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| The Barbados Customs & Excise Department |
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2010/09/05 |
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Anything liable to forfeiture under the customs laws may be seized or detained by any officer or constable.
Where anything is seized or detained as liable to forfeiture under the customs laws, the same may be seized or detained
in any place and all things so seized shall, subject to subsection
(3), be forthwith delivered into the care of the Comptroller or, if such delivery is not practicable, notice in writing
of the seizure or detention with full particulars of the thing seized or detained shall be given to the Comptroller.
Where the person seizing or detaining anything as liable to forfeiture under the customs laws is a constable and
that thing is or may be required for use in connection with any proceedings to be brought otherwise than under those
laws, it may be retained in the custody of the police until either those proceedings are completed or it is decided that
no such proceedings shall be brought:
Provided that
notice in writing of the seizure or detention and of the intention to retain the thing in question in the custody of the police, together with full particulars as to that thing, shall
be given to the Comptroller as soon as practicable;
any officer shall be permitted to examine that thing and take account thereof at any
time while it remains in the
custody of the police.
Subject to subsection (3), subsection (4A) and to the Schedule. Schedule, anything seized or detained under the customs laws
shall. pending the determination as to its forfeiture or disposal be dealt with and, if condemned or deemed to have been condemned
as forfeited, shall be disposed of, in such manner as the Comptroller may direct.
(4A) Notwithstanding subsection (4), the Minister may, in respect of any goods that have been condemned or deemed to
have been condemned as forfeited, direct the Comptroller to destroy the goods if the Minister considers it necessary to do so.
The Schedule shall have effect for the purpose of forfeitures, and of proceedings for the condemnation of anything
as being forfeited, under the customs laws.
Any person, not being an officer, by whom anything is seized or detained or who has custody thereof after its seizure
or detention, who fails to comply with any requirement of this section or with any direction of the Comptroller given
thereunder shall be liable to a penalty of $50.
Subsections (2) to (6) shall apply in relation to any dutiable goods seized or detained by any person, other than
an officer, notwithstanding that they were not so seized as liable to forfeiture under the customs laws.
Where any ship, aircraft, vehicle or goods become liable to forfeiture under the customs laws, any person who is
knowingly concerned in the act or omission which renders the same liable to forfeiture shall be guilty of an offence, and shall
be liable to the penalty provided by this Act in respect of such offence, or, where no such penalty is provided, shall be liable
to a penalty of $500 or 3 times the value of any goods seized, whichever is the greater, and, subject to subsection (2), any such
person may be arrested and detained by any officer and taken before a magistrate to be dealt with according to law.
No person shall be arrested whilst actually on board any ship or aircraft in the service of a foreign state or country.
Where, in any proceedings for the condemnation of anything seized as liable to forfeiture under the customs
laws, judgment is given for the claimant, the court may, if it sees fit, certify that there were reasonable grounds for the seizure.
Where any proceedings, whether civil or criminal, are brought against the Comptroller, the Attorney-General or
any person authorised by this Act to seize or detain anything liable to forfeiture under the customs laws on account of the
seizure or detention of anything and judgment is given for the plaintiff or prosecutor, then if either
a certificate relating to the seizure has been given under subsection (1); or
the court is satisfied that there were reasonable grounds for seizing or detaining that
thing under the customs laws,
the plaintiff or prosecutor shall not be entitled to recover
any damages or costs and the defendant shall not be liable to any punishment:
Provided that nothing in this subsection shall affect any right of any person to the return of the thing seized or detained
or to compensation in respect of any damage to the thing or in respect of the destruction thereof.
(3) Any certificate under subsection (1) may be proved by the production of either the original certificate or a certified
copy thereof purporting to be signed by an offtcer of the court by which it was granted.
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