Courts given 7-day deadline for gang crime asset seizure orders

The Gang Crimes and Other Dangerous Crimes Prevention Trial Regulations were issued on Tuesday, requiring courts to rule on property seizure applications within seven days under the Gang Crimes Act.

The government’s Prevention of Gang Crimes and Other Dangerous Crimes Act, introduced in Parliament late last year, came into force in August. The law criminalises the formation and operation of organised criminal groups, sets penalties for those involved, and grants authorities expanded powers to prevent such offences.

The procedural regulations, published on Tuesday, outline the steps courts must follow in cases filed under the Act. The rules establish the process for applications to seize or restrict dealings in property and funds connected to gang-related offences. Under the regulations:

Under the Gang Crimes Act, applications for property seizure and confiscation must be filed in the High Court. Once a seizure order is issued, police must transfer the property to the Ministry of Finance. The Ministry is authorised to sell, lease, use, or otherwise dispose of the seized assets. Funds generated may be placed in a separate fund or deposited in a public bank account for record-keeping.

If a seizure is later lifted and the property cannot be taken by the State, it must be returned to the owner. If the property was damaged due to negligence, owners may pursue compensation.

A special committee, appointed under Ministry of Finance rules and comprising representatives from the Ministry, Police, Maldives Inland Revenue Authority (MIRA), Customs, and the Prosecutor General’s Office, will determine how seized property is managed. The committee must reach a decision within ten days of submission.

The regulations also outline procedures for custody decisions, warrant issuance, and the protection of children in cases involving organised criminal groups. Custody rulings will follow the existing Rules of Criminal Procedure on Trial.

The Act allows searches without a court order for up to six hours. The new rules specify that if a search exceeds this limit, an order must be requested within four hours of commencement.

The police and Prosecutor General’s Office have also issued the operational rules required under the Act.

The Act does not permit plea agreements, sentence reductions, or commutations for offences committed by organised criminal groups. Offences include:

Penalties include life imprisonment and fines of up to MVR 10 million.