Part 2

Confiscation: England and Wales

Confiscation orders

Recoverable amount
7
1
The recoverable amount for the purposes of section 6 is an amount equal to the defendant’s benefit from the conduct concerned.
2
But if the defendant 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 6(6) 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 defendant’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.