224. Calculating the defendant's benefit.

If the court is proceeding in relation to a confiscation order1, then the following applies for the purpose of deciding whether the defendant has benefited from conduct2, and deciding his benefit from the conduct3. The court must take account of conduct occurring up to the time it makes its decision4 and take account of property obtained up to that time5. Where:


    (1)     the conduct concerned is general criminal conduct6;


    (2)     a confiscation order7 has at an earlier time been made against the defendant8; and


    (3)     his benefit for the purposes of that order was benefit from his general criminal