‘Confiscations proceedings’, or ‘proceeds of crime applications’ refer to civil proceedings brought about as a result of powers available to state and commonwealth law enforcement authorities to target the proceeds of an offender’s criminal activity.
These powers are frequently enacted where the offender has been charged with high-level drug related activity. Since Cridland & Hua Lawyers handle a high volume of such matters, we have significant exposure and experience in confiscations proceedings.
The powers available to the State and Commonwealth are extraordinarily strong and in some instances a person could have all of their property forfeited even though they are never actually convicted of any criminal activity. What makes this area of law remarkably different to criminal law is that while the defendant need not prove anything in criminal prosecutions, in confiscations proceedings they must prove that their property is not the proceeds of illegal activity.
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