Forfeiture of assets acquired from drug trafficking

(1) Where a person, has been convicted of a drug trafficking offence the court before which the defendant is convicted shall, before passing sentence, determine whether he has benefitted from drug trafficking and if the court so determines, the court shall, upon the application of the prosecution or, if it considers that even though the prosecution has not asked it to do so, it is appropriate for it to proceed under this section– (a) determine in accordance with section 35, the value of the defendant’s proceeds of drug trafficking; and 46 (b) in addition to any other punishment, order the forfeiture of such amount as represents the value of the defendant’s proceeds of drug trafficking as so determined. (2) A person against whom proceedings have been instituted for a drug trafficking offence is referred to in this Part, whether or not he has been convicted, as “the defendant”. (3) The standard of proof required to determine any question arising under this Act as to– (a) whether a person has benefited from drug trafficking; or (b) the amount to be recovered in his case by virtue of this Act, shall be that applicable in civil proceedings.