Paragraph 9 BenefitI1I2
England and Wales
The Proceeds of Crime Act 2002 is amended as follows.
In section 76 (conduct and benefit), after subsection (7) insert—
“(8)But in a case where—
(a)the person—
(i)intended to have only a limited power to control or dispose of all or part of the property,
(ii)held the property temporarily, or
(iii)is treated as obtaining the property as a result of section 84(3), and
(b)the court believes that the amount found under subsection (7) in relation to the property would produce a result that would be unjust,
the court may reduce that amount to such amount (including zero) as the court believes is just.”
In section 84 (property: general provisions)—
in subsection (2)(b), at the end insert “(and see subsection (3))”;
after subsection (2) insert—
“(3)If, as a result of or in connection with conduct, a person keeps property that the person already has, where the court believes it just to do so the person is to be treated as obtaining the property as a result of or in connection with the conduct.”
Annotations
Commencement
- I1
Sch. 21 para. 9 not in force at Royal Assent, see s. 255(1)
- I2
Sch. 21 para. 9 in force at 29.6.2026 by S.I. 2026/689, reg. 2(1)(z12)