85Commercial benefits penalty orders

85 Commercial benefits penalty orders

(1)  The court that finds a person guilty of an offence may, on the application of the Competent Authority, make an order under this section.

(2)  The court may make a commercial benefits penalty order requiring the person to pay, as a fine, an amount not exceeding 3 times the amount estimated by the court to be the gross commercial benefit that –

(a) was received or receivable, by the person or by an associate of the person, from the commission of the offence; and

(b) in the case of a journey that was interrupted or not commenced because of action taken by an authorised officer in connection with the commission of the offence, would have been received or receivable, by the person or by an associate of the person, from the commission of the offence had the journey been completed.

(3)  In estimating the gross commercial benefit that was or would have been received or receivable from the commission of the offence, the court may take into account –

(a) benefits of any kind, whether monetary or otherwise; and

(b) any other matters that it considers relevant, including (for example) –

(i) the value of any goods involved in the offence; and

(ii) the distance over which any such goods were or were to be carried.

(4)  However, in estimating the gross commercial benefit that was or would have been received or receivable from the commission of the offence, the court is required to disregard any costs, expenses or liabilities incurred by the person or by an associate of the person.

(5)  Nothing in this section prevents the court from ordering payment of an amount that is –

(a) less than 3 times the estimated gross commercial benefit; or

(b) less than the estimated gross commercial benefit.