Forfeiture of property following conviction
Forfeiture of property following conviction

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Forfeiture of property following conviction
  • The power of the court to order the forfeiture of property under the Sentencing Act 2020
  • Other statutory powers of forfeiture
  • Forfeiture of cash under the Proceeds of Crime Act 2002

The power of the court to order the forfeiture of property under the Sentencing Act 2020

The Sentencing Act 2020 (SA 2020), also known as the Sentencing Code, is the principal source of the court's power to order the forfeiture of property connected with the commission of a criminal offence. The order is known as a 'deprivation order' and can be made by the Crown Court or a magistrates' court, in respect of any offence.

The procedure to be followed by the courts when making such orders is detailed in Practice Note: Restitution and deprivation orders.

Other statutory powers of forfeiture

Various statutes grant the courts the power to order the forfeiture of items following conviction for certain offences, should the court consider it appropriate to do so. Practitioners should always check the individual statutory provision creating the offence on which they are advising in order to identify whether provision is made for the forfeiture of property in respect of the offences that it creates.

Examples of some of the most common statutes containing forfeiture provisions which are relevant to corporate crime practitioners are highlighted below. A full list can be found in SA 2020, s 160.

For information on the procedure the courts must follow when making such orders, see Practice Note: Restitution and deprivation orders.

Power to make an order

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