'A Man’s Home Is His Castle' – or is it? How to take houses from people without convicting them of anything: the Criminal Property Confiscation Act 2000 (WA)
This article highlights the steady erosion of fundamental principles of justice under statutory-based civil confiscation regimes in Australia. It commences with a brief overview of the legal framework for the forfeiture of criminal assets under both conviction and non-conviction-based statutory confiscation schemes. Particular reference is made to the currentconfiscation legislation in Western Australia – the Criminal Property Confiscation Act 2000 (WA) (CPCA) (1). The confiscation triggers found in the CPCA are discussed, with particular attention being paid to the unexplained wealth provisions. Criticisms of the legislation are offered, and potential grounds for constitutional challenge are explored. Aspects of the CPCA requiring further research and analysis are identified, and suggested amendments to the Act are outlined. This article is by no means a comprehensive critique of what is a complex and as yet largely untested statutory confiscation regime.
Clarke, B. (2004). 'A man’s home is his castle' – or is it? How to take houses from people without convicting them of anything: the Criminal Property Confiscation Act 2000 (WA). Criminal Law Journal, 28(5), 263-286.