Procedure if application relating to 1 confiscation offence
188 Procedure if application relating to 1 confiscation offence
(1) This section applies if—
(a) an application for a pecuniary penalty
order relates to 1 confiscation offence; and
(b) at the hearing of the
application, evidence is given that the value of the person’s property after
the commission of the confiscation offence was more than the value of the
property before the commission of the offence.
(2) The court must treat the
difference as the benefits derived by the person from the commission of the
offence, other than to the extent the court is satisfied the reason for the
difference was not related to the commission of the offence.
