For the purposes of making a confiscation order1 the 'recoverable amount' is an amount equal to the defendant's benefit from the conduct2 concerned3. But if the defendant shows that the available amount is less than that benefit the recoverable amount is the available amount4 or a nominal amount, if the available amount is nil5. If the court decides the available amount, it must include in the confiscation order a statement of its findings as to the matters relevant for deciding that amount6.
For the purposes of deciding the recoverable amount, the 'available amount' is the aggregate of: (1) the total
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234