The Criminal Asset Confiscation Act 2005 allows the DPP or police to apply to the courts for an order against your property in certain circumstances:
The Act empowers the court to order forfeiture of property involved in offending or acquired by way of offending (including profits) following conviction for the relevant offending.
The Act also empowers the court to make orders preventing any disposal or dealings with property that is reasonably suspected of being liable to forfeiture, pending an order for forfeiture being made.
The Act specifically allows the court to impose forfeiture and restraining orders for property of prescribed drug offenders, even if the property was not acquired through the proceeds of an offence.
A person is taken to be a prescribed drug offender if he or she has been convicted of a serious drug offence and has at least two other previous convictions for prescribed drug offences in the preceding 10 years.
At Barbaro Thilthorpe Lawyers, we frequently advise and represent clients at risk of having assets frozen and make applications to have property excluded from restraining orders.
For advice on how we can help you with your asset confiscation issue, call our office on (08) 8227 0577.
If you have received a summons for a legal issue, we advise that you consult a lawyer. It is recommended that you initiate contact as soon as possible to settle your claim in a timely manner.
Property items of those charged with criminal offences can often be seized by Police, therefore it is important to seek legal advice in order to retrieve the possessions.
If you are involved in a legal dispute, you may be called before a court for a directions hearing. Contact our team to discuss what options you have to resolve the matter.
Where persons are convicted of certain criminal offences, the courts have powers concerning the forfeiture of goods that may be related to the offence.
Depending on the severity of the charge, an offender may receive a pecuniary penalty order compelling them to pay money for the benefits the received from criminal activity.