Statement relating to drug trafficking

(1) Where the prosecutor asks the court to proceed under section 30 he shall give the court, within such period as it may direct, a statement of matters which he considers relevant in connection with– (a) determining whether the defendant has benefited from drug trafficking; or (b) assessing the value of his proceeds of drug (2) In this section, such a statement is referred to as a “prosecutor’s statement”. (3) Where the court proceeds under section 30 without the prosecutor having asked it to do so, it may require him to give it a prosecutor’s statement, within such period as it may direct. (4) Where the prosecutor has given a prosecutor’s (a) he may at any time give the court a further such statement; and (b) the court may at any time require him to give it a further such statement, within such period as it may direct. (5) Where any prosecutor’s statement has been given and the court is satisfied that a copy of the statement has been served on the defendant, it may require the defendant– (a) to indicate to it, within such period as it may direct, the extent to which he accepts each allegation in the statement; and 51 (b) so far as he does not accept any such allegation, to give particulars of any matters on which he proposes to rely. (6) Where the court has given a direction under this section it may at anytime vary it by giving further direction. (7) Where the defendant accepts to any extent any allegation in any prosecutor’s statement, the court may, for the purposes of– (a) determining whether the defendant has benefited from drug trafficking; or (b) assessing the value of his proceeds of drug trafficking, treat his acceptance as conclusive of the matters to which it relates. (8) Where– (a) 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 forfeiture order under this Part is made; and (b) the prosecution accepts to any extent any allegation in such 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. (9) An obligation may be accepted, or particulars of any matter may be given, for the purpose of this section, in such manner as may be prescribed by rules of court or as the court may direct. 52