Confiscation of the proceeds of crime deprives offenders of the benefits generated by their criminal behaviour and removes the motivation to commit crimes for personal gain.

The ODPP is responsible for confiscation action arising from the prosecution of all serious offences under NSW law, except for those cases in which the NSW Crime Commission has taken action.

The confiscation of assets used in or derived from the commission of serious crime is an important aspect of the criminal justice system and is justified to:

1. prevent unjust enrichment
2. deter crime by reducing its profitability
3. prevent crime by confiscating the means to commit it
4. maintain public confidence in the criminal justice system
5. put criminally derived assets to the use and benefit of society.
    

Prosecutors should pursue authorised confiscation applications after a conviction is recorded.