Drug Trafficking (Bailiwick of Guernsey) Law (Enforcement of External Forfeiture Orders) Ordinance, 2000

Summary

This Ordinance establishes the legal mechanism by which the Royal Court of Guernsey can recognise and enforce forfeiture orders made by courts in other designated countries in connection with drug trafficking offences. It empowers the Royal Court to register external forfeiture orders, issue restraint orders freezing property pending or during related overseas proceedings, and appoint Her Majesty's Sheriff to take possession of or manage such property.

• External forfeiture orders: Defines an external forfeiture order as any order of a designated country's court for forfeiture and destruction, or forfeiture and other disposal, of property connected to a drug trafficking offence.
• Restraint orders: Allows the Royal Court, on application by Her Majesty's Procureur, to prohibit a person from dealing with property liable to forfeiture where overseas proceedings or investigations are underway or anticipated.
• Sheriff's powers: Permits appointment of Her Majesty's Sheriff to take possession of, manage, or otherwise deal with restrained property, and gives Sheriff protection from liability for actions taken in good faith.
• Registration and enforcement: Sets out conditions under which the Royal Court, sitting as an Ordinary Court, may register an external forfeiture order and subsequently order forfeiture of the specified property.
• Evidence provisions: Provides rules for proof and evidentiary treatment of foreign court orders, judgments, and certificates from the appropriate authority of a designated country.

The Ordinance is a procedural and enforcement framework operating between the Royal Court, Her Majesty's Procureur, and designated foreign authorities, rather than a set of ongoing compliance obligations for licensed financial services businesses. It came into force on 1 January 2001 and has since been amended, notably in 2004 to extend restraint order powers to cases involving criminal investigations (not just instituted proceedings).

Key obligations

• A person subject to a restraint order must not deal with the property specified in the order except as permitted by its conditions and exceptions
• Any person holding possession of property in respect of which Her Majesty's Sheriff is appointed must give possession of it to the Sheriff on request
• An application for a restraint order must be supported by an affidavit meeting the requirements of section 3 (grounds, particulars of property, and timing of proceedings)

Applies to

defendants subject to external forfeiture or restraint proceedings, persons holding or dealing with property liable to forfeiture, Her Majesty's Procureur, Her Majesty's Sheriff, Royal Court

Deadlines

• 1st January 2001: Commencement date of the Ordinance
• 8th December 2004: Effective date of 2004 amendments extending restraint order powers to criminal investigations and related evidentiary provisions

Related documents

• This document is made under Drug Trafficking (Bailiwick of Guernsey) Law, 2000