Excluding property from forfeiture under Part 2-3 POCA (section 94 POCA) (referring to automatic forfeiture under section 92 POCA) Before Forfeiture A court that made a restraining order in section 92(1)(b) POCA must make an order excluding particular property from forfeiture if: A person applies for an order under section 94 POCA; The court is […]Continue reading
Compensation for proportion of property not derived or realised from commission of any offence A court that made a restraining order in section 92(1)(b) POCA must make an order to pay the applicant an amount of compensation[1] if: A person applies for an order under section 94A POCA; The court is satisfied that the applicant […]Continue reading
Buying Back Forfeited Property from a sections 47, 48, or 49 order A court that makes a forfeiture order against property may make an order excluding a specified interest from a forfeiture order[1] if it is satisfied that: It would not be contrary to the public interest for a person’s interest in the property to […]Continue reading
Relieving dependants of hardship (section 72 POCA) If the court is making a forfeiture order (not being a section 48 POCA forfeiture order) and is satisfied that: The forfeiture would cause hardship to the dependent of a person of whose property is the subject of a forfeiture order; and A payment of a specified amount […]Continue reading
Exclusion from forfeiture If a forfeiture order was made under section 47 or 49 POCA, a court must make an order excluding a specified interest in property from forfeiture if the court is satisfied that the applicant’s interest in the property is neither of the following: proceeds of unlawful activity;[1] an instrument of any serious […]Continue reading
Compensation Orders The purpose of compensation orders is to compensate for proportions of property not derived or realised from the commission of any offence. A court that made a forfeiture order (or that is hearing, or is going to hear an application for a forfeiture order) must make a compensation order[1] if: a person has […]Continue reading
Pecuniary Penalty Orders (PPO) PPO’s are designed to create a civil debt or a judgment debt against an offender when there are not enough assets to satisfy a forfeiture order. It prevents a criminal who is currently relatively impecunious from being subject to proceeds of crime action in relation to future activities. A court must […]Continue reading
Literary Proceeds Orders Literary Proceeds Orders are rarely (if ever) used, and the sections are drafted in a similar format to PPO’s. They are made on the basis of depriving people who have made literary proceeds in relation to offending. There is no requirement that a person has been convicted of the offence. A court […]Continue reading
Unexplained Wealth Orders As previously mentioned, unexplained wealth orders are relatively new.[1] Being new combined with higher complexity and more manpower that has to go into proving the requisite requirements of an unexplained wealth order means that they are not used as much as the regular ss 17, 18, 19 restraining orders and subsequent ss […]Continue reading
