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.  

   (1)     the conduct concerned is general criminal conduct⁶;

2.  

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

3.  

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