Drug Trafficking Offences (Amendment) Act, 2025 (No. 8 of 2025)

Summary

This is a Virgin Islands (BVI) Act amending the Drug Trafficking Offences Act, Revised Edition 2020, to address deficiencies identified in the CFATF Fourth Round Mutual Evaluation Report on AML/CFT compliance. It introduces new law-enforcement powers for drug trafficking investigations and increases certain statutory penalties.

• Covert operatives (new s.4B): The Commissioner of Police may authorise a police officer or other person to act as a covert operative, including possessing dangerous drugs for detection purposes; such persons are protected from being treated as accomplices and their evidence is admissible.
• Investigative powers (new s.4C): A Judge in Chambers may issue warrants allowing police to tap or surveil telephone lines and computer systems, place bank accounts under surveillance, or access banking, financial and commercial records; professional secrecy cannot be invoked to refuse compliance with such a warrant.
• Controlled delivery (new s.4D): The Commissioner of Police (or an authorised Gazetted Police Officer) may authorise consignments of suspected dangerous drugs to enter or pass through the Territory to identify offenders, with Customs required to comply with related instructions.
• Increased penalties: Sections 33, 35 and 36 of the principal Act are amended to raise maximum prison terms and fines for certain drug trafficking offences (e.g. fines raised from $300,000 to $500,000 and from $600,000 to $1,500,000; imprisonment terms increased from 7 to 8 years and 15 to 20 years; fine under section 36 raised from $150,000 to $250,000).
• International and domestic cooperation (new s.53A): Establishes a duty for the Commissioner of Police to cooperate and share information with domestic law enforcement agencies, competent authorities, and foreign law enforcement agencies for investigating drug offences, including providing feedback on the use of shared information upon request.

The Act does not itself take effect immediately; it will come into force on a date to be appointed by the Governor via Gazette notice.

Key obligations

• A person subject to a warrant issued under new section 4C must comply with its requirements and may not refuse on grounds of professional secrecy.
• An authorised person (other than a police officer) who acquires a controlled drug under section 4B must deliver it to a police officer as soon as reasonably possible, or commits an offence.
• The Commissioner for Customs must comply with instructions issued by the Commissioner of Police for carrying out controlled delivery operations under section 4D.
• Police officers and other officers exercising powers under sections 4B and 4D must comply with procedures prescribed under the Police Act for special investigative techniques.
• The Commissioner of Police must, where requested in writing, provide timely feedback to a requesting authority on the use and usefulness of information or material received through cooperation under section 53A.

Applies to

persons subject to investigation warrants (including holders of bank, financial and commercial records), banks and financial institutions holding records subject to surveillance or access under a warrant, the Commissioner of Police, the Commissioner for Customs, law enforcement agencies and competent authorities (domestic and foreign)

Deadlines

• date to be appointed by the Governor by Notice in the Gazette: Commencement date of the Drug Trafficking Offences (Amendment) Act, 2025

Related documents

• This document amends Drug Trafficking Offences Act (Revised Edition 2020)