WHAT HAPPENS WHEN?

The Prosecution firstly ask for an enquiry or the Court can of its own volition do so when it believes it is appropriate. The Judge then decides whether the Defendant has a “criminal lifestyle” which is dependent upon the nature of the offence or offences of which the Defendant is convicted in these or previous proceedings. The Judge must then decide whether the Defendant has benefited from criminal conduct. In the event that that Defendant has been found to have a criminal lifestyle, the Court must decide whether the Defendant has benefited from his “general criminal conduct”. If, however, the Defendant does not have a criminal lifestyle, the Court must decide whether he has benefited from his “particular criminal conduct.”

Next the Judge decides what is the gross market value of the proceeds or benefit, referred to as the “recoverable amount.” Finally, the Judge makes an Order in that sum, unless the Defendant can prove that the value of all his assets (“the available amount”) is less than the value of the benefit.

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