Confiscation step 2: Has the defendant benefited from relevant criminal conduct?
Confiscation step 2: Has the defendant benefited from relevant criminal conduct?

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Confiscation step 2: Has the defendant benefited from relevant criminal conduct?
  • Benefit from criminal conduct
  • Criminal conduct
  • Property
  • A pecuniary advantage
  • Obtaining as a result of or in connection with criminal conduct
  • Obtaining ‘in connection with’
  • Obtaining in connection with criminal conduct—regulatory offences
  • Obtaining through joint enterprise
  • General criminal conduct and the application of the assumptions
  • More...

The steps to determining any confiscation order are set out at section 6 of the Proceeds of Crime Act 2002 (POCA 2002). Once the conditions at POCA 2002, s 6(1) and (2) have been satisfied, the court must determine whether the offender has a criminal lifestyle. For information on what constitutes a criminal lifestyle under POCA 2002, see Practice Note: Confiscation step 1: Does the defendant have a criminal lifestyle?

Once the court has determined the criminal lifestyle issue, it must then move to decide if they have benefited from their general criminal conduct (GCC) or particular criminal conduct (PCC) (POCA 2002, s 6(4)(b) and (c)).

Benefit from criminal conduct

The prosecution must prove, to the civil standard (that is, on the balance of probabilities), that the defendant has benefited from criminal conduct. A defendant benefits from criminal conduct if they obtain property as a result of or in connection with their criminal conduct or, if they obtain a pecuniary advantage as a result of or in connection with criminal conduct.

The defendant's benefit, therefore, is the value of the pecuniary advantage or the property obtained as a result of or in connection with the criminal conduct.

Criminal conduct

Criminal conduct is conduct that constitutes (or would constitute) an offence in England and Wales, wherever it is committed (see further below).

Conduct which constitutes an offence committed before 24 March

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