Section 3
of Drug Trafficking (Recovery of Proceeds) Act
Section 3
(1)
Subject to section 30, where a person appears before the court to be sentenced in respect of one or more drug trafficking offences, (and has not previously been sentenced or otherwise dealt with in respect of his conviction for the offence or, as the case may be, any of the offences concerned), the court shall act in accordance with this section.
(2)
The court shall first determine whether he has benefited from drug trafficking.
(3)
For the purpose of this Act, a person who has at any time
(whether before or after the commencement of this Act) received in any way whatsoever any payment or other reward in connection with drug trafficking carried on by him or another has benefited from drug trafficking.
(4)
If the court determines that he has so benefited, the court shall, before sentencing or otherwise dealing with him in respect of the offence or, as the case may be, any of the offences concerned, determine in accordance with section 7 the amount to be recovered in his case by virtue of this section.
Drug Trafficking
(Recovery of Proceeds)
(5)
The court shall then, in respect of the offence or offences concerned —
(a)
order him to pay that amount;
(b)
take account of the order before —
(i)
imposing any fine on him;
(ii)
making any order involving any payment by him; or
(iii)
making any order under section 25 of the Misuse of
Drugs Act (Chapter 27); and
(c)
subject to paragraph (b), leave the order out of account in determining the appropriate sentence or other manner of dealing with the defendant.
(6)
No written law restricting the power of a court dealing with an offender in a particular way from dealing with him also in any other way shall be reason only of the making of an order under this section restrict the court from dealing with an offender in any way the court considers appropriate in respect of a drug trafficking offence.
Variation of confiscation orders.