ER.
5.
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12.
The proposed offence would extend to activities in this country relating to proceeds located abroad, and to drug trafficking anywhere in the world. The offence would be triable on indictment only, and would attract maximum penalties of 14 years' imprisonment and an unlimited fine. A conviction for the new offence would not necessarily depend on the drug trafficker himself being convicted of a drug
trafficking offence.
TRACING THE PROCEEDS
13. The success of a drug trafficking investigation may well depend on obtaining information at an early stage about the movement or disposal
of assets by the suspected offender. Such information will also be
desirable in order to identify the full range of an offender's assets
with a view to confiscation. Accordingly we envisage a procedure, where there are reasonable grounds for suspecting that a person has been involved in drug trafficking but insufficient grounds for linking him or her with any specific offence, for the police or Customs to apply. to a circuit judge for an order requiring banks or others to disclose
information about assets held by the suspected offender. Urgent consultations are under way between the Home Office, the police, HM Customs, the Inland Revenue, the banks and others about what further
powers may be necessary to facilitate the effective tracing of assets.
RESTRAINT ORDERS
14. It is proposed that the High Court should have power to make orders preventing the transfer or disposal of assets which are the property of a person accused of drug trafficking, or allegedly the proceeds of drug trafficking by the accused, to ensure that such assets are available for
the purpose of meeting any confiscatory fine subsequently imposed. Such an order would be granted ex parte by a High Court judge on application
by the prosecution. The power to apply for a restraint order will come
into operation as soon as criminal proceedings are instituted in connection with a drug trafficking offence; it will remain available as long as the criminal proceedings continue and, if a confiscatory fine is imposed, until the fine has been paid in full. The High Court judge
will have the power to include in the restraint order any assets which have been in the hands of the accused but which have been passed by him
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