Section 82, Terrorism Act, 2012

(1) Where a person is convicted of an unlawful activity,an offence of money laundering or financing of terrorism, and the court is satisfied that the person has derived, obtained or realised, directly or indirectly, property from the commission of the offence the court may, unless proved to the contrary, on the application of the competent authority or a person authorised by the competent authority, after the conviction of the person, make an order of forfeiture in respect of that property. Service of restraining Registration of restraining. order. Cap. 256. Cap 256. Contravention of restraining Extension of restraining Seizure of subject to restraining Forfeiture of property. 72 73 (2) Property subject to a forfeiture order under subsection (1) include the assets laundered or terrorist property, the proceeds, income, and gains from such assets, the assets intended to be laundered, assets used to facilitate or commit the unlawful activity or instrumentalities used or intended to be used in the commission of the offence of money laundering or financing of terrorism. (3) Where the Court is satisfied that a forfeiture order should be made in respect of the property of a person convicted of an unlawful activity or instrumentalities used or intended to be used in the commission of the offence of money laundering or financing of terrorism but that the specified property or any part of it or interest in it cannot, for whatever reason, be made subject to such an order and, in particular that it:– (a) cannot, on the exercise of due diligence be located; (b) has been transferred to a third party in circumstances which do not give rise to a reasonable inference that the title or interest was transferred for the purpose of avoiding the confiscation of the property; (c) is located outside Sierra Leone; (d) has been substantially diminished in value or rendered worthless; or (e) has been co-mingled with other property that cannot be divided without difficulty, the Court may, instead of ordering the property or part of it or interest in it to be confiscated, order the person to pay to the Government an amount equal to the value of the property, part or interest. (4) Where property subject to forfeiture has been comingled with property acquired legitimately or acquired using funds from legitimate sources, the court shall in the forfeiture order, declare the nature, extent and value of the property which is to be forfeited only in regard to property subject to the unlawful activity or money laundering offence or financing of terrorism offence. (5) A court shall not make an order of forfeiture under this section in respect of any property where the court is satisfied that the person, not being the person who was convicted, who is in possession of the property or purports to be its owner acquired the property in good faith and– (a) for sufficient consideration; and (b) without knowing and in circumstances such as not to arouse a reasonable suspicion, that the property was, at the time of its acquisition, unlawfully derived, obtained or realised from the commission of the unlawful activity or money laundering offence or financing of terrorism offence. (6) A person who under this section claims an interest in any property in respect of which an application for forfeiture has been made may– (a) before the court makes an order of forfeiture; (b) when the court has made an order of forfeiture, within thirty days after the order was made– (i) apply to the court against the granting of the order or where the court has made an order of forfeiture, for an order declaring the nature, extent and value of the claimant’s interest, directing the Government to transfer the property to the claimant; or (ii) declare that there is payable to the claimant by the Government an amount equal in value to the value of the claimant’s interest declared under this section. 74 75 (7) If a court is satisfied that a person referred to in subsection (5) – (a) has an interest in the property which is the subject of the application; and (b) has exercised reasonable care to ensure that the property is not the proceeds of a crime, or terrorist property, or would not be used to commit or facilitate the commission of a terrorist act and would not be used by a terrorist group; and (c) is not a member of a terrorist group; the court shall order that the interest shall not be affected by the order and the order shall declare the nature and extent of the interest in question. (8) Where– (a) the court has made an order of forfeiture under this section; and (b) the conviction of the person in relation to whom the order was made is quashed, the order of forfeiture shall cease to have effect and a person who claims to have an interest in any property in respect of which the order was made may apply to the court for an order– (i) declaring the nature, extent and value of the claimant’s interest; (ii) directing the Government to transfer the property to the claimant; or (iii) declaring that there is payable to the claimant by the Government an amount equal in value to the value of the claimant’s interest declared under this subsection. (9) Where– (a) the court has made an order of forfeiture under this section; and (b) the conviction of the person in relation to whom the order was made is quashed, the competent authority shall, as soon as is practicable after the quashing of the conviction, give notice to any person the competent authority has reason to believe may have an interest in any money or property in respect of which the order of forfeiture was made immediately before the order was made or to any other person or class of persons whom the court considers appropriate. (10) A person who makes an application under this section shall give notice to the competent authority and the competent authority shall be a party to a proceeding on the application. (11) Where an application has been made under subsection (1), the court may, for the purpose of tracing of the property or preventing the circumventing of an order of forfeiture which the court may make under this section, make an order or give such direction as the court thinks necessary and may in particular make – (a) a prohibition order or a restraining order; (b) a production order; or (c) an order that any property be transferred to a named person to be held by the person pending the determination of the application. 76 77 (12) For the purpose of an order of forfeiture under this section, it shall be presumed that any money or property which appears– (a) to have been under the control of the person convicted or held by that person any time after the person committed the offence and before the court makes an order under subsection (1); (b) to have been transferred to or by, or deposited with or by, the person convicted at any time after that person committed an offence and before the court makes an order under subsection (1); are proceeds of crime or used in or intended to be used in the commission of an unlawful activity, the offence of money laundering or the offence of financing of terrorism. (13) In determining whether or not any property is derived from an unlawful activity or money laundering or related to financing of terrorism, the court will apply the standard of proof required in civil proceedings. (14) The powers contained in this section are exercisable in relation to any property including cash, whether or not any proceedings have been brought for an offence committed in connection with the property.