Coroners and Justice Act 2009

162 Determination of applications

(1) This section applies where the court to which an application for an exploitation proceeds order is made is satisfied as mentioned in section 155(1).

(2) When determining whether to make an exploitation proceeds order in respect of any benefit, or the recoverable amount to be specified in such an order, the court—

(a) must take account of the matters mentioned in subsection (3), and

(b) may take account of such other matters as it considers relevant.

(3) Those matters are—

(a) the nature and purpose of the exploitation from which (or intended exploitation in connection with which) the respondent derived the benefit;

(b) the degree to which the relevant material was (or was intended to be) integral to the activity or product and whether it was (or was intended to be) of central importance to the activity or product;

(c) the extent to which the carrying out of the activity or supplying of the product is in the public interest;

(d) the social, cultural or educational value of the activity or product;

(e) the seriousness of the relevant offence to which the activity or product relates;

(f) the extent to which any victim of the offence or the family of the victim is offended by the respondent obtaining exploitation proceeds from the relevant offence.

(4) In subsection (3) references to “activity” or “product” are to the activity or product which constituted (or was intended to constitute) the exploitation from which, or in connection with which, the respondent derived the benefit.

(5) “Relevant material” means the material—

(a) which pertains to the relevant offence in relation to the respondent, and

(b) by reason of the exploitation of which (or steps taken or to be taken with a view to the exploitation of which) the respondent has derived the benefit.