Part 5Civil recovery of the proceeds etc. of unlawful conduct

C1Chapter 4General

Annotations:
Modifications etc. (not altering text)
C1

Pt. 5 Ch. 4: power to modify conferred (25.4.2013) by Crime and Courts Act 2013 (c. 22), s. 61(11)(f), Sch. 25 para. 7

Recoverable property

305 Tracing property, etc.

1

Where property obtained through unlawful conduct (“the original property”) is or has been recoverable, property which represents the original property is also recoverable property.

2

If a person enters into a transaction by which—

a

he disposes of recoverable property, whether the original property or property which (by virtue of this Chapter) represents the original property, and

b

he obtains other property in place of it,

the other property represents the original property.

3

If a person disposes of recoverable property which represents the original property, the property may be followed into the hands of the person who obtains it (and it continues to represent the original property).