Proceeds of Crime and Drug Trafficking (Bailiwick of Guernsey) (Amendment) Law, 2004

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PROJET DE LOI

ENTITLED

 

The Proceeds of Crime and Drug Trafficking

(Bailiwick of Guernsey) (Amendment) Law, 2004

 

THE STATES, in pursuance of their Resolution of the 28th day of January, 2004[a], have approved the following provisions which, subject to the Sanction of Her Most Excellent Majesty in Council, shall have force of law in the Bailiwick of Guernsey.

 

Amendment of Proceeds of Crime and Drug Trafficking Laws.

1.      The Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1999[b] ("the Proceeds of Crime Law") and the Drug Trafficking (Bailiwick of Guernsey) Law, 2000[c] ("the Drug Trafficking Law") are amended in accordance with the provisions of this Law.

 

The Proceeds of Crime Law.

2.      (1)      After section 25(2) of the Proceeds of Crime Law insert -

 

"(2A)      The powers mentioned in subsection (1) are also exercisable where -

 

(a)      a criminal investigation has been started in the Bailiwick with       regard to criminal conduct, and      

 

(b)      there is reasonable cause to believe that the alleged offender has benefited from his criminal conduct.".

 

(2)      In section 35(1)(a)(ii) of the Proceeds of Crime Law for "or that are to be instituted there" substitute "or to a criminal investigation being conducted there concerning criminal conduct".

 

The Drug Trafficking Law.

3.      (1)      After section 25(3) of the Drug Trafficking Law insert -

 

"(3A) The powers mentioned in subsection (1) are also exercisable where -

 

(a)      a criminal investigation has been started in the Bailiwick with regard to drug trafficking, and

 

(b)      there is reasonable cause to believe that the alleged offender has benefited from drug trafficking.".

 

(2)      In section 35(1)(a)(ii) of the Drug Trafficking Law for "or that are to be instituted there" insert "or to a criminal investigation being conducted there concerning drug trafficking".

 

Citation.

4.      This Law may be cited as the Proceeds of Crime and Drug Trafficking (Bailiwick of Guernsey) (Amendment) Law, 2004.

[a]

Article VIII of Billet d'État No. I of 2004.

[b]

Order in Council No. VIII of 1999; amended by Ordinances XXVIII of 1999 and XII of 2002.

[c]

Order in Council No. VII of 2000.





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