66 Production order

(1) For the purposes of an investigation into whether a person has benefitted from proceeds of crime or is in receipt of or controls the proceeds of crime, a law enforcement officer may file an application before the Court to order that any particular material or material of a particular description be produced by the person in custody of such material.
(2) On an application filed under subsection (1), if the Judge is satisfied—
(a) that there are reasonable grounds for suspecting that a person has benefitted from proceeds of crime or is in receipt or control of such proceeds or benefits;
(b) that the material concerned is required for the purposes of such an investigation, the Judge may order that any person who is in possession of the material shall—
(i) produce the material to the law enforcement officer or to any other person named in the order; or
(ii) give to the law enforcement officer or to any other person named in the order access to the material within a period specified in the order.
(3) The period to be specified under subsection (2)(ii) shall ordinarily be 7 days and if it appears to the Judge that a longer period would be appropriate in the circumstances of the case, Judge may so order.
(4) An order under subsection (2) in relation to a material in any place—
(a) requires grant of permission for entry to that place, the Judge may upon his satisfaction by order direct the person in custody of such material to allow the law enforcement officer to enter the place and obtain access of the material; and
(b) where a person who is in custody of material does not allow the law enforcement officer in spite of the order under paragraph (a), the provisions of section 65 shall have effect, as if a warrant had issued under that section authorising the law enforcement officer, accompanied by such other persons to take necessary action.
(5) Where such material consists of information in a computer or in an electronic device, the order shall have effect as if an order has been issued to produce the material, or to give access to it, in a form which is visible and legible and can be seized by the law enforcement officer.
(6) An order—
(a) empowering a person to seize a document or to give access to the said document, shall authorise the person to make a copy of the said document;
(b) shall not confer any right to production of, or access to, any material subject to legal privilege; and

(c) shall have effect notwithstanding any other obligation as to secrecy or other restriction on disclosure of such information imposed by any other law in force.
(7) Any material collected by a person under this section shall be retained and used as evidence in any proceedings before the court.
(8) A person who fails or refuses to comply with requirement of an order under this section commits an offence and shall be liable on conviction for a fine not less than SCR100,000.
(9) For the purposes of confirmation into whether a person has benefitted from proceeds of crime or is in receipt of or controls such proceeds, the FCIU may apply to a Judge of the Court for an order to obtain information regarding any trust in which the person may have an interest or with which he may be otherwise connected.
(10) On an application of FCIU under subsection (9), if the Judge is satisfied—
(a) that there are reasonable grounds for suspecting that a person—
(i) has benefitted from proceeds of crime or is in receipt or control of proceeds of crime; and
(ii) has some interest in or other connection with the trust;
(b) that the information concerned is required for the purposes of a confirmation into whether a person has benefitted from proceeds of crime or is in receipt of or control of such proceeds; and
(c) that there are reasonable grounds for believing that it is in the public interest that the information should be disclosed for the purposes of the confirmation, having regard to the benefit likely to accrue to the investigation and any other relevant circumstances, may order that the trustees of the trust and any other person (including the suspected person) to disclose to the FCIU such information as it may require in relation to the trust, including the identity of the settlor and any or all of the trustees and beneficiaries.
(11) An order under subsection (10)—
(a) shall not confer any right to production of, or access to, any information subject to legal privilege; and
(b) shall be effective notwithstanding any other obligation as to secrecy or other restriction on disclosure of such information imposed by any other law in force.
(12) A Judge of the Court may vary or discharge an order under this section on the application of any person to whom it relates or the FCIU.
(13) A trustee or other person who without reasonable excuse fails or refuses to comply with an order under this section or gives information which is false or

misleading commits an offence and shall be liable on conviction to a fine not less than SCR100,000.
(14) Any information given by a person in compliance with an order under subsection (2) shall not be admissible in evidence in any criminal proceedings against that person, except in any proceedings for an offence under subsection (5).
(15) In this section “information” includes—
(a) a document or record; and
(b) information in non-legible form.