Cap. 621 Art. 38Determination of property subject to confiscation. 

(1) When a Court of criminal jurisdiction sentences a person convicted of a relevant offence, it shall include in its sentence an order, hereinafter referred to as a "confiscation order", confiscating any property which the Court determines, on a balance of probabilities, to be property subject to confiscation, as defined in article 3(6), as a consequence of the conviction.

(2) After conviction but before determining what property is subject to confiscation and before giving judgment the Court shall order the Director or the prosecution to submit a list of assets subject to confiscation.

(3) The accused may contest the list of assets subject to confiscation by means of an application filed within one (1) month from the submission of the said list. The Court shall serve the application upon the Attorney General for a reply to be filed within a month (1). The Court shall hear the prosecution and the accused and shall in the judgement decide which property shall be subject to the confiscation order.

(4) If the Court finds that any part of the property subject to confiscation is unavailable, it shall make a confiscation order in the judgment for a sum of money equal in value to the unavailable property. At any time after the issuance of such an order for a sum of money, the Court, upon the application of the Attorney General, may make an order confiscating any other property of the person convicted to satisfy the judgement in whole or in part.

(5) Any confiscation order made in accordance with this article, including an order in the form of a judgement for a sum of money, may be appealed together with the appeal from the conviction and sentence:

Provided the time limit for filing an appeal from the conviction shall commence to run from the date when the judgement which includes the confiscation order is delivered.

(6) The Court shall issue an order confiscating property pursuant to this article based solely on its finding that the property is subject to confiscation and without regard to the ownership or the rights of any third parties over the property. All issues regarding the rights of third parties shall be determined in separate proceedings in accordance with article 39. Accordingly, third parties may not participate in the determination of which property is subject to confiscation in accordance with this article.

(7) The issuance of a confiscation order in accordance with this article is mandatory, except that in the case of facilitating property and property involved in money laundering other than the proceeds of the predicate offence, the Court shall limit the confiscation to the extent necessary to ensure that the confiscation is not grossly disproportionate to the gravity of the offence giving rise to the confiscation.

(8) For the purpose of being assisted in the identification and location of property subject to confiscation, in the calculation of the amount of a judgement for a sum of money, or in the identification of property that may be needed to satisfy such a judgment, the Attorney General may apply for an order pursuant to articles 34 and 35.

(9) Pending a determination by the Court that the property is subject to confiscation, or that a property shall be needed to satisfy a confiscation judgement, any property of the person convicted or of a third party may be attached, frozen or seized in accordance with articles 35 and 36, if the Court, upon the application of the Attorney General, finds that there are reasonable grounds to believe that the property may be found to be subject to confiscation.

(10) When more than one person is convicted of an offence, each convicted person shall be jointly and severally liable for the total proceeds of crime obtained by any of them:

Provided that:

(a) the Government may not recover more than the total proceeds of the offence; and

(b) in the case of a convicted person whose role in the offence was incidental in comparison with the roles of the other convicted persons, the Court shall consider the extent to which making such person jointly and severally liable for the total proceeds of the crime would be grossly disproportionate to the role of that person in the offence.