Modifications etc. (not altering text)
C1Pt. 4 functions of receiver extended (24.2.2003) by Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133), arts. 1, 4(1)(a)
C2Pt. 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.)
C3Pt. 4: 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)
C4Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 11(5)
C5Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 6(5)
C6Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 8(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
C7Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 9(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
C8Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 42(4) (with s. 97); S.I. 2023/1272, reg. 2(a)
(1)Criminal conduct is conduct which—
(a)constitutes an offence in Northern Ireland, or
(b)would constitute such an offence if it occurred in Northern Ireland.
(2)General criminal conduct of the defendant is all his criminal conduct, and it is immaterial—
(a)whether conduct occurred before or after the passing of this Act;
(b)whether property constituting a benefit from conduct was obtained before or after the passing of this Act.
(3)Particular criminal conduct of the defendant is all his criminal conduct which falls within the following paragraphs—
(a)conduct which constitutes the offence or offences concerned;
(b)conduct which constitutes offences of which he was convicted in the same proceedings as those in which he was convicted of the offence or offences concerned;
(c)conduct which constitutes offences which the court will be taking into consideration in deciding his sentence for the offence or offences concerned.
(4)A person benefits from conduct if he obtains property as a result of or in connection with the conduct.
(5)If a person obtains a pecuniary advantage as a result of or in connection with conduct, he is to be taken to obtain as a result of or in connection with the conduct a sum of money equal to the value of the pecuniary advantage.
(6)References to property or a pecuniary advantage obtained in connection with conduct include references to property or a pecuniary advantage obtained both in that connection and some other.
(7)If a person benefits from conduct his benefit is the value of the property obtained.
Commencement Information
I1S. 224 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch. (with art. 9)