Section 12Part 3 — POWERS, DUTIES AND PRIVILEGES
Seizure, custody and disposal of a vessel believed to have been used in the commission of an offence
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12. (1) Where an officer seizes a vessel or structure pursuant to section 11(1)(g), the officer shall retain it in secure custody except while it is being used in evidence or is in the custody of any court, until it is disposed of under this section.
In any proceeding for an offence relating to a vessel or structure seized under section 11(1)(g), the court may order, either at the hearing or on application by an officer of the rank of Lieutenant or above, that —
the vessel or structure be delivered to the person appearing to the court to be entitled to it; or
the vessel or structure be disposed of in such manner as the court thinks appropriate.
If no proceeding is taken in respect of an offence relating to the vessel or structure within three months after its seizure, or if a proceeding is taken but no order of forfeiture is made, the vessel or structure shall be returned to the person from whom it was seized.
If proceedings are instituted against a person for an offence relating to a vessel or structure seized under section 11(1)(g) and —
the proceedings do not result in the person’s conviction for the offence; or
where the person is convicted of the offence —
the conviction concerned is quashed without a conviction for any other offence relating to a vessel or structure seized under section 11(1)(g) being substituted; or the Grand Court may, on an application by the person (“the applicant”), order compensation to be paid by the Government to the applicant.
Her Majesty has granted pardon in respect of the conviction,
The Grand Court shall not order compensation to be paid in any case unless it is satisfied —
that there has been some serious default on the part of a person involved in the investigation or prosecution of the offence concerned and that, but for that default, the proceedings would not have been instituted or continued; and Cayman Islands Coast Guard Act, 2021 Section 13 c Act 2 of 2021 Page 19
that the applicant has suffered substantial loss in consequence of anything done in relation to the vessel or structure, by or in pursuance of an order of the Grand Court under this section.
The amount of compensation to be paid under this section shall be such as the Grand Court thinks just in all the circumstances of the case.