The existence of pending criminal proceedings is not, of itself, a basis for refusing to make an examination order under s 31D of the Criminal Assets Recovery Act 1990 (NSW). Section 63 of the Act precludes reliance on pending criminal proceedings as a ground for resisting or delaying examination on any procedural basis. Procedural safeguards including suppression orders under the Court Suppression and Non-publication Orders Act 2010 (NSW) and the inherent powers of the Court are available to address any prejudice to criminal proceedings arising from the examination. The Court of Criminal Appeal's suggestion in R v Masters that its obligation to follow Court of Appeal decisions was merely to have 'great regard' for them is disapproved.
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