Orders CPRA 2009

Question 1

Without Notice Restraining Order (WNRO)

Answer 1

Service of documents not required.
Where there is a risk the property would be concealed, altered, disposed or destroyed (CADD), if the respondents had notice.
Only valid for 7 days so need to have applied an ONRO with all documents served (application + affidavit)

Question 2

On Notice Restraining Order (ONRO)

Answer 2

Copy of application + affidavits must be served on all interested parties and OA
Lasts for 1 year
Crown renews ONRO

Question 3

When to press for Forfeiture Order: Assets, Instruments, Profit

Answer 3

Civil forfeiture orders are in the HC.
Completely separate to the criminal prosecution.
If there is a criminal prosecution, evidence of criminal offending is crucial to ARU proceedings.
Criminal takes priority, to ARU proceedings.
ARU on hold until criminal resolved and then file forfeiture application and affidavit.
Reason: conviction will help case and CPRA has powerful legislation that may prejudice the defendants right to silence
s.47 Conviction as Evidence in Civil Proceedings, this allows Police to have;
A Certified copy of conviction
Any SOF, judgement or sentencing remarks as proof of a respondents involvement in SCA

Question 4

Evidence that was inadmissible at the criminal trial?

Answer 4

Because proceeds matters are in the Civil jurisdiction, different rules apply as to the potential admissibility of evidence.
Evidence ruled inadmissible in the criminal jurisdiction,may be still admissible further police I the Civil jurisdiction (see Marwood)