C7C8C3C2C9C4C6C10C5C1C11Part 2Confiscation: England and Wales

Annotations:
Modifications etc. (not altering text)
C4

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)

C10

Pt. 2 applied (12.2.2019 for specified purposes, 13.8.2020 in so far as not already in force) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 33(5) (with s. 25(9)); S.I. 2020/792, reg. 2(g)

Confiscation orders

I1C7C87C7C8C6 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) F2or 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), F4the 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 F5or 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)F3, 303O(3), 303R(3) F7, 303Z14(4), 303Z41(4), 303Z45(3) or 303Z60(4)F1, and

d

any property which is the forfeitable property in relation to an order under section 303Q(1) F8or 303Z44(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.