Search Legislation

The Proceeds of Crime Act 2002 (Commencement No. 5) (Amendment of Transitional Provisions) Order 2003

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

3.  For article 7, there is substituted—

Transitional provisions relating to criminal lifestyle—England and Wales

7.  (1)  This article applies where the court is determining under section 6(4)(a) of the Act whether the defendant has a criminal lifestyle.

(2) Conduct shall not form part of a course of criminal activity under section 75(3)(a) of the Act where any of the three or more offences mentioned in section 75(3)(a) was committed before 24th March 2003.

(3) Where the court is applying the rule in section 75(5) of the Act on the calculation of relevant benefit for the purposes of determining whether or not the test in section 75(2)(b) of the Act is satisfied by virtue of conduct forming part of a course of criminal activity under section 75(3)(a) of the Act, the court must not take into account benefit from conduct constituting an offence mentioned in section 75(5)(c) of the Act which was committed before 24th March 2003.

(4) Conduct shall form part of a course of criminal activity under section 75(3)(b) of the Act, notwithstanding that any of the offences of which the defendant was convicted on at least two separate occasions in the period mentioned in section 75(3)(b) were committed before 24th March 2003.

(5) Where the court is applying the rule in section 75(5) of the Act on the calculation of relevant benefit for the purposes of determining whether or not the test in section 75(2)(b) of the Act is satisfied by virtue of conduct forming part of a course of criminal activity under section 75(3)(b) of the Act, the court may take into account benefit from conduct constituting an offence committed before 24th March 2003.

(6) Where the court is applying the rule in section 75(6) of the Act on the calculation of relevant benefit for the purposes of determining whether or not the test in section 75(2)(c) of the Act is satisfied, the court must not take into account benefit from conduct constituting an offence mentioned in section 75(6)(b) of the Act which was committed before 24th March 2003..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources