C2C1C3C5C4C6C7Part 2Confiscation: England and Wales

Annotations:
Modifications etc. (not altering text)
C6

Pt. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)

Confiscation orders

I1C2C17C2C1C7 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) F1or 6(6A) 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), F2the following must be ignored—

a

any property in respect of which a recovery order is in force under section 266,

b

any property which has been forfeited in pursuance of a forfeiture notice under section 297A F3or an account forfeiture notice under section 303Z9, F6...

c

any property in respect of which a forfeiture order is in force under section 298(2)F4, 303O(3), 303R(3) or 303Z14(4)F5, and

d

any property which is the forfeitable property in relation to an order under section 303Q(1).

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.