Section 14
of Drug Trafficking (Recovery of Proceeds) Act
Section 14
(1)
Subject to subsection (2), the following sums in the hands of a receiver appointed under sections 11 or 13 in pursuance of a charging order —
(a)
the proceeds of the enforcement of any charge imposed under section 12;
(b)
the proceeds of the realisation, other than by the enforcement of such a charge, of any property under sections 11 or 13; and
(c)
any other sums, being property held by the defendant, shall, after such payments (if any) as the High Court may direct have been made out of those sums, be applied on the defendant's behalf towards the satisfaction of the confiscation order.
(2)
If, after the amount payable under the confiscation order has been fully paid, any such sums remain in the hands of such a receiver, the receiver shall distribute those sums —
(a)
among such of those who held property which has been realised under this Act; and
(b)
in such proportions,
Drug Trafficking
(Recovery of Proceeds)
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as the High Court may direct after giving a reasonable opportunity for such persons to make representations to it.
(3)
The receipt of any sum by the High Court on account of an amount payable under a confiscation order shall reduce the amount so payable, but it shall apply the money received for the purposes specified in this section and in the order so specified.
(4)
If the money was paid to the High Court by a receiver appointed under sections 11 or 13 or in pursuance of a charging order, the High Court shall next pay —
(a)
the receiver's remuneration and expenses; and
(b)
the expenses incurred by the police and the Bureau in the preservation and maintenance of the property.
(5)
After making, in a case to which subsection (4) applies, any payment required by that subsection, the High Court shall reimburse any amount paid under subsection (2) of section 16.
(6)
Any balance in the hands of the High Court after it has made all payments received by the foregoing provisions of this section shall be treated for the purpose of this Act as if it were a fine imposed by it.
Exercise of powers by High Court or receiver.