Cash Seizure and Detention Laws Take Effect in St Helena

As part of its efforts to combat financial crime, the Government of St Helena has introduced new laws governing the seizure and detention of cash suspected of being linked to illegal conduct. These measures come into effect today, providing authorities with the necessary powers to take action against suspected criminal property.

New Regulations for Seizing Cash

Under the new regulations, customs officers and police officers may seize whole amounts of cash if they have reasonable grounds for suspecting that it is criminal property or intended for use in criminal conduct. This power extends to seizing the entire amount of cash if it is not practicable to separate the suspected illegal funds from the rest.

Detention Period and Extensions

The detained cash can be held for up to 48 hours initially, with extensions possible by order of the Magistrates’ Court. The court may extend the detention period if there are reasonable grounds for suspecting that the cash is criminal property or intended for use in criminal conduct, and if continued detention is justified while investigations or proceedings are ongoing.

Interest Accrual

In cases where the seized cash is not released or forfeited within three months, interest will accrue on it. The interest will be added to the cash if it is ultimately forfeited or released.

Release of Detained Cash

The Magistrates’ Court may also order the release of detained cash if the conditions for detention are no longer met. In such cases, the court must be satisfied that the cash is not criminal property and that its continued detention is no longer justified.

Forfeiture Proceedings

Forfeiture proceedings can be initiated while cash is still detained under section 15. The Magistrates’ Court may order the forfeiture of the whole or any part of the seized cash if it is satisfied that the conditions for detention are met.

Aims and Objectives

The new laws aim to strengthen the Government’s efforts in combating financial crime and disrupting organized criminal activity. They provide customs officers and police officers with the necessary powers to take action against suspected illegal funds, while also ensuring that innocent individuals are not unfairly targeted.

“We are committed to tackling financial crime and protecting our citizens from the harm caused by illegal activities,” said a Government spokesperson. “These new laws demonstrate our determination to stay ahead of criminals and bring them to justice.”