223. Defendant's Benefit. | Sentencing | LexisNexis

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223. Defendant's benefit.

A person benefits from conduct if he obtains property¹ as a result of, or in connection with, the conduct² and, if a person benefits from conduct, his benefit is the value of the property obtained³. 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 advantage⁴.

The benefit obtained may exceed the profit derived from the activity⁵. To determine whether a defendant has benefited the prosecution

(2) Confiscation Orders

189. The different confiscation regimes.

190. Committal by magistrates' court.

191. Sentencing powers after a committal for a confiscation order.

192. Postponement of confiscation proceedings.

193. Effect of postponement.

194. Statement of information, and defendant's response.

195. Provision of information by defendant or other interested person.

196. Seized money.

197. Seized personal property.

198. Qualifications required.

199. When proceedings are 'started' and 'concluded'.

200. Conditions for exercise of powers etc to make a restraint order.

201. Restraint orders.

202. Restraint orders deriving from criminal investigations.

203. Exceptions for legal aid and other payments.

204. Application, discharge and variation.

205. Appeal to the Court of Appeal and to the Supreme Court.

206. Hearsay evidence.

207. Restrictions.

208. Power to seize property.

209. Powers of search.

210. Exempt property.

211. Exercise of powers without judicial approval.

212. Further detention of seized property pending the making or variation of a restraint order.

213. Further detention of seized property in other cases.

214. Release of property.

215. Codes of practice.

216. Defendant convicted or committed.

217. Defendant neither convicted nor acquitted.

218. Variation of order.

219. Discharge of order.

220. Evidence.

221. Making a confiscation order.

222. European Convention on Human Rights.

223. Defendant's benefit.

224. Calculating the defendant's benefit.

225. 'Criminal conduct'.

226. 'Property', 'holding' property and cognate expressions.

227. 'Gifts'.

228. 'Tainted gifts'.

229. 'Criminal lifestyle'.

230. Lifestyle offences.

231. Assumptions to made in case of criminal lifestyle.

232. Value of property.

233. Recoverable and available amounts.

234. Time for payment; interest on unpaid sums.

235. Victim intends to start proceedings.

236. Criminal unlawful profits order made.

237. Effect of confiscation order on court's other powers.

238. Enforcement of confiscation orders as fines.

239. Provisions about imprisonment or detention.

240. Reconsideration etc: variation of prison term.

241. Right to appeal.

242. Appeals procedure.

243. Appeals by the prosecutor.

244. Court of Appeal's powers on appeal by the prosecutor.

245. Appeal to the Supreme Court.

246. Orders for securing compliance.

247. Appointment of management receivers.

248. Powers of management receivers.

249. Appointment of enforcement receivers.

250. Powers of enforcement receivers.

251. Powers of court and receiver.

252. Protection.

253. Further applications.

254. Discharge and variation.

255. Management receivers: discharge.

256. Restrictions.

257. Appeal.

258. Enforcement receivers.

259. Sums received by designated officer.

260. Serious default.

261. Order varied or discharged.

262. Enforcement abroad.

263. External requests and orders.

264. Excluded property.

265. Excluded powers.

266. Provision relating to tainted gifts.

267. Winding up.

268. Provision relating to tainted gifts.

269. Floating charges.

270. Liability and lien.

271. Expenses.

272. Duty of prosecutor to provide information.

273. No order made: reconsideration of case.

274. No order made: reconsideration of benefit.

275. Order made: reconsideration of benefit.

276. Order made: reconsideration of available amount.

277. Inadequacy of available amount: variation of order.

278. Inadequacy of available amount: discharge of order.

279. Death of defendant: discharge of order.

280. Small amount outstanding: discharge of debt.