A new piece of legislation set to be introduced in the National Assembly this week aims to address the longstanding problem of seized vehicles, boats and other property deteriorating while criminal matters are before the courts.
Attorney General and Minister of Legal Affairs Mohabir Anil Nandlall said the Depreciating Property Sale Order Bill of 2026 is among six bills scheduled to be tabled and read for the first time when the National Assembly meets on June 5.
Speaking during his Issues in the News programme, Nandlall explained that the proposed legislation was developed through the Regional Security System (RSS) and the Caribbean Financial Action Task Force (CFATF) and is intended for implementation across the Caribbean.
According to the Attorney General, criminal matters involving offences under customs, narcotics and anti-money laundering laws often involve vehicles, boats, gold and other property that are seized and held for years while cases are being heard.
“And they are lodged all over the place, and they deteriorate. By the time the litigation is finished or the criminal charges are concluded, the properties are destroyed or damaged severely because they are stored not in a suitable manner or in a suitable place and they depreciate significantly in value,” Nandlall said.
He noted that when the State succeeds in obtaining forfeiture orders, the assets often have little value remaining. Conversely, when an accused person is acquitted and the property is returned, it may already be significantly damaged.
“And the state, after that, is often sued, and now have to compensate millions of dollars, have to pay millions of dollars in compensation for the depreciation, the damage, and or destruction of the goods, or the items, or the vehicles, as the case may be, that were the subject of the litigation or the criminal proceedings,” he explained.
The proposed legislation would allow the State to apply to the court for permission to sell seized property before it deteriorates. The proceeds from the sale would then be deposited into an interest-bearing account until the matter is resolved.
“This piece of legislation allows the state to go to a court and sell the item and lodge the proceeds in an interest bearing account, and when the case is determined, whoever is entitled to that vehicle or boat or goods or chattel, they get the value along with the interest,” Nandlall said.
He stressed that state agencies would not have the authority to sell property on their own. Instead, they would first be required to obtain a valuation, file court proceedings and serve notice on the property’s owner.
“The court has the power to make the order, not the state agencies. So not SOCU will determine whether they will sell a property or not; they have to go to the court,” the Attorney General stated.He added that the bill contains several safeguards designed to protect property owners while preserving the value of assets involved in legal proceedings.
If enacted, the legislation is expected to reduce the number of vehicles and other assets left to deteriorate in storage facilities operated by agencies such as the Guyana Revenue Authority (GRA), the Customs Anti-Narcotic Unit (CANU) and the Guyana Police Force.
Nandlall described the measure as “a brilliant piece of legislation that will bring great reprieve to a serious problem that has plagued the legal system for an extraordinary long period of time.”
