Paragraph 27 Exception to restraint order for reasonable living expensesI1I2

after subsection (3) insert—

“(3A)

In making an exception to a restraint order that makes provision for reasonable living expenses the court must, in particular, have regard to the following—

(a)

the period for which the restraint order is to have effect;

(b)

the specified person’s applicable standard of living (see subsection (11));

(c)

the specified person’s means;

(d)

the value of relevant realisable property held by the specified person in relation to the amount that the defendant is, or is likely to be, required to pay under a confiscation order;

(e)

the extent to which expenditure by the specified person is necessary or desirable for the purpose of improving or maintaining the value of relevant realisable property held by them.”;

at the end insert—

“(11)

In this section—

• “applicable standard of living”, in relation to a specified person, means—

  1. (a)

     the person’s standard of living immediately before the making of the restraint order, or

  2. (b)

     in a case where there is reasonable cause to believe that the person enjoys a higher standard of living as a result of criminal activity, the standard of living that the person would enjoy but for that activity;

• “relevant realisable property” has the same meaning as in section 40.”