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Criminal Law Blog NSW

CONFISCATION OF PROCEEDS OF CRIME

A drug proceeds order is an order to pay money for the money derived from drug trafficking activity

A drug proceeds order is an order compelling an offender to pay money for the money derived from drug trafficking activity. This is obtained against a person found guilty of a drug trafficking offense.

In ascertaining whether a drug proceeds order should be issued, the court shall consider these factors: whether the defendant has derived any benefit in connection with drug trafficking at any time, the amount of money acquired by the defendant, if any, and the defendant’s financial capacity before and after the crime.

The court will assess the value of any such benefit and order the defendant to pay a penalty equal to the amount assessed. This penalty is considered a civil debt due by the defendant to the State. It is enforceable by a civil proceeding.

Drug Proceeds Order and Forfeiture Order

A drug proceeds order may be issued together with a forfeiture order. This is true if the proceeds of drug trafficking activity involve a property. In this case, the court will compute the penalty above less the value of the property forfeited.

However, an appropriate officer is allowed to appeal against the forfeiture order. He may also apply to the court for a variation of the order to increase the penalty to be paid by the defendant if he believes a higher penalty is appropriate in such circumstances.

This article provides basic information only and is not a substitute for a professional or legal advice. Being involved in the criminal or police process can be quite demanding, rigorous, and time consuming. Hiring the right criminal lawyers can often make a substantial difference in your case.Criminal Lawyers Brisbane, Criminal lawyers Sydney, Criminal lawyers Melbourne, Criminal lawyers Perth, Criminal lawyers Adelaide, Criminal Lawyers Newcastle,

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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