Section 75 Criminal lifestyleC1C2C3I1
A defendant has a criminal lifestyle if (and only if) the following condition is satisfied.
The condition is that the offence (or any of the offences) concerned satisfies any of these tests—
it is specified in Schedule 2;
it constitutes conduct forming part of a course of criminal activity;
it is an offence committed over a period of at least six months and the defendant has benefited from the conduct which constitutes the offence.
Conduct forms part of a course of criminal activity if the defendant has benefited F1, or intended to benefit, from the conduct and—
in the period of six years ending with the day when those proceedings were started (or, if there is more than one such day, the earliest day) he was convicted on at least two separate occasions of an offence constituting conduct from which he has benefited F4or intended to benefit.
But an offence does not satisfy the test in subsection (2)(b) or (c) unless the defendant obtains relevant benefit of not less than £5000.
Relevant benefit for the purposes of subsection (2)(b) is—
benefit from conduct which constitutes the offence;
benefit from any other conduct which forms part of the course of criminal activity and which constitutes an offence of which the defendant has been convicted;
benefit from conduct which constitutes an offence which has been or will be taken into consideration by the court in sentencing the defendant for an offence mentioned in paragraph (a) or (b).
Relevant benefit for the purposes of subsection (2)(c) is—
benefit from conduct which constitutes the offence;
benefit from conduct which constitutes an offence which has been or will be taken into consideration by the court in sentencing the defendant for the offence mentioned in paragraph (a).
The Secretary of State may by order amend Schedule 2.
The Secretary of State may by order vary the amount for the time being specified in subsection (4).
Annotations
Textual amendments
- F1
Words in s. 75(3) inserted (29.6.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 21 para. 4(2)(a) (with Sch. 21 para. 4(3)); S.I. 2026/689, reg. 2(1)(z12)
- F2
Word in s. 75(3)(a) substituted (29.6.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 21 para. 4(2)(b)(i); S.I. 2026/689, reg. 2(1)(z12)
- F3
Words in s. 75(3)(a) inserted (29.6.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 21 para. 4(2)(b)(ii) (with Sch. 21 para. 4(3)); S.I. 2026/689, reg. 2(1)(z12)
- F4
Words in s. 75(3)(b) inserted (29.6.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 21 para. 4(2)(c) (with Sch. 21 para. 4(3)); S.I. 2026/689, reg. 2(1)(z12)
Modifications
- C1
Pt. 2 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 8(5A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(2)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.)
- C2
Pt. 2 applied by Police and Criminal Evidence Act 1984 (c. 60), ss. 56(5B), 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(2)(3); S.I. 2003/333, art. 2, Sch.)
- C3
Pt. 2 applied (with modifications) (1.6.2015) by The Restraint Orders (Legal Aid Exception and Relevant Legal Aid Payments) Regulations 2015 (S.I. 2015/868), regs. 1, 5 (with reg. 4)
Commencement
- I1
S. 75 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch. (with art. 7) (as amended (6.3.2003) by S.I. 2003/531, art. 3)
Notes on Part 2
Modifications
- C3
Pt. 2: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)
- C4
Pt. 2 applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 15(5)
- C5
Pt. 2 applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 10(5)
- C6
Pt. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)
- C8
Pt. 2 applied (12.2.2019 for specified purposes, 13.8.2020 in so far as not already in force) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 33(5) (with s. 25(9)); S.I. 2020/792, reg. 2(g)
- C9
Pt. 2 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 8(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
- C10
Pt. 2 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 9(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
- C11
Pt. 2 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 42(4) (with s. 97); S.I. 2023/1272, reg. 2(a)