C2C1C3Part 2Confiscation: England and Wales
Pt. 2 applied by Police and Criminal Evidence Act 1984 (c. 60), ss. 56(5B), 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(2)(3); S.I. 2003/333, art. 2, Sch.)
Pt. 2: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)
Confiscation orders
I1C2C17C2C1 Recoverable amount
1
The recoverable amount for the purposes of section 6 is an amount equal to the defendant’s benefit from the conduct concerned.
2
But if the defendant shows that the available amount is less than that benefit the recoverable amount is—
a
the available amount, or
b
a nominal amount, if the available amount is nil.
3
But if section 6(6) applies the recoverable amount is such amount as—
a
the court believes is just, but
b
does not exceed the amount found under subsection (1) or (2) (as the case may be).
4
In calculating the defendant’s benefit from the conduct concerned for the purposes of subsection (1), any property in respect of which—
a
a recovery order is in force under section 266, or
b
a forfeiture order is in force under section 298(2),
must be ignored.
5
If the court decides the available amount, it must include in the confiscation order a statement of its findings as to the matters relevant for deciding that amount.
Pt. 2 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 8(5A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(2)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.)