CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 94 Explanation of ch 3

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 94

94 Explanation of ch 3

(1) This chapter enables proceedings to be started against a person to recover property and benefits derived from, and anything used for, or in the commission of, a confiscation offence, after the person has been charged with or convicted of the offence.

(2) It does this by enabling a court, as a preliminary step in appropriate cases, to make a restraining order preventing the property being dealt with without the court’s leave.

(3) It also empowers the court to forfeit the following property to the State—

(a) property used, or intended to be used, in or for the commission of a confiscation offence;

(b) property derived from property mentioned in paragraph (a) or from the commission of a confiscation offence.

Note—

For matters that the court is to consider in deciding whether to forfeit property mentioned in paragraph (a) , see section 151 (2) .

(4) In addition, it provides a mechanism for—

(a) preventing the disposal or concealment of property and benefits derived from the commission of a confiscation offence; and

(b) depriving persons who have directly or indirectly benefited from the commission of a confiscation offence of the benefits derived from the offence.