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Reforms to seize criminal assets
By Political Reporter TOM RICHARDSON
11nov04

SWEEPING reforms giving authorities power to seize criminal assets and
proceeds have been introduced to Parliament.

Attorney-General Michael Atkinson yesterday announced the detail of the
Government's new approach to the confiscation of criminal assets, which will
be donated to victims of crime.
"We want to strike at the heart of crime by attacking one of the primary
motives - profit," he said.

"This way we can minimise proceeds for reinvestment in further crime and
erode the finance base of organised crime gangs."

More than $5 million worth of criminal property has been seized in SA over
the past eight years.

Mr Atkinson said he hoped to see "millions of dollars pouring into the
Victims of Crime fund" following the introduction of the new laws.

The Bill can give authorities the power to seize proceeds of crime, even if
the accused is not convicted if, for instance, "there is an acquittal on a
technicality". Instead, the laws will require authorities to prove "on
balance of probabilities" a crime has been committed.

Mr Atkinson said the Bill would "strike at the heart of organised crime by
taking away the rewards criminals might think they can reap from a crime".
Key aspects include:

RESTRAINING orders to prevent assets being siphoned off before authorities
can get them

FORFEITURE orders for proceeds of crime

MORE comprehensive literary proceeds orders to confiscate the proceeds of
any commercial exploitation of crime

EXTENSIVE information gathering powers, empowering magistrates, senior
police and District Court judges to identify assets that may be seized.

Mr Atkinson expects the Bill - the latest plank in the Government's "tough
on crime" agenda - to be criticised as "draconian" by civil libertarians.

He said he made "no apology for seizing the assets of crime to benefit
victims". "This is a significant boost to police powers in SA and the
Government has taken a balanced approach following extensive consultation
with the DPP and SAPOL," he said.

Opposition legal affairs spokesman Robert Lawson said the proposal was
"neither sweeping nor unprecedented" but indicated the Liberal Party would
support it "if in fact it is a real improvement".