Why suspected criminals could have to forfeit ‘tainted property’ without conviction
Tough new law changes will mean suspected Queensland criminals could be forced to hand over cash and tainted property without the need for a conviction. Here’s how the proposed laws will work.
Police & Courts
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Suspected criminals could be ordered to hand over tainted property – such as cash – to authorities without the need for a conviction under a crackdown on proceeds of crime.
The government has expanded the state’s confiscation laws to include new offences where assets can be seized from people, even if they have not been convicted of the offence.
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The added offences include tainted property offences, such as when a person has in their possession property reasonably suspected of being the proceeds of such a crime.
The shake-up will allow property to be confiscated for tainted property offences without the need for a conviction.
Under current laws, assets cannot be ordered to be forfeited unless the person is convicted of the tainted property offences.
It will still be up to a court to determine if it is “more probable than not” that the person engaged in serious crime related activity or the property involved is “serious crime derived property”.
Attorney-General Yvette D’Ath said the government would not tolerate anyone profiting from the proceeds of crime.
“Our tough regulatory regime gives courts the power to order the confiscation of property for serious offences, even when there’s been no conviction,” she said.
“Provided the court is satisfied property is likely to have been acquired through serious criminal activity, they can order the confiscation of assets.
“This is all about removing the profit incentive for serious crime and imposing a hefty financial cost on those who seek to make money out of breaking the law.”
According to the explanatory notes for the regulation, the changes will increase the “financial risk associated with committing offences” as well as disrupt and combat serious and organised crime.
It also says the expansion is about the prevention of profiteering from illegal activity and stopping the reinvestment of financial gain into further criminal activity.
Assets can currently be confiscated without a conviction, but only when it relates to a “serious criminal offence” where the maximum penalty is at least five years in prison or the offence is specifically spelled out in regulation.