Court may declare deceased person to be drug trafficker
9 Court may declare deceased person to be drug trafficker
The DPP may apply to the Supreme Court for a declaration under this section that a deceased person is taken to be a declared drug trafficker for this Act.
An application under subsection (1) can only be made if:
a person had been charged with an offence specified in section 36A(6) of the Misuse of Drugs Act 1990; and
the person could have been declared to be a drug trafficker under section 36A of that Act if he or she was convicted of the offence; and
before the charge was disposed of or finally determined, the person died.
On hearing an application under subsection (1), if the court is satisfied that it is more likely than not that the deceased person, had he or she not died, would have been declared under section 36A of the Misuse of Drugs Act 1990 to be a drug trafficker, the court must make a declaration to that effect.
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