Proceeds of Crime Act 1991

  • repealed
  • Proceeds of Crime Act 1991: repealed, on 1 December 2009, by section 171 of the Criminal Proceeds (Recovery) Act 2009 (2009 No 8).
28 Further provisions relating to assessment of pecuniary penalty

  • (1) Where an application for a pecuniary penalty order is made in respect of a single offence, and the Court is satisfied that the value of the defendant's property after the commission of the offence exceeded the value of the defendant's property before the commission of the offence, then, for the purposes of section 27 of this Act, the Court may, subject to subsection (3) of this section, treat the value of the benefits derived by the defendant from the commission of the offence as being not less than the amount of the excess.

    (2) Where an application for a pecuniary penalty order is made in respect of 2 or more offences, and the Court is satisfied that the value of the defendant's property at any time during or after the offence period exceeded the value of the defendant's property before the offence period, then, for the purposes of section 27 of this Act, the Court may, subject to subsection (3) of this section, treat the value of the benefits derived by the defendant from the commission of the offences as being not less than the amount of the excess.

    (3) Notwithstanding anything in subsection (1) or subsection (2) of this section, if the defendant satisfies the Court that the whole or part of the excess was due to causes unrelated to the commission of the offence or offences, the excess or that part of the excess, as the case may be, shall not be included, for the purposes of section 27 of this Act, in the value of benefits derived by the defendant from the commission of the offence or offences.

    (4) Where an application for a pecuniary penalty order is made in relation to 1 or more drug-dealing offences,—

    • (a) All the property of the defendant at the time the application is made; and

    • (b) All the property of the defendant at any time—

      • (i) Within the period between the day the offence, or the earliest offence, was committed and the day on which the application is made; or

      • (ii) Within the period of 2 years immediately before the day on which the application is made,—

      whichever is the shorter—

    shall be presumed, unless the contrary is proved, to be property that came into the possession or under the control of the defendant by reason of the commission of the offence or offences.

    Compare: Proceeds of Crime Act 1987 (Aust) s 27(4)-(6)