A person’s assets can be confiscated by the DPP (Director of Public Prosecutions) in circumstances where a person has been charged or found guilty of certain offences if the assets which have been acquired by the person were acquired through engaging in criminal activity. The types of Orders which the DPP can obtain from the Court are listed below.
Drug Proceeds Order
A Drug Proceeds Order is an order which can be enforced by the DPP (like a Civil Debt).
The DPP is permitted to apply for drugs proceeds order pursuant to section 29 of the Confiscation of Proceeds of Crime Act 1989. This type of order requires a person to pay a penalty which equals the amount of any benefit which was gained through the criminal activity (Any Drug Trafficking Activity).
The DPP can seek a Forfeiture order to seize a person’s assets pursuant to the Confiscation of Proceeds of Crime Act 1989 Section 18.1. This type of order can be made by the DPP following a defendant’s conviction in circumstance’s where the DPP suspects that the assets were derived from criminal activity. It should be noted that a forfeiture order can be imposed by the District Court or by the Supreme Court.
This type of order can be issued by the Supreme Court NSW, and it prevents a person from disposing of any property which is listed in the order. If a person contravenes a restraining order by disposing of property which is the subject of the retaining order, then they may have committed an offence under section 58L of the Victims Support and Rehabilitation Act 1996 which carries a maximum imprisonment of 2 years and $10,000 fine if this offence is determined and finalised in the Local Court.
Pecuniary Penalty Order
This type of order allows the court to impose a penalty which is the equal value to the benefit obtained due to the criminal activity. If the DPP applies for a pecuniary Order pursuant to the Confiscation of Proceeds of Crime Act and such order is imposed by the Court, then the person (who the subject of such order) must pay the total value of the order to the state of NSW.
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*This article correctly reflects the Laws of NSW as at 28th March 2023.
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