Drug Trafficking (Recovery of Proceeds) Act · s 32

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32.
Effect of death on proceedings
(1) Proceedings under this Act shall be instituted or continued against the personal representative of a deceased defendant or, if there is no personal representative, such beneficiary of the estate as may be specified by the court upon the application of the Public Prosecutor.
(2) Where the power to make a confiscation order is to be exercised in relation to a deceased defendant, the order shall be made against the estate of the deceased defendant, except that nothing in this Act shall subject the personal representative or any beneficiary to any imprisonment by reason only of the fact that the estate is inadequate for the payment of any amount to be recovered under the confiscation order.
(3) Section 5 does not apply to a deceased defendant.
(4) For the purpose of sections 3 to 8, the following provisions apply in determining whether a deceased defendant had derived benefits from drug trafficking or in determining those benefits or the value of those benefits —
(a) a deceased defendant shall, until the contrary is proved, be presumed to have derived benefits from drug trafficking if he had at any time (whether before or after the commencement of this
Act) since the beginning of a period of 6 years ending at the date of   his  death,  held  any  property  disproportionate  to  his  known

Drug Trafficking
(Recovery of Proceeds)

sources of income, the holding of which cannot be explained to the satisfaction of the court;
(b) the benefits derived by a deceased defendant from drug trafficking shall be any property held by him during the period mentioned in paragraph (a), being property disproportionate to his known sources of income, and the holding of which cannot be explained to the satisfaction of the court; and
(c) the value of the benefits derived by a deceased defendant from drug trafficking shall be the aggregate of the values of those properties, less the value of any such benefits that are shown to have been taken into account by any court in determining the amount to be recovered under any confiscation order previously made against the deceased defendant.
(5) In this section, "deceased defendant" means a person who dies —
(a) after investigations for a drug trafficking offence have been commenced against him; and
(b)
(i) before proceedings in respect of the offence have been instituted against him; or
(ii) if such proceedings have been instituted, before he is convicted of the offence.

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s 32Effect of death on proceedings

(1)

Proceedings under this Act shall be instituted or continued against the personal representative of a deceased defendant or, if there is no personal representative, such beneficiary of the estate as may be specified by the court upon the application of the Public Prosecutor.

(2)

Where the power to make a confiscation order is to be exercised in relation to a deceased defendant, the order shall be made against the estate of the deceased defendant, except that nothing in this Act shall subject the personal representative or any beneficiary to any imprisonment by reason only of the fact that the estate is inadequate for the payment of any amount to be recovered under the confiscation order.

(3)

Section 5 does not apply to a deceased defendant.

(4)

For the purpose of sections 3 to 8, the following provisions apply in determining whether a deceased defendant had derived benefits from drug trafficking or in determining those benefits or the value of those benefits —

(a)

a deceased defendant shall, until the contrary is proved, be presumed to have derived benefits from drug trafficking if he had at any time (whether before or after the commencement of this

Act) since the beginning of a period of 6 years ending at the date of his death, held any property disproportionate to his known

Drug Trafficking

(Recovery of Proceeds)

sources of income, the holding of which cannot be explained to the satisfaction of the court;

(b)

the benefits derived by a deceased defendant from drug trafficking shall be any property held by him during the period mentioned in paragraph (a), being property disproportionate to his known sources of income, and the holding of which cannot be explained to the satisfaction of the court; and

(c)

the value of the benefits derived by a deceased defendant from drug trafficking shall be the aggregate of the values of those properties, less the value of any such benefits that are shown to have been taken into account by any court in determining the amount to be recovered under any confiscation order previously made against the deceased defendant.

(5)

In this section, "deceased defendant" means a person who dies —

(a)

after investigations for a drug trafficking offence have been commenced against him; and

(b)

(i)

before proceedings in respect of the offence have been instituted against him; or

(ii)

if such proceedings have been instituted, before he is convicted of the offence.