Part 7Criminal memoirs etc
Exploitation proceeds orders
I1160Deriving a benefit
1
This section applies for the purposes of section 155(3).
2
The exploitation may be by any means, including—
a
the publication of any material in written or electronic form;
b
the use of any media from which visual images, words or sounds can be produced;
c
live entertainment, representation or interview.
3
A person (“A”) is to be regarded as having derived a benefit if A secures the benefit for another person (“B”) (whether or not A had any legal right to ensure the benefit was so secured or B had any legal entitlement to the benefit).
4
It does not matter whether the benefit is derived, or whether the exploitation (or any step taken or to be taken with a view to exploitation) takes place,—
a
within or outside the United Kingdom, or
b
before or after the person who committed the relevant offence is convicted of that offence.
5
But—
a
the benefit must be derived after the coming into force of section 155, and
b
where the relevant offence is an offence within section 159(1)(c), the associated offence committed by the respondent must have been committed before the benefit was derived.
6
In subsection (4)(b), the reference to conviction of the relevant offence includes a reference to a finding mentioned in section 156(2)(b) or (c) or (3)(a)(ii) or (iii) or 157(2)(b) or (3) in relation to the offence.