E.R.
6
or her to another person otherwise than for full value, where the transfer has taken place within the previous five years or where the property can be shown to represent the proceeds or drug trafficking.
15. In granting a restraint order it will be open to the court to appoint a receiver for such purposes as the continued management of a business, the safeguarding or disposal of perishable assets, or (where the order relates to the defendant's assets collectively) identifying and taking control of assets not previously discovered. The accused and any other person affected by the order will be able to apply to the High Court to have it varied or rescinded, or to obtain the use of money or property to meet their urgent needs pending trial.
CONFISCATORY FINES
16.
Central to the Government's proposals will be the new concept of a confiscatory fine, which will provide the Crown Court with a flexible and effective means of stripping drug traffickers of the whole of their proceeds. Unlike forfeiture powers, which operate only to deprive an offender of specific property which can be shown to relat to his offence, the confiscatory fine will operate by making any of the offender's assets liable to confiscation up to the full value of the
proceeds of his crimes.
17. In addition to whatever sentence it considers appropriate to the offence, the Crown Court will be required to impose a confiscatory fine which is equal to the full amount of the proceeds from the defen-
dant's drug trafficking activities. For this purpose the whole of his assets will be taken to represent the proceeds of drug trafficking
except insofar as the judge is satisfied to the contrary. In effect, the burden of proof will be placed on a convicted drug trafficker to show which, if any, of his assets were legitimately acquired. This
presumption will not be applied, however, where the only offence of which the defendant has been convicted is the new offence of handling the proceeds of drug trafficking.