satisfied—

(a) that there are reasonable grounds for the suspicion mentioned in subsection (1) above; and

(b) that continued detention of the cash is justified while its origin or derivation is further investigated or consideration is given to the institution (whether in Anguilla or elsewhere) of criminal proceedings against any person for an offence with which the cash is connected.

(3) Any order under subsection (2) above shall authorise the continued detention of the cash to which it relates for such period, not exceeding three months beginning with the date of the order, as may be specified in the order; and a magistrate’s court, if satisfied as to the matters mentioned in that subsection, may thereafter from time to time by order authorise the further detention of the cash but so that—

(a) no period of detention specified in such an order shall exceed three months beginning with the date of the order; and

(b) the total period of detention shall not exceed two years from the date of the order under subsection (2) above.

(4) Any application for an order under subsection (2) or (3) above shall be made by a customs officer or a constable.

(5) At any time while cash is detained by virtue of the foregoing provisions of this section—

(a) a magistrates' court may direct its release if satisfied—

(i) on an application made by the person from whom it was seized or a person by or on whose behalf it was being imported or exported, that there are no, or are no longer, any such grounds for its detention as are mentioned in subsection (2) above; or

(ii) on an application made by any other person, that detention of the cash is not for that or any other reason justified; and

(b) a customs officer or constable may release the cash if satisfied that its detention is no longer justified but shall first notify the magistrates' court under whose order it is being detained.

(6) If at a time when any cash is being detained by virtue of the foregoing provisions of this section—

(a) an application for its forfeiture is made under section 26 below; or

(b) proceedings are instituted (whether in Anguilla or elsewhere) against any person for an offence with which the cash is connected,

the cash shall not be released until any proceedings pursuant to the application or, as the case may be, the proceedings for that offence have been concluded.

26.—(1) A magistrates' court may order the forfeiture of any cash which has been seized under section 25 above if satisfied, on an application made while the cash is detained under that section, that the cash directly or indirectly represents any person’s proceeds of, or is intended by any person for use in, drug trafficking.

(2) Any application under this section to a magistrates' court shall be made by a customs officer or a constable.

Forfeiture.

(3) The standard of proof in proceedings on an application under this section shall be that applicable to civil proceedings; and an order may be made under this section whether or not proceedings are brought against any person for an offence with which the cash in question is connected.

27.  Cash seized under this Part of this Act and detained for more than forty-eight hours shall, unless required as evidence of an offence, be held in an interest-bearing account and the interest accruing on any such cash shall be added to that cash on its forfeiture or release.

28.—(1) An order under section 25(2) above shall provide for notice to be given to persons affected by the order.

Interest.

(2) Provision may be made by rules of court with respect to applications to any court under this Part of this Act, for the giving of notice of such applications to persons affected, for the joinder of such persons as parties and generally with respect to the procedure under this Part of this Act before any court.

Procedure.

(3) Subsection (2) above is without prejudice to the generality of any existing power to make rules.

29.—(1) In this Part of this Act—

“cash” includes coins and notes in any currency;

“customs officer” means an officer appointed under the Customs Ordinance 1981(1) and includes the Comptroller of Customs;

“drug trafficking” has the same meaning as in the Drugs Trafficking Offences Ordinance 1988(2);

“exported”, in relation to any cash, includes its being brought to any place in Anguilla for the purpose of being exported;

“the proceeds of drug trafficking” has the same meaning as in the said Ordinance of 1988 and includes proceeds received by any person before as well as after the coming into force of this Part of this Act.

(2) In section 25 above “the prescribed sum” means such sum in dollars as may for the time being be prescribed for the purposes of that section by an order in the Gazette made by the Governor; and in determining under that section whether an amount of currency other than dollars is not less than the prescribed sum that amount shall be converted at the prevailing rate of exchange.

(1)

Anguilla Ordinance No. 7 of 1981.

(2)

Anguilla Ordinance No. 14 of 1988 amended by Anguilla Ordinance No. 13 of 1990.