Part 2Confiscation: England and Wales
F1Exercise of powers: general
5AThe principal objective
(1)
This section applies to any power conferred by or under this Part on—
(a)
a court;
(b)
a prosecutor;
(c)
a person who is an appropriate officer within the meaning given by section 41A(3) or 47A(1);
(d)
any other person whose functions include the investigation of crime;
(e)
a receiver appointed under section 48 or 50.
(2)
The principal objective in exercising a power to which this section applies in relation to a defendant is to deprive the defendant of the defendant’s benefit from criminal conduct, so far as within the defendant’s means.
(3)
The defendant’s means are to be taken to include any tainted gifts made by the defendant.
(4)
A court or person must exercise any power to which this section applies in the way which the court or person considers is best calculated to further the principal objective.
(5)
The duty under section 2A(1) does not apply to the exercise by a relevant authority of a power to which this section applies if and to the extent that exercising the power in compliance with that duty would be inconsistent with doing so in compliance with the duty under subsection (4).
(6)
In subsection (5) “relevant authority” has the meaning given by section 2A(2).