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Proceeds of Crime Act, 2002

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ss. 6-7CAP. 143 <strong>Proceeds</strong> <strong>of</strong> <strong>Crime</strong> L.R.O. 1991 14Notice <strong>of</strong> 6. (1) Where the Director <strong>of</strong> Public Prosecutions applies for aapplication. forfeiture order against property in respect <strong>of</strong> a person’sconviction <strong>of</strong> a scheduled <strong>of</strong>fence(a) the Director <strong>of</strong> Public Prosecutions must give no less than14 days written notice <strong>of</strong> the application to the person andto any other person who the Director <strong>of</strong> PublicProsecutions has reason to believe may have an interest inthe property;(b) the person, and any other person who claims an interest inthe property, may appear and adduce evidence at thehearing <strong>of</strong> the application; and(c) the Court may, at any time before the final determination<strong>of</strong> the application, direct the Director <strong>of</strong> PublicProsecutions(i) to give notice <strong>of</strong> the application to any person who,in the opinion <strong>of</strong> the Court, appears to have aninterest in the property;(ii)to publish in the OfJiciaZ Gazette and in a newspaperpublished and circulating in Barbados notice <strong>of</strong> theapplication in the manner and containing suchparticulars and within the time that the Courtconsiders appropriate.(2) Where the Director <strong>of</strong> Public Prosecutions applies for aconfiscation order against a person(a) the Director <strong>of</strong> Public Prosecutions must give the personno less than 14 days written notice <strong>of</strong> the application; and(b) the person may appear’and adduce evidence at the hearing<strong>of</strong> the application.Amendment 7. (1) The Court hearing an application under section 5(l)<strong>of</strong> application.may, before final determination <strong>of</strong> the application, and on theapplication <strong>of</strong> the Director <strong>of</strong> Public Prosecutions, amend theapplication to include any other property or benefit, as the casemay be, upon being satisfied that(a) the property or benefit was not reasonably capable <strong>of</strong>identification when the application was originally made; or(b) necessary evidence became available only after theapplication was originally made.

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