Section 17Part 2 — The Financial Reporting Authority
Defendant ’ s benefit
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Where the court or summary court is proceeding under section 15 this section applies for the purpose of deciding whether the defendant has benefited from conduct and for deciding that person’s benefit from the conduct.
The court or summary court shall take account of conduct o ccurring up to the time it makes its decision and shall take account of property obtained up to that time.
Where the conduct concerned is general criminal conduct the court or summary court shall, if there has been no previous deduction on an earlier o ccasion, deduct the aggregate of the following amounts —
the amount ordered to be paid under each confiscation order previously made against the defendant; and
the amount ordered to be paid under each confiscation order previously made against that person under the Misuse of Drugs Act (2017 Revision) or the prior Law.
Subsection (3) does not apply to an amount which has been taken into account for the purposes of a deduction under that subsection on any earlier occasion.
The reference t o general criminal conduct in the case of a confiscation order made under the Misuse of Drugs Act (2017 Revision) or the prior Law is a reference to conduct in respect of which a court is required or entitled to make one or more assumptions for the purpose of assessing a person ’ s benefit from the conduct.