It is our practice to file an exclusion application on behalf of our clients to make sure that your property is not automatically forfeited to the DPP. This application is normally listed on the date of the directions hearing.
The procedure for the directions hearing is very similar in the Magistrates Court and the District Court. Criminal Asset Confiscation cases are almost always dealt with after the finalisation of any criminal charges. This reason for this is that if the criminal charges are dismissed then the restraining order will almost always be lifted and the DPP’s forfeiture order application dismissed. Therefore, the Court is likely to adjourn the matter for a long period of time to allow the criminal charges to be dealt with.
