Part III Offences in connection with proceeds of drug trafficking
51 Acquisition, possession or use of proceeds of drug trafficking.
1
A person is guilty of an offence if, knowing that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of drug trafficking, he acquires or uses that property or has possession of it.
2
It is a defence to a charge of committing an offence under this section that the person charged acquired or used the property or had possession of it for adequate consideration.
3
For the purposes of subsection (2) above—
a
a person acquires property for inadequate consideration if the value of the consideration is significantly less than the value of the property; and
b
a person uses or has possession of property for inadequate consideration if the value of the consideration is significantly less than the value of his use or possession of the property.
4
The provision for any person of services or goods which are of assistance to him in drug trafficking shall not be treated as consideration for the purposes of subsection (2) above.
5
Where a person discloses to a constable a suspicion or belief that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of drug trafficking, or discloses to a constable any matter on which such a suspicion or belief is based—
a
the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise; and
b
if he does any act in relation to the property in contravention of subsection (1) above, he does not commit an offence under this section if—
i
the disclosure is made before he does the act concerned and the act is done with the consent of the constable; or
ii
the disclosure is made after he does the act, but is made on his initiative and as soon as it is reasonable for him to make it.
6
For the purposes of this section, having possession of any property shall be taken to be doing an act in relation to it.
7
In proceedings against a person for an offence under this section, it is a defence to prove that—
a
he intended to disclose to a constable such a suspicion, belief or matter as is mentioned in subsection (5) above, but
b
there is reasonable excuse for his failure to make any such disclosure in the manner mentioned in paragraph (b)(i) or (ii) of that subsection.
8
In the case of a person who was in employment at the time in question, subsections (5) and (7) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.
9
No constable or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to drug trafficking or the proceeds of drug trafficking.