Page:Organised Crime Act 2015.pdf/59

60 Application of Part

49.—(1) This Part applies in respect of organised crime activity which—
 * (a) if it is one that amounts to an offence referred to in section 48(1)(a) or (b), is carried out before, on or after the date of commencement of this Part; or
 * (b) if it is one that amounts to an offence referred to in section 48(1)(c), is carried out on or after the date of commencement of Part 2.

(2) This Part applies to any property, whether situated in Singapore or elsewhere.

Nature of proceedings

50. Proceedings under this Part (other than offences under provisions of the CDSA incorporated by section 72) are civil proceedings.

No criminal proceedings required for confiscation order, etc.

51. The organised crime activity on which a confiscation order, restraint order or charging order is based does not need to be, or to have been, the subject of any criminal proceedings.

Confiscation order must not impact on sentence

52. A court sentencing a person for an offence referred to in section 48(1) must not take into account any confiscation order, or any application or proposed application for a confiscation order, in determining the appropriate sentence or other manner of dealing with the person for the offence.

Acquittal, etc., does not impact on confiscation

53.—(1) Subsection (2) applies if criminal proceedings are instituted or pending or have been discontinued or determined in respect of any organised crime activity that is the basis for—
 * (a) a restraint, charging or confiscation order; or
 * (b) an application for such an order.