‘Confiscations proceedings’, or ‘proceeds of crime applications’ refer to civil proceedings. These are brought about as a result of powers available to state and commonwealth law enforcement authorities. Effectively, the parameters of confiscations proceedings allow them to target the proceeds of an offender’s criminal activity. This may be otherwise known as the confiscation of criminal assets.
These powers related to confiscations proceedings are frequently enacted where the offender has been charged with high-level drug offences and drug-related activity. Since Cridland & Hua Lawyers (as leading criminal 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. In some instances, a person could have all of their property forfeited. This can happen even though they are never actually convicted of any criminal activity. This area of law is remarkably different from criminal law. You see, the defendant need not prove anything in criminal prosecutions. However, in confiscations proceedings, they must prove that their property is not the proceeds of illegal activity.
If you’re needing assistance with legal matters or determining your legal rights, Cridland & Hua are the specialists amongst Brisbane Law Firms, practising exclusively in criminal and quasi-criminal law. Contact us today.
© 2020 Cridland & Hua Lawyers. All rights reserved. Website by Eightball.