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What does it mean to seize property?

In New South Wales, property of the person convicted of serious offence may be confiscated through any of the following order:

  • Restraining Order
  • Forfeiture Order
  • Drug Proceeds Order
  • Pecuniary Penalty Order

The serious offence refers to any indictable offence under the law of NSW. The court, when issuing any order, may consider the seriousness of the offence and any hardship likely to be caused to the plaintiff.

Restraining Order

An order issued to confiscate property that is suspected to be tainted property. Tainted property means property that was used in, or in connection with, the commission of a serious offence; or obtained, either directly or indirectly, by the defendant as a result of the commission of a serious offence. This is issued upon application made before the Supreme Court by the DPP or the plaintiff.

Forfeiture Order

An order is also issued to confiscate tainted property of the person convicted of a serious offence. This is made upon application to the court that imposed the conviction within 6 months of the date of the conviction. Applications after 6 months are only allowed with the leave of the Supreme Court.

Drug Proceeds Order

An order to pay money derived from drug-trafficking activity. It can be made together with a forfeiture order. The court, in issuing the order, will assess the financial capacity of the convicted person, the value of money derived and the market value of the drugs confiscated.

Pecuniary Penalty Order

It is an order for payment of money derived from a criminal activity. This order can also be made together with a forfeiture order. A pecuniary penalty order cannot be made for a person convicted of a drug trafficking offence. Only a drug proceeds order is applicable for such offences.

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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