Paragraph 9 BenefitI1

Northern Ireland Not yet in force

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 224 (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 232(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 232 (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. 22 para. 9 not in force at Royal Assent, see s. 255(8)(m)