The Criminal Proceeds Confiscation Act 2002 (Qld) (‘the Act’) applies when the State of Queensland confiscates the proceeds of crime and property connected to persons convicted of particular serious drug offences. Section 8 of the Act states that proceedings under the Act are civil proceedings and not criminal proceedings, which, among other things, means that: Questions of fact must be decided on the ‘balance of probabilities’ and not the criminal and rigorous requirement of ‘beyond a reasonable doubt’; and The rules of evidence only apply to the extent that they do in civil proceedings. Nevertheless, the civil proceeding can and … Continue reading Criminal Proceeds Confiscation and When the Proceeding will be Stayed