s.70Tainted gifts
70
Section 70Part 2 — The Financial Reporting Authority

Tainted gifts

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

Whether or not a court has made a decision that a defendant has a criminal lifestyle a gift is tainted if —
it was made by the defendant at any time after the relevant day; or
if it was made by the defendant at any time and was of property —
which was obtained by the defendant as a result of or in connection with that person’s general criminal conduct; or
which, in whole or part and whether directly or indirectly, represented in the defendant ’ s hands property obtained by that person as a result of or in connection with that pers on’s general criminal conduct.
Where a court has decided that the defendant does not have a criminal lifestyle a gift is considered to be tainted if it was made by the defendant at any time after —
the date on which the offence concerned was commit ted; or
if that person’s particular criminal conduct consists of two or more offences and they were committed on different dates, the date of the earliest.
For the purposes of subsection (2) —
an offence which is a continuing offence is committ ed on the first occasion when it began to be committed; and
the defendant ’ s particular criminal conduct includes any conduct which constitutes offences which the court has taken into consideration in deciding that person’s sentence for the offence or o ffences concerned.
A gift may be a tainted gift whether it was made before or after the 3 0th September, 2008, the c ommencement date of the Proceeds of Crime Law, 2008 [Law 10 of 2008] .
The relevant day is the first day of the period of six years ending with —
the day when proceedings for the offence concerned were started against the defendant; or
if there are two or more offences and proceedings for them were started on different days, the earliest of those days.

Referenced By