{
  "url": "https://openlegislation.uk/proceeds-of-crime-act-2002/section-76",
  "json_url": "https://openlegislation.uk/proceeds-of-crime-act-2002/section-76.json",
  "legislation": "ukpga/2002/29",
  "legislation_title": "Proceeds of Crime Act 2002",
  "legislation_url": "https://openlegislation.uk/proceeds-of-crime-act-2002",
  "path": "section/76",
  "kind": "section",
  "number": "76",
  "heading": "Conduct and benefit",
  "text": "(1) Criminal conduct is conduct which—\n(a) constitutes an offence in England and Wales, or\n(b) would constitute such an offence if it occurred in England and Wales.\n(2) General criminal conduct of the defendant is all his criminal conduct, and it is immaterial—\n(a) whether conduct occurred before or after the passing of this Act;\n(b) whether property constituting a benefit from conduct was obtained before or after the passing of this Act.\n(3) Particular criminal conduct of the defendant is all his criminal conduct which falls within the following paragraphs—\n(a) conduct which constitutes the offence or offences concerned;\n(b) conduct which constitutes offences of which he was convicted in the same proceedings as those in which he was convicted of the offence or offences concerned;\n(c) conduct which constitutes offences which the court will be taking into consideration in deciding his sentence for the offence or offences concerned.\n(4) A person benefits from conduct if he obtains property as a result of or in connection with the conduct.\n(5) If a person obtains a pecuniary advantage as a result of or in connection with conduct, he is to be taken to obtain as a result of or in connection with the conduct a sum of money equal to the value of the pecuniary advantage.\n(6) References to property or a pecuniary advantage obtained in connection with conduct include references to property or a pecuniary advantage obtained both in that connection and some other.\n(7) If a person benefits from conduct his benefit is the value of the property obtained.\n(8) But in a case where—\n(a) the person—\n(i) intended to have only a limited power to control or dispose of all or part of the property,\n(ii) held the property temporarily, or\n(iii) is treated as obtaining the property as a result of section 84(3), and\n(b) the court believes that the amount found under subsection (7) in relation to the property would produce a result that would be unjust,\nthe court may reduce that amount to such amount (including zero) as the court believes is just.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 76(8) inserted (29.6.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 21 para. 9(2); S.I. 2026/689, reg. 2(1)(z12)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "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.)"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "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.)"
    },
    {
      "type": "C",
      "label": "C3",
      "text": "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)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 76 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch. (with art. 9)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2002/29/section/76",
    "retrieved_at": "2026-10-29T09:19:19.387180+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}