Section 19Part 2 — The Financial Reporting Authority
Assumptions to be made in case of criminal lifestyle
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Where the court or summary court decides under section 15 that the defendant has a criminal lifestyle it shall make the following four assumptions specified in subsections
to (5) for the purpose of —
deciding whether that person has benefited from that person’s general c riminal conduct; and
deciding that person’s benefit from the conduct. ( 2 ) The first assumption is that any property transferred to the defendant at any time after the relevant day was obtained by that person as a result of that person’s general crimina l conduct and at the earliest time that person appears to have held it.
The second assumption is that any property transferred to the defendant at any time after the date of conviction was obtained by that person as a result of that person’s general criminal conduct, and at the earliest time that person appears to have held it.
The third assumption is that any expenditure incurred by the defendant at any time after the relevant day was met from property obtained by that person as a result of that person’s general criminal conduct.
The fourth assumption is that, for the purpose of valuing a property obtained (or assumed to have been obtained) by the defendant, that person obtained it free of any other interests in it.
The court or summary co urt shall not make a required assumption in relation to particular property or expenditure if the assumption is shown to be incorrect, or there would be a serious risk of injustice if the assumption were made.
Where the court or summary court does not make one or more of the required assumptions it shall state its reasons.
The relevant day is the first day of the period of six years ending with —
the day when proceedings for the offence concerned were started against the defendant; or
if the re are two or more offences and proceedings for them were started on different days, the earliest of those days.
Where a prior confiscation has been made against the defendant at any time during the period mentioned in subsection (8) —
the relevant day is the day when the defendant ’ s benefit was calculated for the purposes of the last such confiscation order; and
the second assumption does not apply to any property, which was held by that person on or before the relevant day.
The date of co nviction is —
the date on which the defendant was convicted of the offence concerned; or
if there are two or more offences and the convictions were on different dates, the date of the latest.