Section 92 Automatic Forfeiture – Person convicted of a serious offence (flowing on from section 17 or 18 restraining orders) If a person is convicted of a serious offence,[1] and the property is covered by a restraining order under section 17 or 18 against the person that relates to the offence, the property is forfeited […]Continue reading
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
Acquittal or quashing of conviction in relation to section 47, 48, or 49 forfeiture order If a person is acquitted of their previous conviction after the making of a forfeiture order, or if the person’s conviction is quashed,[1] this does not affect a section 47 or section 49 forfeiture order.[2] For a section 48 forfeiture […]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
