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Proceeds of Crime Act 2002

Section 224: Conduct and benefit

278.Section 224 defines criminal conduct as any conduct constituting an offence in Northern Ireland or (if it took place elsewhere in the United Kingdom or abroad) would constitute an offence if it occurred in Northern Ireland. The restriction of the scope of confiscation under existing legislation to drug trafficking, other indictable offences and specified summary offences is thus abolished. Under the Act, the Crown Court, which makes a confiscation order, will need to consider conduct solely by reference to the law of Northern Ireland. Section 224(2) and (3) also defines “general criminal conduct” and “particular criminal conduct” (for which, see the note on section 76).

279.Subsection (4) also provides for Northern Ireland the same definition of “benefit from conduct” proposed at section 76(4). This will replace the similar definition of benefit provided by Article 2(6) of the Proceeds of Crime (Northern Ireland) Order 1996.

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