Restraining Orders Under the Criminal Assets Confiscation Act 2005
Under the Criminal Assets Confiscation Act 2005 (‘CACA’), restraining orders play a critical role in preventing the disposal or dealingwith property that may be involved in criminal activity. Here is a detailed explanation of restraining orders under this Act:
Definition and Purpose
A restraining order under the CACA is a legal instrument used to prevent any dealings with property that issuspected to be connected to criminal activity. This can include propertybelieved to be the proceeds of crime or used as an instrument in committing anoffence. The main purpose is to preserve the property's value so it canpotentially be confiscated or forfeited if a person is found guilty of serious offences.
Why you need Legal Advice
Restraining Orders under the CACA are powerful tools designed to disrupt criminal enterprises by targeting the assets used in or derived from criminal activities. If you have further specific questions about the application process or need legal advice regarding restraining orders, contact Stanley & Co. Lawyers.
At Stanley & Co Lawyers, we have extensive experience defending clients against Criminal Assets Confiscation proceedings. Our expert criminal lawyers will assess your case, explore all possible defences, and work tirelessly to achieve the best possible outcome. Don’t facethis matter alone - contact Stanley & Co Lawyers on 08 7001 6135 today for a complimentary 30-minute, no-obligation consultation with one of our skilled criminal defence lawyers.
Helpful Questions & Answers
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Criteria for Issuance
The court can issue a restraining order ifsatisfied that:
1. A person has been charged with or convicted of a serious offence.
2. There are reasonable grounds to suspect that a person has committed a serious offence.
3. The property is suspected to be the proceeds or instrument of a serious offence.
4. There are reasonable grounds to suspect that a person has derived literary proceeds from a serious offence.
Notice and Service
The Director of Public Prosecutions (DPP) must give written notice of the application for a restraining order to the property owner and any person reasonably believed to have an interest in the property. The notice must include a copy of the application and supporting affidavits, although in some cases, the court may allow the DPP to delay this notice to protect the integrity of ongoing investigations or prosecutions.
Duration and Effect
A restraining order comes into force from the time it is made by the court and remains in effect until it is revoked orvaried by the court. It prevents the property from being disposed of or dealt with, except as permitted by the court order.
Variation and Revocation
An individual who was not notified of the initial application can apply to revoke the order within 28 days of becoming aware of it, or within a longer period if allowed by the court. The court can revoke the order if it finds there were no grounds for it at the time of the application. Additionally, the court may vary the property covered by the order or impose conditions if necessary.
Consequences of Breaching an Order
Dealing with property covered by a restraining order is an offence that can lead to significant penalties, including fines or imprisonment. The property may be confiscated or forfeited if it is proven to be connected to criminal activity.
Ancillary Orders
The court can also make ancillary orders, which can include directions to the owner of the property or to third partiesto facilitate the enforcement of the restraining order. This ensures that the property remains secure and can be effectively controlled by the authorities.
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