12 Feb Criminal Assets Confiscations Proceedings
Criminal Assets Confiscations Act 2005 in August 2018
Our team of specialist criminal lawyers at Mangan Ey & Associates are experienced in criminal assets confiscations proceedings and can provide skilled advice and representation in these matters.
Under the Criminal Assets Confiscations Act 2005, the courts have the power in certain circumstances to order the forfeiture of property which is either proceeds of crime or was used as an ‘instrument’ to commit offending. A common example of property used as an instrument to commit offending is a residential property used for the purpose of cultivating drugs.
The property is forfeited to the Crown and then sold, with the proceeds being deposited either into the Victims of Crime Fund, or the Justice Rehabilitation Fund – a fund established to finance programs and facilities for victims and offenders.
If you have been served with an application by the Director of Public Prosecutions for a Restraining Order over your property, it is extremely important that you speak with an experienced lawyer as soon as possible. There are applications that can be made in an effort to avoid forfeiture of property by you or by those with an equitable interest in the property, but very strict time limits apply. In some circumstances, your property may be forfeited automatically if the time limits are not adhered to.
Amendments made to the Criminal Assets Confiscations Act 2005 in August 2018 tightened the provisions further to enable automatic forfeiture of all property belonging to a ‘prescribed drug offender.’ A prescribed drug offender includes those convicted of a commercial drug offence, and those convicted of three serious drug offences within ten years. Under the new changes, all property belonging to a person convicted of a relevant drug offence will be deemed to be forfeited on the day of conviction. This includes the person’s house, car and certain home contents including jewellery, artwork and antique furniture.
If you are charged with a serious drug offence it is extremely important that you speak with a criminal lawyer who is experienced both in serious criminal matters and in criminal assets confiscations proceedings. The highly skilled criminal law solicitors at Mangan Ey and Associates can provide expert advice and representation in both of these areas of law.
If you have been served with an application for a restraining order over your property, or if you are aware that there is a restraining order covering property in which you have an equitable interest, contact one of our criminal lawyers today to discuss your available options.
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