Asset forfeiture to NSW DPP
In this section you will find information about the circumstances in which the NSW Director of Public Prosecutions or NSW Police can seize assets following conviction for a serious offence.
Please select the article you would like to know more information about or read on for general information about asset forfeiture following conviction of a serious offence.
General Information About Asset Forfeiture Following Conviction of a Serious Offence
If a person is convicted of a serious offence an application can be made for either (or both) of the following confiscation orders:
- A restraining order, which is an order that no person is to dispose of (or attempt to dispose of), the property specified in the order, except in such manner as is specified in the restraining order; or
- A forfeiture order, which is an order allowing the State to confiscate and dispose of property; or
- A pecuniary penalty order, which is an order compelling an offender to pay money for the benefits derived from criminal activity; or
- A drug proceeds order, which is an order compelling an offender to pay money for the benefits derived from a drug trafficking offence
A serious offence includes any offence against the laws of NSW that may be prosecuted on indictment. If the offence is drug trafficking then only a forfeiture order can be made.
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.