Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992

any officer of the Bureau;

any special investigator of the Corrupt Practices Investigation Bureau appointed under section 3(2) of the Prevention of Corruption Act 1960;

any Commercial Affairs Officer appointed under section 64 of the Police Force Act 2004;

any police officer; and(e)any other person authorised in writing by the Minister for the purposes of this Act;

the production, supply, use, export and import of drugs and other substances in accordance with the provisions of the Single Convention on Narcotic Drugs signed at New York on 30 March 1961;

the production, supply, use, export and import of dangerous or otherwise harmful drugs pursuant to any treaty, convention or other agreement or arrangement to which the government of that country and the Government of Singapore are for the time being parties; or(c)the benefits of trafficking in the drugs or substances mentioned in paragraph (a) or (b);

any offence specified in the First Schedule;

conspiracy to commit any such offence;

inciting another to commit any such offence;

attempting to commit any such offence; or(e)aiding, abetting, counselling or procuring the commission of any such offence;

if the employer is one of a number of corporations that are related to each other under section 6 of the Companies Act 1967 — every corporation so related as if the legal counsel is also employed by each of the related corporations; and(b)if the employer is a public agency within the meaning of section 128A(6) of the Evidence Act 1893 and the legal counsel is required as part of his or her duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to any other public agency or agencies — the other public agency or agencies as if the legal counsel is also employed by the other public agency or each of the other public agencies;

means an offence (other than a foreign drug dealing offence) against the law of a foreign country or part thereof that consists of or includes conduct which, if the conduct had occurred in Singapore, would have constituted a serious offence; and(b)includes a foreign serious tax offence;

omitting from, or understating or overstating in, a return made for the purposes of that tax any information which should be included in the return;

making any false statement or entry in any return, claim or application made, or any document or information required to be given, for the purposes of that tax;

giving any false answer, whether verbally or in writing, to any question or request for information asked or made for the purposes of that tax;

failing to inform the authority responsible for the collection of that tax, in the required manner, of any incorrect information appearing in any assessment made by that authority, when required to do so;

preparing or maintaining, or authorising the preparation or maintenance, of any false books of account or other records, or falsifying or authorising the falsification of any books of account or records;

making use of any fraud, art or contrivance, or authorising the use of any such fraud, art or contrivance;

any property held by the defendant; and(b)any property held by a person to whom the defendant has, directly or indirectly, made a gift caught by this Act;

the General Division of the High Court — the Registrar, Deputy Registrar or Assistant Registrar of the Supreme Court; and(b)a District Court or a Magistrate’s Court — the Registrar or Deputy Registrar of the State Courts;

any of the offences specified in the Second Schedule;

conspiracy to commit any of those offences;

inciting others to commit any of those offences;

attempting to commit any of those offences; or(e)aiding, abetting, counselling or procuring the commission of any of those offences;

who has been appointed by the Minister as a Suspicious Transaction Reporting Officer for the purposes of this Act; and(b)who has his or her appointment as a Suspicious Transaction Reporting Officer published in the Gazette;

property is held by any person if the person holds any interest in it;

references to property held by a person include a reference to property vested in the person’s trustee in bankruptcy or liquidator;

references to an interest held by a person beneficially in property include a reference to an interest which would be held by the person beneficially if the property were not so vested in the person’s trustee in bankruptcy or liquidator;

property is transferred by one person to another if the first person transfers or grants to the other any interest in the property;

proceedings for an offence are instituted in Singapore when a person is produced and charged in court with the offence;

proceedings in Singapore for a drug dealing offence or a serious offence (as the case may be) are concluded on the occurrence of one of the following events:

the discontinuance of the proceedings;

the acquittal of the defendant;

the quashing of the defendant’s conviction for the offence;

the grant of the President’s pardon in respect of the defendant’s conviction for the offence;

the satisfaction of a confiscation order made in the proceedings (whether by payment of the amount due under the order or by the defendant serving imprisonment in default); and(g)an order is subject to appeal as long as an appeal or further appeal is pending against the order or (if it was made on a conviction) against the conviction; and for this purpose, an appeal or further appeal is to be treated as pending (where one is competent but has not been brought) until the expiration of the time for bringing the appeal.

it is a communication made between a lawyer and a client, or a legal counsel acting as such and his or her employer, in connection with the lawyer giving legal advice to the client or the legal counsel giving legal advice to the employer, as the case may be;

it is a communication made between 2 or more lawyers acting for a client, or 2 or more legal counsel acting as such for their employer, in connection with one or more of the lawyers giving legal advice to the client or one or more of the legal counsel giving legal advice to the employer, as the case may be;

it is a communication made —

between a client, or an employer of a legal counsel, and another person;

between a lawyer acting for a client and either the client or another person; or(iii)between a legal counsel acting as such for his or her employer and either the employer or another person,in connection with, and for the purposes of, any legal proceedings (including anticipated or pending legal proceedings) in which the client or employer (as the case may be) is or may be, or was or might have been, a party;

it is an item, or a document (including its contents), that is enclosed with or referred to in any communication in paragraph (a) or (b) and that is made or prepared by any person in connection with a lawyer or legal counsel, or one or more of the lawyers or legal counsel, in either paragraph giving legal advice to the client or the employer of the legal counsel, as the case may be; or(e)it is an item, or a document (including its contents), that is enclosed with or referred to in any communication in paragraph (c) and that is made or prepared by any person in connection with, and for the purposes of, any legal proceedings (including anticipated or pending legal proceedings) in which the client or the employer of the legal counsel (as the case may be) is or may be, or was or might have been, a party,but it is not any such communication, item or document that is made, prepared or held with the intention of furthering a criminal purpose.

if the employer is one of a number of corporations that are related to each other under section 6 of the Companies Act 1967 — every corporation so related as if the legal counsel is also employed by each of the related corporations;

if the employer is a public agency within the meaning of section 128A(6) of the Evidence Act 1893 and the legal counsel is required as part of his or her duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to any other public agency or agencies — the other public agency or agencies as if the legal counsel is also employed by the other public agency or each of the other public agencies; and(c)an employee or officer of the employer;

the receipt and analysis of —

any thing disclosed to a Suspicious Transaction Reporting Officer pursuant to a requirement under subsection (3) or pursuant to section 45(1);

any report under section 60 given to a Suspicious Transaction Reporting Officer under section 60(4) or forwarded to a Suspicious Transaction Reporting Officer under section 61;

any report under section 62 given to a Suspicious Transaction Reporting Officer under section 62(4);

any cash transaction report submitted to a Suspicious Transaction Reporting Officer under section 68(1);

any cash transaction report filed with a Suspicious Transaction Reporting Officer under any regulations made under section 200 of the Casino Control Act 2006;

any cash transaction report submitted to a Suspicious Transaction Reporting Officer under section 17 of the Precious Stones and Precious Metals (Prevention of Money Laundering and Terrorism Financing) Act 2019; and(vii)any cash transaction report submitted to a Suspicious Transaction Reporting Officer under section 74A of the Pawnbrokers Act 2015; and(b)the dissemination of the results of any such analysis.

the disclosure is not to be treated as a breach of any restriction against the disclosure imposed by law, contract or rules of professional conduct; and(b)the person shall not be liable for any loss arising out of the disclosure or any act or omission in consequence of the disclosure.[3A

if the defendant is represented by an advocate and solicitor — the defendant must not be present in person in any proceedings under this Act; or(b)the defendant must appear in any proceedings under this Act through live video or live television link (whether or not the defendant is represented by an advocate and solicitor).

the benefits derived by any person from drug dealing are any property or interest in any property (including income accruing from the property or interest) held by the person at any time, whether before or after 30 November 1993, being property or interest disproportionate to the person’s known sources of income and the holding of which cannot be explained to the satisfaction of the court; and(b)the value of the benefits derived by the person from drug dealing is the aggregate of the values of the properties and interests in the properties mentioned in paragraph (a).

the benefits derived by any person from criminal conduct, are any property or interest in any property (including income accruing from the property or interest) held by the person at any time, whether before or after 13 September 1999, being property or interest in property disproportionate to the person’s known sources of income, and the holding of which cannot be explained to the satisfaction of the court; and(b)the value of the benefits derived by the person from criminal conduct, is the aggregate of the values of the properties and interests in the properties mentioned in paragraph (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.

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.

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.

orally before the court; or(b)in writing.

substitute for that amount such amount (not exceeding the amount assessed as the value mentioned in subsection (1)) as appears to the court to be appropriate having regard to the amount now shown to be realisable; and(b)increase the term of imprisonment fixed in respect of the confiscation order under section 17(1) if the effect of the substitution is to increase the maximum period applicable in relation to the order under section 17(1).[10

the total of the values at that time of all the realisable property held by the defendant; less(b)where there are obligations having priority at that time — the total amounts payable pursuant to those obligations,together with the total of the values at that time of all gifts caught by this Act.

where any other person holds an interest in the property, is —

the market value of the firstmentioned person’s beneficial interest in the property; less(ii)the amount required to discharge any incumbrance (other than a charging order) on that interest; and(b)in any other case, is its market value.

the value of the gift to the recipient when the recipient received it adjusted to take account of subsequent changes in the value of money; or(b)where subsection (4) applies, the value mentioned therein,whichever is the greater.

the property which the recipient received (not being cash); or(b)property which, in whole or in part, directly or indirectly, represents in the recipient’s hands the property which the recipient received,the value mentioned in subsection (3)(b) is the value to the recipient at the material time of the property mentioned in paragraph (a) or paragraph (b) (as the case may be) so far as it so represents the property which the recipient received, but disregarding in either case any charging order.

pay an amount due in respect of a fine, or other order of a court, imposed or made on conviction of an offence, where the fine was imposed or order made before the confiscation order; or(b)pay any sum which would be included among the preferential debts in the defendant’s bankruptcy commencing on the date of the confiscation order or winding up under an order of the court made on that date.

in relation to bankruptcy, means the debts to be paid in priority under section 352 of the Insolvency, Restructuring and Dissolution Act 2018 (assuming the date of the confiscation order to be the date of the bankruptcy order); and(b)in relation to winding up, means the debts to be paid in priority in accordance with section 203 of the Insolvency, Restructuring and Dissolution Act 2018 (assuming the date of the confiscation order to be the commencement date of the winding up).

it was made by the defendant at any time since the beginning of the period of 6 years ending when the proceedings for a drug dealing offence were instituted against the defendant or, where no such proceedings have been instituted, when an application under section 6 for a confiscation order is made against the defendant; or(b)it was made by the defendant at any time and was a gift of property which is or is part of the benefits derived by the defendant from drug dealing.

it was made by the defendant at any time since the beginning of the period of 6 years ending when the proceedings for a serious offence were instituted against the defendant or, where no such proceedings have been instituted, when an application under section 7 for a confiscation order is made against the defendant; or(b)it was made by the defendant at any time and was a gift of property which is or is part of the benefits derived by the defendant from criminal conduct.

the circumstances in which the defendant is to be treated as making a gift include those where the defendant transfers property to another person, directly or indirectly, for a consideration the value of which is significantly less than the value of the consideration provided by the defendant; and(b)in those circumstances, this section applies as if the defendant had made a gift of such share in the property as bears to the whole property the same proportion as the difference between the values mentioned in paragraph (a) bears to the value of the consideration provided by the defendant.[12

that the person was not in any way involved in the defendant’s drug dealing or criminal conduct, as the case may be; and(b)that the person acquired the interest —

for sufficient consideration; and(ii)without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was, at the time the person acquired it, property that was involved in or derived from drug dealing or criminal conduct, as the case may be,the court is to make an order declaring the nature, extent and value (as at the time the order is made) of the person’s interest.

had knowledge of the application under section 6 or 7 for the confiscation order before the order was made; or(b)appeared at the hearing of that application,must not be permitted to make an application under subsection (3) except with the leave of the court.

that amount were a fine imposed on the defendant by the court; and(b)the term for which the court directs the defendant to be imprisoned in default of payment of any amount under section 6 or 7 is as follows:

if the amount does not exceed $20,000 — imprisonment for a term not exceeding 2 years;

if the amount exceeds $20,000 but does not exceed $50,000 — imprisonment for a term not exceeding 5 years;

if the amount exceeds $50,000 but does not exceed $100,000 — imprisonment for a term not exceeding 7 years; (iv)if the amount exceeds $100,000 — imprisonment for a term not exceeding 10 years.

a warrant to commit the defendant to prison is issued for a default in payment of an amount ordered to be paid under section 6 or 7 in respect of an offence or offences; and(b)at the time the warrant is issued, the defendant is liable to serve any term of imprisonment in respect of the offence or offences,the term of imprisonment to be served in default of payment of the amount must not begin to run until after the term mentioned in paragraph (b).

proceedings have been instituted against the defendant for a drug dealing offence or a serious offence, as the case may be;

the proceedings have not been concluded; and(c)the General Division of the High Court is satisfied that there is reasonable cause to believe that benefits have been derived by the defendant from drug dealing or from criminal conduct, as the case may be.

that a person has been informed under section 23(1) of the Criminal Procedure Code 2010 that the person may be prosecuted for a drug dealing offence or a serious offence, as the case may be; or(b)that investigation for a drug dealing offence or a serious offence (as the case may be) having been commenced against a person, the person dies or cannot be found or is outside the jurisdiction,and that there is reasonable cause to believe that benefits have been derived by that person from drug dealing or from criminal conduct, as the case may be.

references in this Act to the defendant are to be construed as references to the person mentioned in subsection (2); and(b)references in this Act to realisable property are to be construed as if, immediately before that time, proceedings had been instituted against the person mentioned in subsection (2) for a drug dealing offence or a serious offence, as the case may be.

to all realisable property held by a specified person, whether the property is described in the order or not; and(b)to all realisable property held by a specified person, being property transferred to the specified person after the making of the order.

may be made only on an application by the Public Prosecutor;

may be made on an ex parte application to a Judge in chambers; and(c)must provide for notice to be given to persons affected by the order.

may be discharged or varied in relation to any property; and(b)is discharged when proceedings for the drug dealing offence or serious offence (as the case may be) are concluded.

to take possession of any realisable property; and(b)in accordance with the directions of the General Division of the High Court, to manage or otherwise deal with any property in respect of which the Public Trustee or that person is appointed,subject to such conditions and exceptions as may be specified by the General Division of the High Court; and may require any person having possession of property in respect of which the receiver is appointed under this section to give possession of it to the Public Trustee or such receiver.

where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt; and(b)removing the property from Singapore.

where a confiscation order has not been made — of an amount equal to the value from time to time of the property charged; and(b)in any other case — of an amount not exceeding the amount payable under the confiscation order.

only on an application by the Public Prosecutor; and(b)on an ex parte application to a Judge in chambers.

any interest in realisable property, being an interest held beneficially by the defendant or by a person to whom the defendant has, directly or indirectly, made a gift caught by this Act —

in any asset of a kind mentioned in subsection (5); or(ii)under any trust; or(b)any interest in realisable property held by a person as trustee of a trust if the interest is in such an asset or is an interest under another trust and a charge may, by virtue of paragraph (a), be imposed by a charging order on the whole beneficial interest under the firstmentioned trust.

immovable property in Singapore; or(b)any capital markets products.

a confiscation order is made in proceedings instituted for a drug dealing offence or a serious offence, as the case may be;

the order is not subject to appeal; and(c)the proceedings have not been concluded,the General Division of the High Court may, on an application of the Public Prosecutor, exercise the powers conferred by subsections (3) to (7).

a confiscation order is made against a person who is, by reason of section 29, taken to be convicted of a drug dealing offence or a serious offence, as the case may be;

the order is not subject to appeal; and(c)the order has not been satisfied, whether by payment of the amount due under the order or by the defendant serving imprisonment by default.

to enforce any charge imposed under section 20 on realisable property or on interest or dividends payable in respect of such property; and(b)in relation to any realisable property other than property for the time being subject to a charge under section 20, to take possession of the property subject to such conditions or exceptions as may be specified by the General Division of the High Court.

the proceeds of the enforcement of any charge imposed under section 20;

the proceeds of the realisation, other than by the enforcement of such a charge, of any property under section 19 or 22; and(c)any other sums, being property held by the defendant,must, after such payments (if any) as the General Division of the High Court may direct have been made out of those sums, be applied on the defendant’s behalf towards the satisfaction of the confiscation order.

among such of those who held property which has been realised under this Act; and(b)in such proportions,as the General Division of the High Court may direct after giving a reasonable opportunity for such persons to make representations to the General Division of the High Court.[20

in the case of realisable property held by a person who has been adjudged bankrupt or whose estate has been sequestrated, the court must take into account the extent to which any property held by the person may be distributed among creditors; and(b)the court may disregard any inadequacy in the realisable property which appears to the court to be attributable, wholly or partly, to anything done by the defendant for the purpose of preserving any property held by a person to whom the defendant had, directly or indirectly, made a gift caught by this Act from any risk of realisation under this Act.

substitute for the amount to be recovered under the order such lesser amount as the court thinks just in all the circumstances of the case; and(b)substitute for the term of imprisonment fixed under section 319 of the Criminal Procedure Code 2010 in respect of the amount to be recovered under the order a shorter term determined in accordance with that section (as it has effect by virtue of section 17) in respect of the lesser amount.[22

property for the time being subject to a restraint order made before the order adjudging the person bankrupt; and(b)any proceeds of property realised by virtue of section 19(6) or 22(6) or (7) for the time being in the hands of the Public Trustee or a receiver under section 19 or 22,are excluded from the bankrupt’s estate for the purposes of the Insolvency, Restructuring and Dissolution Act 2018.

property for the time being comprised in the bankrupt’s estate for the purposes of the Insolvency, Restructuring and Dissolution Act 2018;

property which is not comprised in the bankrupt’s estate by virtue of section 329(2) of that Act; and(c)property which is to be applied for the benefit of creditors of the bankrupt by virtue of a condition imposed under section 394(3)(c) of that Act.

made before the order adjudging the person bankrupt; or(b)on property which was subject to a restraint order when the order adjudging the person bankrupt was made.

the powers conferred on the receiver by virtue of the Insolvency, Restructuring and Dissolution Act 2018 do not apply to property for the time being subject to the restraint order; and(b)any such property in the hands of the receiver must, subject to a lien for any expenses (including the receiver’s remuneration) properly incurred in respect of the property, be dealt with in such manner as the General Division of the High Court may direct.

property for the time being subject to a restraint order made before the relevant time; and(b)any proceeds of property realised by virtue of section 19(6) or 22(6) or (7) for the time being in the hands of the Public Trustee or a receiver under section 19 or 22,but there is payable out of such property any expenses (including the remuneration of the liquidator or provisional liquidator) properly incurred in the winding up in respect of the property.

so as to inhibit the liquidator from exercising those functions for the purpose of distributing any property held by the company to the company’s creditors; or(b)so as to prevent the payment out of any property of expenses (including the remuneration of the liquidator or any provisional liquidator) properly incurred in the winding up in respect of the property.

where no order for the winding up of the company has been made — the time of the passing of the resolution for voluntary winding up;

where such an order has been made and, before the making of the application for the winding up of the company by the General Division of the High Court, such a resolution had been passed by the company —the time of the passing of the resolution; and(c)in any other case where such an order has been made — the time of the making of the order.[24

investigations for a drug dealing offence have been commenced against the person; and(b)the person —

dies before proceedings in respect of the offence were instituted, or if such proceedings were instituted, the person dies before he or she is convicted; or(ii)cannot be found, apprehended or extradited, at the end of the period of 6 months from the date on which investigations mentioned in paragraph (a) were commenced against him or her.

investigations for a serious offence have been commenced against the person; and(b)the person —

dies before proceedings in respect of the offence were instituted, or if such proceedings were instituted, the person dies before he or she is convicted of the offence; or(ii)cannot be found, apprehended or extradited, at the end of the period of 6 months from the date on which the investigations mentioned in paragraph (a) were commenced against him or her.[26

a deceased defendant is, until the contrary is proved, presumed to have derived benefits from drug dealing if he or she had, at any time (whether before or after 30 November 1993) since the beginning of the period of 6 years ending at the date of his or her death, held any property or interest in any property disproportionate to his or her known sources of income, the holding of which cannot be explained to the satisfaction of the court;

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

the value of the benefits derived by a deceased defendant from drug dealing is the aggregate of the values of those properties and interests in 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 under this Act or Part 9 of the Organised Crime Act 2015 previously made against the deceased defendant.

a deceased defendant is, until the contrary is proved, presumed to have derived benefits from criminal conduct, if he or she had, at any time (whether before or after 13 September 1999) since the beginning of the period of 6 years ending at the date of his or her death, held any property or interest in any property disproportionate to his or her known sources of income, and the holding of which cannot be explained to the satisfaction of the court;

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

the value of the benefits derived by a deceased defendant from criminal conduct is the aggregate of the values of those properties and interests in those properties mentioned in paragraphs (a) and (b) 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 under this Act or Part 9 of the Organised Crime Act 2015 or any order made under section 13 of the Prevention of Corruption Act 1960 previously made against the deceased defendant.

subsection (5) is not rebutted merely by adducing proof to the effect that the property or interest in the property was derived from criminal conduct;

subsection (6) is not rebutted merely by adducing proof to the effect that the property or interest in the property was derived from drug dealing.

after investigations for a drug dealing offence or a serious offence (as the case may be) have been commenced against him or her; and(b)before proceedings in respect of the offence have been instituted or if such proceedings have been instituted, before he or she is convicted of the offence.

the defendant had used or intended to use any property (called in this Part an instrumentality) for the commission of the offence; and(b)the instrumentality is not available for forfeiture as mentioned in subsection (2).

the instrumentality is not held by the defendant;

the instrumentality is held by the defendant and has been seized under any written law, but has been ordered to be released, or to be disposed of in favour of any person other than the defendant; or(c)the instrumentality has been sold or otherwise disposed of, or cannot be found.

the court assesses to be the value of the instrumentality at the time the drug dealing offence or serious offence was committed; and(b)is specified in the order.

the following modifications:

a reference in section 6(2) or 7(2) to a court being satisfied that a defendant has derived benefits from drug dealing or from criminal conduct is to be read as a reference to a court being satisfied that the defendant had used or intended to use any property for the commission of the drug dealing offence or serious offence in question;

a reference in section 6(2) or 7(2) to a determination in accordance with section 13 of the amount to be recovered by virtue of section 6 or 7 is to be read as a reference to a determination in accordance with sections 13 and 34(3) and (4) of the amount to be recovered by virtue of section 34;

the reference in section 12(1) to a determination of whether benefits have been derived by a defendant from drug dealing or from criminal conduct is to be read as a reference to a determination of whether the defendant had used or intended to use any property for the commission of the drug dealing offence or serious offence in question;

a reference in section 12(1) or 13(3) or (7) to an assessment of the value of benefits derived by a defendant from drug dealing or from criminal conduct is to be read as a reference to an assessment of the value of the instrumentality in accordance with section 34(3) and (4);

the reference in section 12(6) to an acceptance by a defendant that benefits have been derived by the defendant from drug dealing or from criminal conduct is to be read as a reference to an acceptance by the defendant that the defendant had used or intended to use any property for the commission of the drug dealing offence or serious offence in question;

each reference in section 17 to an order to pay an amount under section 6 or 7 is to be read as a reference to an order to pay an amount under a substitute property confiscation order;

a reference in section 18(1) or (2) to the General Division of the High Court being satisfied that there is reasonable cause to believe that benefits have been derived by a person from drug dealing or from criminal conduct is to be read as a reference to the General Division of the High Court being satisfied that there is reasonable cause to believe that the person had used or intended to use any property for the commission of the drug dealing offence or serious offence in question;

the reference in section 20(1)(a) to a confiscation order is to be read as a reference to a substitute property confiscation order; and(b)such other modifications as may be prescribed for the purposes of this subsection.

a reference in section 20(1)(b) or 23(2) to the amount payable under a confiscation order is to be read as a reference to the total amount payable under both orders;

a reference in section 23(1) or 24(2) or (6) to the satisfaction of a confiscation order is to be read as a reference to the satisfaction of both orders; and(c)each reference in section 25 to the amount to be recovered under a confiscation order is to be read as a reference to the amount to be recovered under either order or both orders, as the case may be.

includes a reference to section 2, insofar as that section applies to the interpretation of the provisions of those Parts; but(b)excludes any reference to sections 6(1), (6), (7), (8) and (10), 7(1), (6), (7) and (8), 10, 11, 13(1), 16 and 31(4), (5), (6), (7) and (9), and all other provisions that are rendered inapplicable by regulations made for the purpose of subsection (1)(b).[29C

produce the material to an authorised officer for him or her to take away; or(b)give an authorised officer access to it,within such period as the order may specify.

that there are reasonable grounds for suspecting that a specified person has carried on or has benefited from drug dealing or from criminal conduct, as the case may be;

that there are reasonable grounds for believing that the material to which the application relates —

is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made; and(ii)does not consist of or include items subject to legal privilege; and(c)that there are reasonable grounds for believing that it is in the public interest, having regard —

to the benefit likely to accrue to the investigation if the material is obtained; and(ii)to the circumstances under which the person in possession of the material holds it,that the material should be produced or that access to it should be given.

the discharge and variation of orders under this section; and(b)proceedings relating to such orders.

an order under subsection (3)(a) has effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible; and(b)an order under subsection (3)(b) has effect as an order to give access to the material in a form in which it is visible and legible.

automatically processes information;

automatically records or stores information;

can be used to cause information to be automatically recorded, stored or otherwise processed on other equipment (wherever situated); or(d)can be used to retrieve information whether the information is recorded or stored in the equipment itself or in other equipment (wherever situated).

does not confer any right to production of, or access to, items subject to legal privilege;

has effect despite any obligation as to secrecy or other restriction upon the disclosure of information imposed by statute or otherwise; and(c)may be made in relation to material in the possession of a public body as defined in section 49(15).

the production or making available of the material might tend to incriminate the person or make the person liable to a penalty; or(b)the production or making available of the material would be in breach of an obligation (whether imposed by law or otherwise) of the person not to disclose the existence or contents of the material.

produce the material to the Public Prosecutor or the person duly authorised by the Public Prosecutor for the Public Prosecutor or such person to take away; or(b)give the Public Prosecutor or the person duly authorised by the Public Prosecutor access to the material,within a reasonable period, but not less than 7 days, as the order may specify.

that there are reasonable grounds for suspecting that a specified person has carried on or has benefited from drug dealing or criminal conduct, as the case may be;

that there are reasonable grounds for believing that the material to which the application relates —

is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made; and(ii)does not consist of or include items subject to legal privilege; and(c)that there are reasonable grounds for believing that it is in the public interest to produce the material to which the application relates.