Paragraph 3 The serious risk of injustice testI1I2

In section 10 of the Proceeds of Crime Act 2002 (assumptions to be made in case of criminal lifestyle), after subsection (6) insert—

“(6A)

In determining whether there would be a serious risk of injustice if a required assumption were made in relation to particular property or expenditure, the court must consider all the circumstances of the case and must, in particular, give the appropriate weight to—

(a)

any evidence about the serious risk of injustice that has been made available to it, and

(b)

any explanation given by the defendant for being unable to provide evidence that would have shown the assumption to be incorrect.”