Latest update June 10th, 2026 12:35 AM
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New Bill aims to preserve value of seized assets during court cases
(Kaieteur News) – The Depreciating Property Sale Order Bill 2026 has been introduced in the National Assembly, paving the way for a new legal framework to prevent seized assets from losing value while criminal cases remain before the courts.
The bill, tabled on Friday by Attorney General and Minister of Legal Affairs Anil Nandlall, SC, was among six pieces of legislation introduced and read for the first time.
If passed, the legislation will address a longstanding problem in which vehicles, boats, gold and other property seized during criminal investigations deteriorate significantly while legal proceedings drag on for years.
Attorney General Anil Nandlall SC
Speaking during his Issues in the News programme last Tuesday, Nandlall explained that the Depreciating Property Sale Order Bill 2026 is expected to modernise the management of seized assets while protecting both the State and property owners from the financial consequences of prolonged asset depreciation.
He explained that “when a person is charged under a custom offence or an offence under the Narcotics Act or an offence under the Anti Money Laundering AML/CFT Act, invariably these charges are connected to property so a vehicle will be used in the conveyance of drugs or gold may be part of a money laundering-type charge or a boat may be the subject of customs duties evasion allegation and when charges are instituted these items, these vehicles, chattels, these goods are normally kept either in the police station or GRA possession and deteriorate by the time the criminal charges are concluded.”
He noted that by the time criminal cases are concluded, many of the assets have been severely damaged or rendered virtually worthless.
“And they are lodged all over the place, and they deteriorate and by the time the litigation is finished or the criminal charges are concluded, the properties are destroyed or damaged severely,” Nandlall stated.
He noted that “If the state wins the case and they go to seize the item the item is valueless, and if the accused person is somehow acquitted, it is the State, after that, that is often sued and now has to compensate millions of dollars for the depreciation, the damage and/or destruction of the goods, items or vehicles that were the subject of the litigation or criminal proceedings,” he explained.
Describing the bill as “a brilliant piece of legislation,” the Attorney General said it would provide much-needed relief to a problem that has burdened the legal system for many years.
“This piece of legislation allows the State to go to a court and sell the item and lodge the proceeds in an interest-bearing account, and when the case is determined, whoever is entitled to that vehicle or boat or goods or chattel, they get the value along with the interest,” Nandlall said.
He emphasized that state agencies would not have the authority to dispose of assets independently. Before any sale can take place, a valuation must be conducted, court proceedings initiated and notice served on the owner of the property.
“The court has the power to make the order, not the state agencies. So not SOCU will determine whether they will sell a property or not; they have to go to the court,” he said.
According to Nandlall, the legislation is a product of the Regional Security System (RSS) and the Caribbean Financial Action Task Force (CFATF), and will be implemented across the Caribbean.
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