C8C7C6C3C5C1C2C4Part 4Confiscation: Northern Ireland

Annotations:
Modifications etc. (not altering text)
C7

Pt. 4 applied by S.I. 1989/1341 (N.I. 12), arts. 57(5B), 59(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), Supreme Court s. 458(1), Sch. 11 para. 19(2)(3); S.I. 2003/333, art. 2, Sch.)

Confiscation orders

I1C7157C7 Recoverable amount

1

The recoverable amount for the purposes of section 156 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 156(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), F3the 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, F7...

c

any property in respect of which a forfeiture order is in force under section 298(2)F2, 303O(3), 303R(3) F6or 303Z14(4)F6, 303Z14(4), 303Z41(4), 303Z45(3) or 303Z60(4)F4, and

d

any property which is the forfeitable property in relation to an order under section 303Q(1) F1or 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.