Effect of death on proceedings
31.—(1)  Proceedings under this Act are to be instituted or continued against the personal representatives of a deceased defendant or, if there are no personal representatives, such beneficiary or beneficiaries of the estate of the deceased defendant as may be specified by the court upon the application of the Public Prosecutor.
(2)  Where the power conferred by this Act to make a confiscation order is to be exercised in relation to a deceased defendant, the order is to be made against the estate of the deceased defendant.
(3)  Nothing in this Act subjects any personal representative of the estate of the deceased defendant, or any beneficiary thereof, to any imprisonment under section 17 if the property of the estate is inadequate for the payment of any amount to be recovered under the confiscation order.
(4)  Sections 6(6), 7(6) and (7), 10 and 11 do not apply to any deceased defendant.
(5)  For the purposes of Part 2, the following provisions apply in determining whether a deceased defendant had derived benefits from drug dealing or in determining those benefits or the value of those benefits:
(a)a deceased defendant is, until the contrary is proved, presumed to have derived benefits from drug dealing if he or she had, at any time (whether before or after 30 November 1993) since the beginning of the period of 6 years ending at the date of his or her death, held any property or interest in any property disproportionate to his or her known sources of income, the holding of which cannot be explained to the satisfaction of the court;
(b)the benefits derived by a deceased defendant from drug dealing are any property or interest in any property held by him or her during the period mentioned in paragraph (a), being property or interest in property disproportionate to his or her known sources of income, and the holding of which cannot be explained to the satisfaction of the court;
(c)the value of the benefits derived by a deceased defendant from drug dealing is the aggregate of the values of those properties and interests in those properties less the value of any such benefits that are shown to have been taken into account by any court in determining the amount to be recovered under any confiscation order under this Act or Part 9 of the Organised Crime Act 2015 previously made against the deceased defendant.
[21/2014; 26/2015]
(6)  For the purposes of Part 2, the following provisions apply in determining whether a deceased defendant had derived benefits from criminal conduct or in determining those benefits or the value of those benefits:
(a)a deceased defendant is, until the contrary is proved, presumed to have derived benefits from criminal conduct, if he or she had, at any time (whether before or after 13 September 1999) since the beginning of the period of 6 years ending at the date of his or her death, held any property or interest in any property disproportionate to his or her known sources of income, and the holding of which cannot be explained to the satisfaction of the court;
(b)the benefits derived by a deceased defendant from criminal conduct are any property or interest in any property held by him or her during the period mentioned in paragraph (a), being property or interest in property disproportionate to his or her known sources of income, and the holding of which cannot be explained to the satisfaction of the court;
(c)the value of the benefits derived by a deceased defendant from criminal conduct is the aggregate of the values of those properties and interests in those properties mentioned in paragraphs (a) and (b) less the value of any such benefits that are shown to have been taken into account by any court in determining the amount to be recovered under any confiscation order under this Act or Part 9 of the Organised Crime Act 2015 or any order made under section 13 of the Prevention of Corruption Act 1960 previously made against the deceased defendant.
[26/2015]
(7)  The presumption mentioned in —
(a)subsection (5) is not rebutted merely by adducing proof to the effect that the property or interest in the property was derived from criminal conduct;
(b)subsection (6) is not rebutted merely by adducing proof to the effect that the property or interest in the property was derived from drug dealing.
[21/2014]
(8)  In this section, “deceased defendant” means a person who dies —
(a)after investigations for a drug dealing offence or a serious offence (as the case may be) have been commenced against him or her; and
(b)before proceedings in respect of the offence have been instituted or if such proceedings have been instituted, before he or she is convicted of the offence.
[21/2014]
(9)  In this section, a reference to property or interest in property includes a reference to income accruing from such property or interest.
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