Court Rules: Confiscation Order Enforcement and Recovery

In a significant ruling, the court has issued guidelines for the enforcement and recovery of confiscation orders, designed to ensure that convicted offenders pay back the benefits they have derived from their criminal activities.

Relevant Appeal Date

Under the new rules, the “relevant appeal date” is defined as the later of two dates:

• The expiration of the period for lodging an appeal against a conviction or confiscation order without an appeal being lodged.
• The date on which an appeal lapses in accordance with the law.

This clarification aims to prevent potential delays and ensure that the court can promptly enforce confiscation orders.

Determination of Benefit Value

The court has outlined a comprehensive framework for determining the value of benefits derived by offenders from their criminal activities. This includes:

• Any money received, property derived or realised.
• Services provided.
• Financial advantages gained as a result of the offence.
• Increases in the total value of property in which the offender has an interest.

Confiscation Order Enforcement

The court has introduced stricter measures to ensure that confiscation orders are enforced and recovered. Under the new rules, the court may:

• Appoint a trustee to take possession and control of property in which the offender has an interest.
• Aim to realise the value of the property.

Appeals and Contravention

The court has also clarified the process for appealing confiscation orders and introduced penalties for those who wilfully default on payments. Offenders who make default will commit an offence, punishable by law.

Discharge of Confiscation Order

Confiscation orders can be discharged in certain circumstances, including:

• Payment of the amount due under the order.
• Quashing of the underlying conviction.
• The order being set aside.

The new guidelines aim to strengthen the enforcement and recovery process for confiscation orders, ensuring that convicted offenders are held accountable for their actions and that victims receive justice.