233. Recoverable and available amounts.

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