We assist in dealing with the complex area of asset confiscation law, including forfeiture orders and other confiscation matters. We deliver advice on these often stressful legal matters with clarity, working to protect your rights and secure a favourable outcome.
BTD Lawyers Criminal Practice
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. Some of these circumstances include:
A “serious offence” includes an indictable offence as well select other offences under various legislation.
How we can help you
An application for forfeiture of property suspected to be proceeds or an instrument of crime commences by way of an Originating Application. Depending on the value of the property the subject of the application, this will either be heard in the Magistrates Court, District Court or the Supreme Court. It is important to obtain legal advice if you are served with such an application.
Ordinarily, as part of any application for forfeiture of property, an interim order will be sought to restrain you from dealing with the relevant property in any way. Depending on the circumstances, applications can be made to exclude property from a restraining order. Strict time limits apply for making exclusion applications.
Forfeiture orders can be made in a range of circumstances. The Act contains harsh provisions allowing forfeiture of all property owned by those deemed Prescribed Drug Offenders. It is imortant to obtain urgent legal advice with the view to preserving your property interests.
Pecuniary penalty orders can be imposed by the Court on application from prosecution. They require the respondent to pay a specified sum of money to the Crown. Sometimes, pecuniary penalty orders are agreed as a substitute for forfeiture of property.
The Act compels the court on an application by the Director of Public Prosecutions to order that property be forfeited to the Crown if:
The Act also empowers the court to make orders preventing any disposal or dealings with property that is reasonably suspected of being:
Property of a suspect of a serious offence;
Property subject to the suspect’s effective control; or
Proceeds of or an instrument of the serious offence
Pecuniary Penalty Orders
Where a person has been convicted of or committed a serious offence and has derived benefits from the offence or used their property as an instrument of the offence, the Director of Public Prosecutions may apply for a pecuniary penalty order. A pecuniary penalty order requires the person to pay a specified sum to the Crown. The fact that other confiscation orders may have been made in relation to the offence does not prevent the court from marking a pecuniary penalty order.
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 Daniel Lawyers, we frequently advise and represent clients at risk of having assets forfeited.
Under the Act, there are strict time limits that apply for certain applications to be made, including applications for exclusion of property from restraining orders. If you have received a Summons for an Originating Application for issuance of a restraining order, it is important that you seek urgent legal advice.
For advice on how we can help you with your asset confiscation issue, call our office on (08) 8227 0577.
We understand that being charged with a criminal offence is a confronting experience and we know the serious implications it can have on your current life and future.
Our lawyers work tirelessly to explore all possible defences and keep you informed to achieve an effective resolution of your matter.
We pride ourselves on providing you with the highest level of representation and exceptional advice.
If you find yourself in legal trouble, contact our office on (08) 8227 0577 and make an appointment with one of our specialist criminal lawyers.
Find out how we can assist with your law matter and receive advice from a leading Adelaide law firm.
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