Asset Forfeiture To The CDPP
In this section you will find information about the circumstances in which the Commonwealth Director of Public Prosecutions (DPP) can freeze and confiscate property.
Please select the article you would like to know more information about or read on for general information about asset forfeiture in Commonwealth matters.
If a person is convicted or suspected of involvement in a serious offence an application can be made for one (or more) of the following confiscation orders:
- A freezing order, which is an order that a financial institution must not allow the balance of a named financial account to be reduced; or
- A restraining order, which is an order that no person is to dispose of, or interfere with (or attempt to dispose of or interfere with), the property specified in the order, except in such manner or in such circumstances (if any) as are specified in the restraining order; or
- A pecuniary penalty order, which is an order compelling an offender to pay money for the benefits derived from criminal activity; or
- A forfeiture order, which is an order allowing the Commonwealth to confiscate and dispose of property.
A serious offence includes any offence against the laws of the Commonwealth that is punishable by imprisonment for at least 3 years.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.