Section 41A: Financial Crimes Division of Supreme Court
This section is inserted by Act No 9 of 2020, section 3.
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
41A. Financial Crimes Division of Supreme Court
(1) There shall be a Financial Crimes Division of the
Supreme Court which shall, subject to this section, have original
jurisdiction to hear and determine –
(a) a financial crime offence; and
Acts 2020 385
(b) any other matter under any enactment which
is connected or ancillary to a financial crime
offence.
(2) Where a person commits a financial crime offence, the
Director of Public Prosecutions may, in his discretion, determine
that the information relating to the offence shall be laid before
the Financial Crimes Division of the Supreme Court or the
Financial Crimes Division of the Intermediate Court.
(3) In exercising his discretion under subsection (2),
the Director of Public Prosecutions may have regard to whether the
offence –
(a) has international ramifications;
(b) involves complex sequence of bank transfers or
commercial transactions;
(c) involves complex ownership, company and
proxy structures; or
(d) is one in which the offenders may be engaged
in cybercrime or computer-based fraud involving
money held in the form of virtual currency.
(4) This section shall not affect the jurisdiction of any other
competent Court in respect of a financial crime offence.
(5) In this section –
“financial crime offence” –
(a) means an offence committed under an enactment
specified in the Sixth Schedule; and
(b) includes any other offence which is connected
or ancillary to an offence committed under an
enactment specified in the Sixth Schedule.
386 Acts 2020
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Questions this section answers
- Which court hears financial crime cases involving complex bank transfers?
- Can the Director of Public Prosecutions choose whether my financial crime case goes to the Supreme Court or Intermediate Court?