The Criminal Justice (International Co-operation) (Anguilla) Order 1994

Increase in realisable property.

16.—(1) This section has effect where by virtue of section 8(3) of the Drugs Trafficking Offences Ordinance 1988 (insufficient realisable property) the amount which a person is ordered to pay by a confiscation order is less than the amount assessed to be the value of his proceeds of drug trafficking.

(2) If, on an application made either by a prosecutor or by a receiver appointed under the said Ordinance of 1988 for an increase in the amount to be recovered under the confiscation order, the High Court is satisfied that the amount that might be realised in the case of the person in question is greater than the amount taken into account in making the confiscation order (whether it was greater than was thought when the order was made or has subsequently increased) the court may—

(a) substitute for that amount such amount (not exceeding the amount assessed as the value referred to in subsection (1) above) as appears to the court to be appropriate having regard to the amount now shown to be realisable; and

(b) increase the term of imprisonment fixed in respect of the confiscation order under subsection (2) of section 9 of the Drugs Trafficking Offences Ordinance 1988 if the effect of the substitution is to increase the maximum period applicable in relation to the order.