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Confiscation – available amount

Member: Nifa

This article by David Winch article considers what is meant by a defendant’s ‘available amount’ and explains some of the rules the court must follow in determining the ‘available amount’.

In confiscation proceedings against a convicted defendant the Crown Court will ordinarily have to separately determine two figures – the ‘benefit’ obtained by the defendant and his ‘available amount’.  The court will then order the defendant to pay an amount equal to the lower of these two figures (see s7).

This article is based on the confiscation provisions of Part 2 of the Proceeds of Crime Act 2002, PoCA 2002, which apply in England & Wales.  Slightly different rules apply in Scotland and Northern Ireland.  In earlier confiscation legislation the ‘available amount’ was referred to as the ‘amount that might be realised’.

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