Part 2

Confiscation: England and Wales

Procedural matters

Statement of information
16
1
If the court is proceeding under section 6 in a case where section 6(3)(a) applies, the prosecutor or the Director (as the case may be) must give the court a statement of information within the period the court orders.
2
If the court is proceeding under section 6 in a case where section 6(3)(b) applies and it orders the prosecutor to give it a statement of information, the prosecutor must give it such a statement within the period the court orders.
3
If the prosecutor or the Director (as the case may be) believes the defendant has a criminal lifestyle the statement of information is a statement of matters the prosecutor or the Director believes are relevant in connection with deciding these issues—
a
whether the defendant has a criminal lifestyle;
b
whether he has benefited from his general criminal conduct;
c
his benefit from the conduct.
4
A statement under subsection (3) must include information the prosecutor or Director believes is relevant—
a
in connection with the making by the court of a required assumption under section 10;
b
for the purpose of enabling the court to decide if the circumstances are such that it must not make such an assumption.
5
If the prosecutor or the Director (as the case may be) does not believe the defendant has a criminal lifestyle the statement of information is a statement of matters the prosecutor or the Director believes are relevant in connection with deciding these issues—
a
whether the defendant has benefited from his particular criminal conduct;
b
his benefit from the conduct.
6
If the prosecutor or the Director gives the court a statement of information—
a
he may at any time give the court a further statement of information;
b
he must give the court a further statement of information if it orders him to do so, and he must give it within the period the court orders.
7
If the court makes an order under this section it may at any time vary it by making another one.