Law library · Sierra Leone · Terrorism Act, 2012
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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