Lawyers welcome review of WA asset confiscation laws

21st Sep 2018

“We have been calling for a review of the Criminal Property Confiscation Act for some time,” said ALA State President, Graham Droppert. “We have been concerned about this legislation since its introduction. The legislation has the capacity to produce unfair outcomes and often has unintended consequences.

“We are aware of instances where relatives of criminals are punished for the crimes of a family member, resulting in serious financial hardship. There are also instances where the legislation has resulted in substituted forfeiture of properties unconnected to any criminal offence.

“We look forward to contributing to this important review of the Act.”

Former ALA national director and prominent WA criminal lawyer Tom Percy QC also applauded the move to establish the inquiry and the appointment of former Chief Justice Wayne Martin to head it.

“WA’s bizarre assets confiscation laws have worked manifest injustice here for nearly two decades, and have had no effect on the rate of offending whatever,” said Mr Percy.

“The profession welcomes the move to instigate a review and in its choice of the former Chief Justice as convenor.”

The ALA is a national association of lawyers, academics, and other professionals dedicated to protecting and promoting justice, freedom and the rights of the individual.

Tags: Western Australia