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Proceeds of Crime Act 2002, Section 146 is up to date with all changes known to be in force on or before 27 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies for the purpose of deciding the value of property obtained by a person as a result of or in connection with his criminal conduct; and the material time is the time the court makes its decision.
(2)The value of the property at the material time is the greater of the following—
(a)the value of the property (at the time the person obtained it) adjusted to take account of later changes in the value of money;
(b)the value (at the material time) of the property found under subsection (3).
(3)The property found under this subsection is—
(a)if the person holds the property obtained, that property;
(b)if he holds no part of the property obtained, any property which directly or indirectly represents it in his hands;
(c)if he holds part of the property obtained, that part and any property which directly or indirectly represents the other part in his hands.
(4)The references in subsection (2)(a) and (b) to the value are to the value found in accordance with section 145.
Modifications etc. (not altering text)
C1Pt. 3 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 17(4A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(4)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.
Commencement Information
I1S. 146 in force at 24.3.2003 by S.S.I. 2003/210, art. 2(1)(a)
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