Section 87:

87. Right to Counsel – Assets of convicted criminals – Application for forfeiture—Applicant and her son were convicted of attempting to procure heroin and were found to be traffickers. The court ordered that they should not dispose of their assets nor make any withdrawal from any bank account until the Supreme Court would have made an order for the forfeiture of their possessions. The DPP applied for the forfeiture of the applicant’s assets. As a result, the applicant and her son made an application for the variation of the order made under section 39 (1) of the Dangerous Drugs Act 1986, in order CON – 191 [Issue 1] The Constitution to obtain funds from an account with the co-respondent which would enable them to resist the DPP’s forfeiture application. HELD The applicant having already been convicted of a serious criminal offence, is not in the same position as someone charged with a criminal offence. Accordingly, the protection afforded by section 10 (2) of the Constitution does not avail the applicant who will be given a fair hearing as required by section 10 (8) of the Constitution. The applicant was free to apply for legal aid for the purposes of the proceedings which have been brought provided she satisfied the requirements of section 4 of the Legal Aid Act. Mohammadally v The Director of Public Prosecutions (2006).