Re Smith; Ex Parte Director of Public Prosecutions for Western Australia (No 1)

(2004) 146 A Crim R 40; [2004] WASC 145

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Criminal Law
2. › Confiscation of property
3. › Freezing orders
4. › Grounds for making order
5. › Meaning of 'grounds' in s 44
6. › Whether includes evidence of facts supporting making of order
7. › Criminal Property Confiscation Act 2000 (WA), s 44
1. Criminal Law
2. › Confiscation of property
3. › Freezing orders
4. › Confidentiality of supporting material
5. › Ex parte application
6. › Whether interested party entitled to disclosure of affidavit material
7. › Criminal Property Confiscation Act 2000 (WA), ss 41, 42, 43, 44, 46
1. Criminal Law
2. › Confiscation of property
3. › Secrecy requirements
4. › Scope of s 70 restricted disclosures
5. › Whether applicable to freezing orders
6. › Criminal Property Confiscation Act 2000 (WA), ss 70, 71, 72
1. Evidence
2. › Public interest immunity
3. › Investigatory material
4. › Confidential affidavit supporting confiscation proceedings
5. › Whether disclosure would prejudice ongoing investigation

Quick Take

The word 'grounds' in s 44 of the Criminal Property Confiscation Act 2000 (WA) means the statutory foundation for the freezing order (e.g., that an examination order is in force or has been applied for), not the underlying evidence or factual material. Section 70 secrecy provisions do not apply to freezing orders or proceedings relating to them, but public interest immunity may independently protect confidential investigatory material from disclosure to interested parties. DPP practitioners should seek s 42 closed court orders as a matter of practice rather than relying solely on s 70.