C1C2C3 Part 3 Confiscation: Scotland
Pt. 3 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 17(4A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(4)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.
Pt. 3 applied by 2000 c. 11, Sch. 8 para. 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7))
Confiscation orders
I1C2C393C2C3 Recoverable amount
1
The recoverable amount for the purposes of section 92 is an amount equal to the accused’s benefit from the conduct concerned.
2
But if the accused 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 92(7) 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 accused’s benefit from the conduct concerned for the purposes of subsection (1), any property in respect of which—
a
a recovery order is in force under section 266, or
b
a forfeiture order is in force under section 298(2),
must be ignored.
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.
Pt. 3 functions of administrator 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)