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An application for a pecuniary penalty order can be made alongside an application for a forfeiture order. If both orders are made, the amount of the financial penalty is reduced by the value of any forfeiture order made.
The court must make a pecuniary penalty order it is satisfied or either or both of the following:
When assessing the amount of money derived from criminal activity, the court will take into account a number of factors including the money acquired by the defendant because of the criminal activity, the market value of the drugs at the time of the illegal activity (if relevant) and the defendant’s income and expenditure before and after the illegal activity.
Expenses incurred by the defendant in relation to the commission of the offence will not be subtracted from the amount assessed to have derived from the criminal activity.
If you have been given written notice of a pecuniary penalty order application, it is essential that you seek legal advice immediately, attend the hearing and give evidence. If you are able to prove the source of funds used to acquire the interest(s) named in the application, the court has the discretion not to grant the pecuniary penalty order.
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.