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Seizure and detention of cash

Cap. 108:01, s. 47 · Revised Edition 2020

(1) Where the Director of Public Prosecutions has reasonable grounds to suspect that any cash is or represents property obtained through acts of trafficking in persons, he may seize the cash. cash. (2) The Director of Public Prosecutions may seize cash, even if it reasonably suspects that only a part of the cash to be cash obtained as a result of the offence of trafficking in persons, where it is not reasonably practicable to seize that part only of the cash. (3) The Director of Public Prosecutions may exercise his powers under sub-section (1), whether or not any proceedings have been brought for an offence in connection with the offence (4) The Director of Public Prosecutions shall, as soon as is reasonably practicable, apply to a judge in chambers for a detention order with respect to the cash seized under sub-section (1). (5) The judge in chambers shall not make an order for detention of the cash unless he is satisfied that there are reasonable grounds for suspecting that the cash is or represents property obtained through activities of trafficking in persons. (6) Subject to sub-section (8), any order made under sub- section (5) shall remain valid for a period of ninety days, and may be renewed for further periods of ninety days by the judge in chambers, until production of the cash before the court in 40 proceedings against any person for the offence of trafficking in persons with which the cash is connected. (7) Any cash detained under this section shall be held in escrow by the Director of Public Prosecutions pending the completion of the proceedings to which the detained cash relates and if such cash is found to be the proceeds of trafficking it shall vest in the Government and be deposited into the Consolidated Revenue Fund. (8) A judge in chambers may, by order, release any detained cash– (a) where the conditions under sub-section (5) are no longer met; or (b) where no proceedings are brought in Belize or elsewhere against any person for an offence relating to the detained cash. (9) For the purposes of this section, “cash” means– (a) coins and notes in any currency; (b) postal orders; (c) traveler’s cheques; (d) banker’s drafts; (e) bearer bonds and bearer shares; or (f) such other monetary instruments as the Minister may prescribe by notice published in the Gazette. Trafficking In Persons (Prohibition) [CAP. 108:01 41
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