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Part 2 · Confiscation of Benefits of Drug Dealing or Criminal Conduct

12. Statements relating to drug dealing or criminal conduct

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Amended

Last amended by an amending law of 2014.

(1)

Where —

(a)

there is tendered to the court by the prosecution a statement as to any matters relevant to the determination whether benefits have been derived by the defendant from drug dealing or from criminal conduct (as the case may be) or to the assessment of the value of those benefits; and

(b)

the defendant accepts to any extent any allegation in the statement,the court may, for the purposes of that determination and assessment, treat the defendant’s acceptance as conclusive of the matters to which it relates.

(2)

Where —

(a)

a statement is tendered under subsection (1)(a); and

(b)

the court is satisfied that a copy of that statement has been served on the defendant,the court may require the defendant to indicate to what extent the defendant accepts each allegation in the statement and, so far as the defendant does not accept any such allegation, to indicate any matters the defendant proposes to rely on.

(3)

If the defendant fails in any respect to comply with a requirement under subsection (2), the defendant may be treated for the purposes of this section as accepting every allegation in the statement apart from any allegation in respect of which the defendant has complied with the requirement.

(4)

Where —

(a)

there is tendered to the court by the defendant a statement as to any matters relevant to determining the amount that might be realised at the time the confiscation order is made; and

(b)

the prosecution accepts to any extent any allegation in the statement,the court may, for the purposes of that determination, treat the acceptance by the prosecution as conclusive of the matters to which it relates.

(5)

An allegation may be accepted or a matter indicated for the purposes of this section either —

(a)

orally before the court; or

(b)

in writing.

(6)

No acceptance by the defendant under this section that benefits have been derived by the defendant from drug dealing or from criminal conduct (as the case may be) is admissible in evidence in any proceedings for an offence.[9

Report

Part 3

Enforcement, Etc., of Confiscation Orders

Part 4

Application to Absconded Persons

Part 4A

Confiscation of Property of Corresponding Value to Instrumentalities

Part 5

Information Gathering Powers

Part 6

Offences

Part 6A

Cross Border Movements of Physical Currency and Bearer Negotiable Instruments

Part 6B

Cash Transaction Reports

Part 7

Miscellaneous

Schedules