Criminal Property Confiscation


10-300If you have been served with a Freezing Notice by an officer from the Proceeds of Crime Squad of the Western Australia Police, the following tasks must be done within a specific timeframe to protect your interest in any of the properties listed in the Freezing Notice:-

1. provide a Statutory Declaration to the officer in charge of the Police Station specified in the Freezing Notice. The Statutory Declaration must be given within 7 days after the day on which the Freezing Notice was served on you. Failure to do so is an offence contrary to section 37 of the Criminal Property Confiscation Act (WA) and the penalty is $5000.

2. file a Notice of Objection in the Court specified in the Freezing Notice together with the prescribed filing fees and serve a copy of the Notice of Objection to the Office of the Director of Public Prosecutions (WA):-

2.1 within 28 days after the day on which the Freezing Notice was served on you; or
2.2 in the event that you were not served with a copy of the Freezing Notice, within 28 days after the day on which you become aware that the properties have been frozen.

Failure to file a Notice of Objection within the specific timeframe may result in the frozen properties being automatically confiscated to the State of Western Australia pursuant to section 7 of the Criminal Property Confiscation Act (WA).

A person must not deal with seized or frozen properties listed in the Freezing Notice in any way. Prohibited dealings is an offence contrary to section 50 of the Criminal Property Confiscation Act (WA) and the penalty is $100,000.00 or the value of the property, whichever is greater, or imprisonment for 5 years, or both.

It is therefore essential to obtain legal advice urgently if you have been served with a Freezing Notice. Perth Criminal Lawyers & Barristers is experienced in dealing with Criminal Property Confiscation matters. Contact us