Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 · 2020 Revised Edition · Part 2 · Confiscation of Benefits of Drug Dealing or Criminal Conduct
10. Assessing benefits of drug dealing
Feedback & supportLast amended by an amending law of 2015. 2 amendments in all.
Subject to section 31, for the purposes of this Act —
the benefits derived by any person from drug dealing are any property or interest in any property (including income accruing from the property or interest) held by the person at any time, whether before or after 30 November 1993, being property or interest disproportionate to the person’s known sources of income and the holding of which cannot be explained to the satisfaction of the court; and
the value of the benefits derived by the person from drug dealing is the aggregate of the values of the properties and interests in the properties mentioned in paragraph (a).
For the purpose of assessing the value of the benefits derived by the defendant from drug dealing in a case where a confiscation order or a confiscation order under Part 9 of the Organised Crime Act 2015, has previously been made against the defendant, the court is to leave out of account any such benefits of drug dealing or criminal conduct that are shown to the court to have been taken into account in determining the amount to be recovered under that order.[7
defendant
“defendant” means a person against whom proceedings have been instituted for a drug dealing offence or a serious offence, as the case may be, or offences whether or not the person has been convicted thereof;