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Forfeiture orders

Where persons are convicted of certain criminal offences courts have certain powers in relation to the forfeiture of goods used in connection with the offence or which the defendant may use to profit by the offence [See for example forfeiture of weapons etc under the Summary Offences Act 1953 (SA) s 21M, and in relation to instruments for gaming s 16(2)]

Illegal drugs and equipment or devices that are the subject of the offence may be forfeited pursuant to section 52E of the Controlled Substance Act 1984 (SA).

The Criminal Assets Confiscation Act 2005 (SA) allows the Director of Public Prosecutions to take proceedings to recover the profits of crime with the proceeds going to the Victims of Crime Fund.

The Criminal Assets Confiscation Act 2005 (SA) also allows for all the property, except for excluded or protected property, of a prescribed drug offender to be automatically forfeited to the Crown upon conviction [see s 56A]. The property that can be forfeited in these circumstances does not necessarily have to have been acquired through the commission of an offence. See: Confiscation of Assets or Profits. Any proceeds garnished from the forfeited property of a prescribed drug offender are paid into the Justice Rehabilitation Fund, which operates separately from the Victims of Crime Fund and was established to fund rehabilitation and crime prevention programs.

Pre-Committal Process  :  Last Revised: Wed Mar 14th 2018
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