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Debate continues on Proceeds of Crime Bill

November 17, 2006

The Joint Select Committee of Parliament considering the Proceeds of Crime Bill, which is expected to put a dent in crime, still has some way to go before concluding its deliberations.

The Proceeds of Crime Act is aimed at bringing within the ambit of possible forfeiture through the courts, all properties and accumulated wealth, which cannot be explained by legitimate activity, and comes as part of efforts to fight organised crime and to ensure that persons engaged in criminal activities do not profit from their illegal activities.

The committee made some headway yesterday, signing off on 74 of the 140 clauses of the bill. However, it was still undecided on Clause 2 (h), which defined financial institution as a person whose regular occupation or business is the provision of trust services.

According to Opposition member on the committee, Delroy Chuck, this definition is too wide.

He argued that the bill, as it exists, could implicate innocent persons who currently offer trust services.

"You see, the term 'trust services', could be so broadly interpreted that it may implicate far too many persons, including the shopkeeper in a village or the pastor in a church," he argued.

But chairman of the committee, Dr. Peter Phillips, was not in agreement.

"What experience in relation to this legislation, in other jurisdictions has demonstrated, is that the wider you cast the net, the more effective the legislation is in staunching the activities of criminals," said Dr. Phillips.

Author: Gleaner Reporter
Source: Jamaica Gleaner

 

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