OpenLegislation

Paragraph 9 BenefitI1I2

England and Wales

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

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.”

(3)

In section 84 (property: general provisions)—

(a)

in subsection (2)(b), at the end insert “(and see subsection (3))”;

(b)

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)