proposals generally,
that the measures were not severe enough for the syndicate heads and organizers but
but too severe for the lowlier participants in the trade.
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With regard to the severity of the proposals, it is not possible, on a legal and precise basis, to draw a dividing line between degrees of participation in the drug trade. Those who can satisfy the court that they are unable to pay the debt to the Crown would not be sentenced to an additional term of imprisonment for failure to pay the debt. The law would give the Attorney General discretion to inform the court where he was satisfied that the offender had no assets. It is submitted that the proposals, which appear all embracing, in practice will allow the courts some discretion.
PROPOSALS FOR CONFISCATION ORDERS BASED ON UNITED KINGDOM LEGISLATION
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The Drug Trafficking Offences Act 1986 recently passed by the British Parliament, unlike the proposals outlined in paragraphs 6 to 17 above, provides for tracing of the proceeds of drug trafficking and for a confiscation order to be imposed on convicted drug trafficker in a sum which the court assesses to be the value of
of the proceeds of drug trafficking. A copy of the United Kingdom legislation is at the Annexure.
The following proposals are based on this legislation and include provision for special powers of investigation similar to those vested in
those vested in the Commissioner the Independent Commission Against Corruption.
Confiscation orders
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of
At the time of sentencing in respect of
a specified drug trafficking offence, the court would determine whether the defendant has benefited from drug trafficking (not necessarily as a consequence of the particular offence of which he is convicted). If the court determines he has SO benefited, it would assess the value of the defendant's proceeds from drug trafficking and would order him to pay that amount. The court would be obliged to leave this order out of account in determining what prison sentence to impose.
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For the purpose of determining whether the defendant had benefited and of assessing the value of his proceeds, the court would be able to assume (until the defendant showed otherwise) that property currently held by the defendant or transferred to him within the previous six years was received as a payment or reward in
in connection with drug trafficking. Procedural devices would be included in the legislation to narrow the area of dispute over the amount of the defendant' proceeds of trafficking. When a confiscation order had been
CONFIDENTIAL
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