Justice Department Moves to Extend Orders and Strengthen Confiscation Measures

Ensuring Justice is Served

The Justice Department has announced plans to extend Orders related to convicted offenders. Under new regulations, any person affected by an Order can apply for its discharge. Additionally, judges have been given the discretion to extend the operation of an Order for a specified period not exceeding three years if they are satisfied that it is in the interests of justice to do so.

Confiscation Orders Get Tighter Grip

The Justice Department has also moved to strengthen Confiscation Orders aimed at recovering benefits derived from criminal activities. Key changes include:

• Enforcement Authorities will be required to attach a statement setting out an assessment of the value of the benefit obtained or likely to be obtained by the defendant.
• Courts have been given the power to require defendants to respond to each averment in the statement and indicate on oath any facts they propose to rely upon.
• A six-month deadline has been set for Enforcement Authorities to make applications under subsection (1).

Justice Department Urged to Act with Caution

However, critics have expressed concerns that the new regulations may lead to overreach by the Justice Department. “The department must exercise caution and ensure that its actions are in line with the interests of justice,” said a legal expert.

Courts to Have Final Say

Ultimately, the courts will have the final say in determining applications for Confiscation Orders. Judges will be able to consider any evidence received in the course of proceedings against a convicted offender and other relevant evidence gathered during an investigation.

Service of Applications

Applications for Confiscation Orders will be served on defendants and other persons as directed by the court. The absence of any party will not prevent the court from making an order in their absence. In a move to streamline proceedings, the Justice Department has also waived the requirements of service under certain circumstances.

Amending Applications

The department has announced plans to amend an application for a Confiscation Order at any time before the final determination of the application by the court, provided reasonable notice is given to every person on whom the application has been served.