Section 13
of Drug Trafficking (Recovery of Proceeds) Act
Section 13
(1)
Where —
(a)
in proceedings instituted for a drug trafficking offence, a confiscation order is made;
(b)
the order is not subject to appeal; and
(c)
the proceedings have not been concluded, the High Court may, on an application by the prosecution, exercise the powers conferred by subsections (3) to (7).
(2)
The High Court may, on the application of the prosecution, also exercise the powers conferred by subsections (3) to (7) where —
(a)
a confiscation order has been made against a person who, by reason of section 30, has been taken to have been convicted of a drug trafficking offence;
(b)
the order is not subject to appeal; and
(c)
the order has not been satisfied, whether by payment of the amount due under the order or by the defendant serving imprisonment by default.
(3)
The court may appoint a receiver in respect of realisable property.
(4)
The court may empower a receiver appointed under subsection (3), under section 11 or in pursuance of a charging order —
(a)
to enforce any charge imposed under section 12 on realisable property or on interest or dividends payable in respect of such property; and
(b)
in relation to any realisable property, other than property for the time being subject to a charge under section 12, to take possession of the property subject to such conditions and exceptions as may be specified by the court.
(5)
The court may order any person having possession of realisable property to give possession of it to any receiver.
Drug Trafficking
(Recovery of Proceeds)
B.L.R.O. 1/2000 23
(6)
The court may empower any receiver to realise any realisable property in such manner as it may direct.
(7)
The court may order any person holding an interest in realisable property to make such payment to the receiver in respect of any beneficial interest held by the defendant or, as the case may be, the recipient of a gift caught by this Act as it may direct and the court may, on the payment being made, by order transfer, grant or extinguish any interest in the property.
(8)
Subsections (5) to (7) do not apply to property for the time being subject to a charge under section 12.
(9)
The court shall not in respect of any property exercise the powers conferred by paragraph (a) of subsection (4) or by subsections (6) or (7)
unless a reasonable opportunity has been given for any person holding any interest in the property to make representations to it.
Application of proceeds of realisation and other sums.