The Criminal Property Confiscation Act 2000 (WA) authorises both police and DPP possession and derivative use of information compulsorily acquired under s 76(1)(e) in the prosecution of persons for the relevant confiscable offence. The statutory scheme of the CPCA, including the DPP's extensive functions, the absence of express confidentiality restrictions on s 76 information, and the mandatory disclosure requirements of the CPA, distinguishes the CPCA from the regime considered in Lee v The Queen (2014) 253 CLR 455. Even where a prosecutor makes use of compulsorily obtained information to direct further investigation, no miscarriage of justice arises where the investigation produces no evidentiary material capable of assisting the prosecution. The question whether the companion principle applies retrospectively to information compulsorily acquired before charge was left open.
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