Law library · Sierra Leone · Terrorism Act, 2012
Section 91, Terrorism Act, 2012
Status not yet checkedTerrorism Act, 2012, Sierra Leone
(1) Where– (a) a person has been convicted of an unlawful
activity or offence and the competent
authority tenders to the court a statement as
to any matters relevant to-
(i) determining whether the person has
benefited from the unlawful activity or
offence or from any other unlawful
activity or offence of which he is
convicted in the same proceedings or
which is taken into account in
determining his sentence; or
Statements
relating to
benefits from
commission
of unlawful
activity or
84 85
(ii) an assessment of the value of the
person’s benefit from the unlawful
activity or offence or any other unlawful
activity or offence of which he is
convicted in the same proceedings or
which is taken into account; and
(b) the person accepts to any extent an allegation
in the statement,
the Court may, for the purposes of so determining or making that
assessment, treat his acceptance as conclusive of the matters to
which it relates.
(2) Where–
(a) a statement is tendered under paragraph (a)
of subsection (1); and
(b) the court is satisfied that a copy of that
statement has been served on the person,
the Court may require the person to indicate to what extent he accepts
each allegation in the statement and, so far as the person does not
accept any allegation, to indicate any matters he proposes to reply
on.
(3) Where the person fails in any respect to comply with
a requirement under subsection (2), he may be treated for the purposes
of this section as having accepted every allegation in the statement
other than–
(a) an allegation in respect of which he complied
with the requirement; and
(b) an allegation that he has benefited from the
unlawful activity or offence or that any
property or advantage was obtained by him
as a result of or in connection with the
commission of the unlawful activity or
(4) Where–
(a) the person tenders to the court a statement
as to any matters relevant to determining the
amount that might be realized at the time the
pecuniary penalty order is made; and
(b) the competent authority accepts to any
extent any allegation in the statement,
the Court may, for the purposes of that determination, treat the
acceptance of the competent authority as conclusive of the matters
to which it relates.
(5) An allegation may be accepted or a matter indicated
for the purposes of this section, either -
(a) orally before the court; or
(b) in writing, in accordance with rules of court.
(6) An acceptance by a person under this section that he
received any benefits from the commission of an unlawful activity or
offence is admissible in any proceedings for an offence.
Read the whole lawDownload PDFAsk Tima what this means
Check the current official version before relying on this text. MiLAWYER shares legal information, not legal advice.