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Section 70, Terrorism Act, 2012

Status not yet checkedTerrorism Act, 2012, Sierra Leone

(1) Cash and negotiable bearer instruments seized underthis Part shall not be detained for more than ten working days after seizure, unless a court grants an order for continued detention for a period not exceeding three months from the date of seizure, upon being satisfied that– (a) there are reasonable grounds to suspect that it was derived from an unlawful activity, a money laundering offence or an offence of financing of terrorism, or is intended by any person for use in the commission of such an offence; and (b) its continued detention is justified while its origin or derivation is further investigated. Seizure of cash or negotiable instruments. Retention and release of cash or negotiable instruments seized. 64 65 (2) The court may subsequently order, after hearing, with notice to all parties concerned, the continued detention of the cash and negotiable bearer instruments if satisfied with the matters mentioned in subsection (1); but the total period of detention shall not exceed two years from the date of the order. (3) Subject to subsection (5), cash and negotiable bearer instruments detained under this section shall be released in whole or in part to the person from whom it was seized or to other persons claiming an interest in the cash or negotiable bearer instruments– (a) by order of a Court that its continued detention is no longer justified, upon application by or on behalf of that person and after considering any views of the relevant authority to the contrary; or (b) by the relevant authority, if satisfied that its continued detention is no longer justified. (4) Where the cash and negotiable bearer instruments have not been claimed by any person within two years of it being seized or detained, the relevant authority may make an application to the Court that such cash or negotiable instrument be forfeited to the State. (5) No cash or negotiable bearer instruments detained under this section shall be released where – (a) an application is made under Part VII for the purpose of – (i) the forfeiture of the whole or any part of the cash or negotiable bearer instrument; or (ii) its continued detention pending determination of its liability to forfeiture; (b) proceedings are instituted in Sierra Leone or elsewhere against any person for an offence with which the cash or negotiable bearer instrument is connected, until the proceedings relating to the relevant application or the proceedings for the offence, as the case may be, have been concluded. PART IX–LAW ENFORCEMENT MEASURES

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