Getting your Property Back Under the Criminal Assets Confiscation Act 2005 (SA)

Under the Criminal Assets Confiscation Act 2005 (SA), there are several ways to get your property back if it has been restrained or forfeited:

1. Applying to Exclude Property from a Restraining Order
   
   • If your property has been restrained but has no connection to criminal activity, youmay apply to the court to have it excluded (sections 34-38).
   • The Director of Public Prosecutions (DPP) will have an opportunity to respond before the court makes a decision.
2. Challenging a Forfeiture Order
   
   • If your property has been forfeited, you may apply for an exclusion order (sections 58-60).
   • You must prove that you have a legitimate interest in the property and were not involvedin criminal activity.
   • Some exclusions can be made based on financial hardship (section 57).
3. Compensation Orders
   
   • If your property was wrongly forfeited, you may apply for compensation (sections 61-62).
   • This applies if the forfeiture caused significant financial hardship and you were notinvolved in the criminal conduct.
4. Buying Back Interests in Forfeited Property
   
   • In some cases, you may be able to repurchase an interest in forfeited property (section 72).‍

‍Why you Need Legal Advice

Having your property restrained or forfeited under the Criminal Assets Confiscation Act 2005 (SA) can have serious financial and legal consequences. If you believe your property has been wrongly restrained or forfeited, it is crucial to act quickly. The process of recovering your assets can be complex, requiring strong legal arguments and thorough documentation.

If your property has been restrained or forfeited, contact Stanley & Co Lawyers on 08 7001 6135 to speak with an expert Criminal Lawyer. We offer a complimentary 30-minute, no-obligation first consultation to discuss your options and help you take the necessary steps to protect your property.