Confiscation orders for benefits derived from drug dealing
6.—(1) Subject to section 30, where a defendant is convicted of one or more drug dealing offences, the court must, on the application of the Public Prosecutor, make a confiscation order against the defendant in respect of benefits derived by the defendant from drug dealing if the court is satisfied that those benefits have been so derived.[21/2014]
(2) If the court is satisfied that benefits have been derived by the defendant from drug dealing, the court must, at any time after sentencing or otherwise dealing with the defendant in respect of the offence or any of the offences concerned (as the case may be), determine in accordance with section 13 the amount to be recovered in the defendant’s case by virtue of this section.[21/2014]
(3) The court must not take into account any application or proposed application for a confiscation order in determining the appropriate sentence or other manner of dealing with the defendant in respect of the drug dealing offences concerned.[21/2014]
(4) Where the court which convicted the defendant is for any reason unable to determine the amount to be recovered under subsection (2), the determination and confiscation order (if any) may be made by the Registrar.
(5) Any relevant evidence admitted in the proceedings against the defendant for the drug dealing offence concerned is to be, if the court or the Registrar thinks fit, taken into account in determining the amount to be recovered under subsection (2) or (4).[21/2014]
(6) Subject to section 31, for the purposes of this Act, a person who holds or has at any time (whether before or after 30 November 1993) held any property or any interest therein disproportionate to the person’s known sources of income, the holding of which cannot be explained to the satisfaction of the court, is until the contrary is proved presumed to have derived benefits from drug dealing.[21/2014]
(7) Any expenditure by a person mentioned in subsection (6) (whether incurred before or after 30 November 1993) is, until the contrary is proved, presumed to have been met out of the person’s benefits derived from drug dealing.[21/2014]
(8) The presumption referred to in subsection (6) or (7) is not rebutted merely by adducing proof to the effect that the property or interest therein was derived from criminal conduct.
(9) To avoid doubt, a District Court or Magistrate’s Court may make a confiscation order under subsection (1) in respect of the full amount determined in accordance with section 13 to be the value of the benefits derived by the defendant from drug dealing.[51/2018]
(10) In this section, a reference to property or interest in property includes a reference to income accruing from such property or interest.[4
[Act 24 of 2024 wef 14/11/2024]
Confiscation orders for benefits derived from criminal conduct
7.—(1) Subject to section 30, where a defendant is convicted of one or more serious offences, the court must, on the application of the Public Prosecutor, make a confiscation order against the defendant in respect of benefits derived by the defendant from criminal conduct if the court is satisfied that those benefits have been so derived.
(2) If the court is satisfied that benefits have been derived by the defendant from criminal conduct, the court must, at any time after sentencing or otherwise dealing with the defendant in respect of the offence or any of the offences concerned (as the case may be), determine in accordance with section 13 the amount to be recovered in the defendant’s case by virtue of this section.
(3) The court must not take into account any application or proposed application for a confiscation order in determining the appropriate sentence or other manner of dealing with the defendant in respect of the serious offences concerned.
(4) Where the court which convicted the defendant is for any reason unable to determine the amount to be recovered under subsection (2), the determination and confiscation order (if any) may be made by the Registrar.
(5) Any relevant evidence admitted in the proceedings against the defendant for the serious offence concerned is to be, if the court or the Registrar thinks fit, taken into account in determining the amount to be recovered under subsection (2) or (4).
(6) Without affecting section 31, for the purposes of this Act, a person who holds or has at any time (whether before or after 13 September 1999) held any property or any interest in any property (including income accruing from the property or interest) disproportionate to the person’s known sources of income, the holding of which cannot be explained to the satisfaction of the court, is, until the contrary is proved, presumed to have derived benefits from criminal conduct.
(7) For the purposes of subsection (6), any expenditure by a person mentioned in that subsection (whether incurred before or after 13 September 1999) is, until the contrary is proved, presumed to have been met out of the person’s benefits derived from criminal conduct.
(8) The presumption referred to in subsection (6) is not rebutted merely by adducing proof to the effect that the property or interest in the property (including income accruing from that property or interest) was derived from drug dealing.[21/2014]
(9) To avoid doubt, a District Court or Magistrate’s Court may make a confiscation order under subsection (1) in respect of the full amount determined in accordance with section 13 to be the value of the benefits derived by the defendant from criminal conduct.[5
[51/2018]
Confiscation order unaffected by confiscation order under Organised Crime Act 2015
8. Subject to sections 10(2), 11(2) and 31(5) and (6) (whichever is applicable), a confiscation order under section 6 or 7 (as the case may be) may be made against a person in relation to any act despite the fact that a confiscation order under Part 9 of the Organised Crime Act 2015 has been made against that person in relation to the same act.[5A
[26/2015]
Live video or live television links
9.—(1) Where the defendant has been charged with or convicted of a drug dealing offence or a serious offence, the court or the Registrar may make an order that —(a)
if the defendant is represented by an advocate and solicitor — the defendant must not be present in person in any proceedings under this Act; or
(b)
the defendant must appear in any proceedings under this Act through live video or live television link (whether or not the defendant is represented by an advocate and solicitor).[21/2014]
(2) Where an order is made under subsection (1)(b), section 62A of the Evidence Act 1893 applies, with the necessary modifications, as if the defendant were a witness.[6
Assessing benefits of drug dealing
10.—(1) Subject to section 31, for the purposes of this Act —(a)
the benefits derived by any person from drug dealing are any property or interest in any property (including income accruing from the property or interest) held by the person at any time, whether before or after 30 November 1993, being property or interest disproportionate to the person’s known sources of income and the holding of which cannot be explained to the satisfaction of the court; and
(b)
the value of the benefits derived by the person from drug dealing is the aggregate of the values of the properties and interests in the properties mentioned in paragraph (a).[21/2014]
(2) For the purpose of assessing the value of the benefits derived by the defendant from drug dealing in a case where a confiscation order or a confiscation order under Part 9 of the Organised Crime Act 2015, has previously been made against the defendant, the court is to leave out of account any such benefits of drug dealing or criminal conduct that are shown to the court to have been taken into account in determining the amount to be recovered under that order.[7
[21/2014; 26/2015]
Assessing benefits derived from criminal conduct
11.—(1) Without affecting section 31, for the purposes of this Act —(a)
the benefits derived by any person from criminal conduct, are any property or interest in any property (including income accruing from the property or interest) held by the person at any time, whether before or after 13 September 1999, being property or interest in property disproportionate to the person’s known sources of income, and the holding of which cannot be explained to the satisfaction of the court; and
(b)
the value of the benefits derived by the person from criminal conduct, is the aggregate of the values of the properties and interests in the properties mentioned in paragraph (a).
(2) For the purpose of assessing the value of the benefits derived by the defendant from criminal conduct, in a case where a confiscation order, a confiscation order under Part 9 of the Organised Crime Act 2015, or an order made under section 13 of the Prevention of Corruption Act 1960 has previously been made against the defendant, the court is to leave out of account any such benefits derived from drug dealing or criminal conduct (as the case may be) that are shown to the court to have been taken into account in determining the amount to be recovered under that order.[8
[21/2014; 26/2015]
Statements relating to drug dealing or criminal conduct
12.—(1) Where —(a)
there is tendered to the court by the prosecution a statement as to any matters relevant to the determination whether benefits have been derived by the defendant from drug dealing or from criminal conduct (as the case may be) or to the assessment of the value of those benefits; and
(b)
the defendant accepts to any extent any allegation in the statement,
the court may, for the purposes of that determination and assessment, treat the defendant’s acceptance as conclusive of the matters to which it relates.
[21/2014]
(2) Where —(a)
a statement is tendered under subsection (1)(a); and
(b)
the court is satisfied that a copy of that statement has been served on the defendant,
the court may require the defendant to indicate to what extent the defendant accepts each allegation in the statement and, so far as the defendant does not accept any such allegation, to indicate any matters the defendant proposes to rely on.
(3) If the defendant fails in any respect to comply with a requirement under subsection (2), the defendant may be treated for the purposes of this section as accepting every allegation in the statement apart from any allegation in respect of which the defendant has complied with the requirement.
(4) Where —(a)
there is tendered to the court by the defendant a statement as to any matters relevant to determining the amount that might be realised at the time the confiscation order is made; and
(b)
the prosecution accepts to any extent any allegation in the statement,
the court may, for the purposes of that determination, treat the acceptance by the prosecution as conclusive of the matters to which it relates.
(5) An allegation may be accepted or a matter indicated for the purposes of this section either —(a)
orally before the court; or
(b)
in writing.
(6) No acceptance by the defendant under this section that benefits have been derived by the defendant from drug dealing or from criminal conduct (as the case may be) is admissible in evidence in any proceedings for an offence.[9
[21/2014]
Amount to be recovered under confiscation order
13.—(1) Subject to subsection (3), the amount to be recovered from the defendant under the confiscation order is the amount the court assesses to be the value of the benefits derived by the defendant from drug dealing or from criminal conduct, as the case may be.[21/2014]
(2) If the court is satisfied as to any matter relevant for determining the amount that might be realised at the time the confiscation order is made (whether by an acceptance under section 12 or otherwise), the court may issue a certificate giving its opinion as to the matters concerned and is to do so if satisfied as mentioned in subsection (3).
(3) If the court is satisfied that the amount that might be realised at the time the confiscation order is made is less than the amount the court assesses to be the value of the benefits derived by the defendant from drug dealing or from criminal conduct (as the case may be) the amount to be recovered from the defendant under the confiscation order is the amount appearing to the court to be the amount that might be so realised.[21/2014]
(4) If, on an application made in accordance with subsection (5), the 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 is to issue a certificate to that effect, giving its reasons.
(5) An application under subsection (4) may be made either by the Public Prosecutor or by a receiver appointed under section 19 or 22 in relation to the realisable property of the person in question.
(6) Where a certificate has been issued under subsection (4), the Public Prosecutor may apply to the court for an increase in the amount to be recovered under the confiscation order.
(7) On an application mentioned in subsection (6), the court may —(a)
substitute for that amount such amount (not exceeding the amount assessed as the value mentioned in subsection (1)) 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 section 17(1) if the effect of the substitution is to increase the maximum period applicable in relation to the order under section 17(1).[10
Interest on sums unpaid under confiscation order
14.—(1) If any sum required to be paid by a person under a confiscation order is not paid when it is required to be paid, that person is liable to pay interest on that sum for the period for which it remains unpaid.
(2) The amount of the interest is to be for the purposes of enforcement treated as part of the amount to be recovered from that person under the confiscation order.
(3) The rate of interest under subsection (1) is to be at the same rate as a judgment debt.[11
Definition of principal terms used
15.—(1) For the purposes of sections 12 and 13, the amount that might be realised at the time a confiscation order is made against the defendant is —(a)
the total of the values at that time of all the realisable property held by the defendant; less
(b)
where there are obligations having priority at that time — the total amounts payable pursuant to those obligations,
together with the total of the values at that time of all gifts caught by this Act.
(2) Subject to subsections (3) to (9), for the purposes of this Act, the value of property (other than cash) in relation to any person holding the property —(a)
where any other person holds an interest in the property, is —(i)
the market value of the firstmentioned person’s beneficial interest in the property; less
(ii)
the amount required to discharge any incumbrance (other than a charging order) on that interest; and
(b)
in any other case, is its market value.
(3) Subject to subsection (9), references in this Act to the value at any time (called in subsection (4) the material time) of a gift caught by this Act are references to —(a)
the value of the gift to the recipient when the recipient received it adjusted to take account of subsequent changes in the value of money; or
(b)
where subsection (4) applies, the value mentioned therein,
whichever is the greater.
(4) Subject to subsection (9), if at the material time the recipient holds —(a)
the property which the recipient received (not being cash); or
(b)
property which, in whole or in part, directly or indirectly, represents in the recipient’s hands the property which the recipient received,
the value mentioned in subsection (3)(b) is the value to the recipient at the material time of the property mentioned in paragraph (a) or paragraph (b) (as the case may be) so far as it so represents the property which the recipient received, but disregarding in either case any charging order.
(5) For the purposes of subsection (1), an obligation has priority at any time if it is an obligation of the defendant to —(a)
pay an amount due in respect of a fine, or other order of a court, imposed or made on conviction of an offence, where the fine was imposed or order made before the confiscation order; or
(b)
pay any sum which would be included among the preferential debts in the defendant’s bankruptcy commencing on the date of the confiscation order or winding up under an order of the court made on that date.
(6) In subsection (5)(b), “preferential debts” —(a)
in relation to bankruptcy, means the debts to be paid in priority under section 352 of the Insolvency, Restructuring and Dissolution Act 2018 (assuming the date of the confiscation order to be the date of the bankruptcy order); and
(b)
in relation to winding up, means the debts to be paid in priority in accordance with section 203 of the Insolvency, Restructuring and Dissolution Act 2018 (assuming the date of the confiscation order to be the commencement date of the winding up).[40/2018]
(7) A gift (including a gift made before 30 November 1993) is caught by this Act if —(a)
it was made by the defendant at any time since the beginning of the period of 6 years ending when the proceedings for a drug dealing offence were instituted against the defendant or, where no such proceedings have been instituted, when an application under section 6 for a confiscation order is made against the defendant; or
(b)
it was made by the defendant at any time and was a gift of property which is or is part of the benefits derived by the defendant from drug dealing.[21/2014]
(8) A gift (including a gift made before 13 September 1999) is caught by this Act if —(a)
it was made by the defendant at any time since the beginning of the period of 6 years ending when the proceedings for a serious offence were instituted against the defendant or, where no such proceedings have been instituted, when an application under section 7 for a confiscation order is made against the defendant; or
(b)
it was made by the defendant at any time and was a gift of property which is or is part of the benefits derived by the defendant from criminal conduct.
(9) For the purposes of this Act —(a)
the circumstances in which the defendant is to be treated as making a gift include those where the defendant transfers property to another person, directly or indirectly, for a consideration the value of which is significantly less than the value of the consideration provided by the defendant; and
(b)
in those circumstances, this section applies as if the defendant had made a gift of such share in the property as bears to the whole property the same proportion as the difference between the values mentioned in paragraph (a) bears to the value of the consideration provided by the defendant.[12
Protection of rights of third party
16.—(1) Where an application is made for a confiscation order under section 6 or 7, a person who asserts an interest in the property may apply to the court, before the confiscation order is made, for an order under subsection (2).
(2) If a person applies to the court for an order under this subsection in respect of the person’s interest in property and the court is satisfied —(a)
that the person was not in any way involved in the defendant’s drug dealing or criminal conduct, as the case may be; and
(b)
that the person acquired the interest —(i)
for sufficient consideration; and
(ii)
without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was, at the time the person acquired it, property that was involved in or derived from drug dealing or criminal conduct, as the case may be,
the court is to make an order declaring the nature, extent and value (as at the time the order is made) of the person’s interest.
[21/2014]
(3) Subject to subsection (4), where a confiscation order has already been made, a person who asserts an interest in the property may apply under this subsection to the court for an order under subsection (2).
(4) A person who —(a)
had knowledge of the application under section 6 or 7 for the confiscation order before the order was made; or
(b)
appeared at the hearing of that application,
must not be permitted to make an application under subsection (3) except with the permission of the court.
[Act 25 of 2021 wef 01/04/2022]
(5) A person who makes an application under subsection (1) or (3) must give at least 7 days’ written notice of the making of the application to the Public Prosecutor who must be a party to any proceedings on the application.[13
[15/2010]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
