Unexplained wealth laws in Australia

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PDFUnexplained wealth laws in Australia

23 July 2010The power of the state to confiscate assets derived from criminal acts is well-accepted in criminal justice. This paper considers the scope and impact of laws concerned with unexplained wealth in Australia.

Unexplained wealth laws are thought to deter would-be criminals by reducing the profitability of illegal activities and to prevent crime by diminishing offenders' ability to finance future criminal acts. However, critics argue that the laws infringe on the right to silence and undermine the presumption of innocence by requiring a person who lives beyond their apparent means to justify the legitimacy of their financial circumstances. This paper examines the evolution of unexplained wealth laws in Australia and considers the arguments for and against such provisions, as well as highlighting the need for further research in this area.

 

Publication typeReport
Publisher TypeAPO Member, Government or Gov agency
CoverageAustralia
Permanent URLhttp://apo.org.au/node/22107
Views2337

Related Topics

Corruption

Fraud

Organised crime

Theft

Trafficking

Justice

Economics

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