Relieving dependants of hardship (section 72 POCA) If the court is making a forfeiture order (not being a section 48 POCA forfeiture order) and is satisfied that: The forfeiture would cause hardship to the dependent of a person of whose property is the subject of a forfeiture order; and A payment of a specified amount […]Continue reading
Exclusion from forfeiture If a forfeiture order was made under section 47 or 49 POCA, a court must make an order excluding a specified interest in property from forfeiture if the court is satisfied that the applicant’s interest in the property is neither of the following: proceeds of unlawful activity;[1] an instrument of any serious […]Continue reading
Compensation Orders The purpose of compensation orders is to compensate for proportions of property not derived or realised from the commission of any offence. A court that made a forfeiture order (or that is hearing, or is going to hear an application for a forfeiture order) must make a compensation order[1] if: a person has […]Continue reading
Proceeds of Crime Orders – Interlocutory or Final Chart
