Section 25 - Confiscation of Proceeds of Crime Act 1989 - Assessment of pecuniary penalty

25Assessment of pecuniary penalty

Start here

Get a plain-English read of 25

Turn the raw legal text into a practical explanation grounded in Confiscation of Proceeds of Crime Act 1989.

25 Assessment of pecuniary penalty

(1) In this section—

offence period, in relation to an application under section 13 (1) (b) made in reliance on the conviction of a person for 2 or more serious offences, means the period commencing when the earliest of those offences was committed and ending when the latest of those offences was committed.

(2) For the purposes of an application for a pecuniary penalty order against a person (in this section called the defendant), the value of the benefits derived by the defendant because of having committed a serious offence or serious offences shall be assessed by a court having regard to information before the court concerning all or any of the following matters—

(a) the money, or the value of the property other than money, that came into the possession or under the control of—

(i) the defendant, or

(ii) another person at the request or by the direction of the defendant,

because of the defendant’s having committed the offence or any of the offences,

(a1) subject to subsection (2A), the value of any benefit that was provided for the defendant (or for another person at the request or direction of the defendant) for the depiction of the offence or offences, or the expression of the defendant’s thoughts, opinions or emotions regarding the offence or offences, in any public promotion,

(b) the value of any benefit, other than a benefit of the kind referred to in paragraph (a) or (a1), that was provided for—

(i) the defendant, or

(ii) another person at the request or by the direction of the defendant,

because of the defendant’s having committed the offence or any of the offences,

(c) if the offence or any of the offences consisted of the doing of an act or thing in relation to a prohibited drug or prohibited plant as respectively defined in the Drug Misuse and Trafficking Act 1985—

(i) the market value, at the time of the offence, of similar or substantially similar substances, and

(ii) the amount that was, or the range of amounts that were, ordinarily paid for the doing of a similar or substantially similar act or thing,