Criminal Asset Recovery Order, 2012 · s 76

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76.
Rules of determining benefit and assessing value
(1)
Where a person obtains property as the result of, or in connection with the commission of a money laundering offence or a serious offence, his benefit is the value of the property so obtained.
(2)
Where a person derives an advantage as a result of or in connection with the commission of a money laundering offence or a serious offence, his advantage shall be presumed to be a sum of money equal to the value of the advantage so derived.
(3)
In determining whether a person has benefited from the commission of a money laundering offence or a serious offence or from that offence and other serious offences or money laundering offences, the High Court shall, unless the contrary is proved, presume -
·
{a)
all property appearing to the High Court to be
(i)
held by the person on the day on which the application is made; and
(ii)
held by the person at any time -
(A) within the period between the day the serious offence) or the earliest serious offence, was committed and the day on which the application is made; or
(B)
within the period of 6 years immediately before the day on which the application is made, whichever is the longer, to be property that came into the possession or under the control of the person by reason of the commission of that serious offence or those serious offences of which the person was convicted;
{b)
any expenditure by the person since the beginning of the longer period in paragraph {a)(ii). to be expenditure met out of payments received by him as a result of, or in connection with, the commission of that serious offence or those serious offences; and
{c)
any property received or deemed to have been received by the person at any time as a result of, or in connection with the commission by him of that serious offence or those serious offences to be property received by him free of any interest of any other person therein.
(4)
Where a benefit recovery order has been previously made against a person, in assessing the value of any benefit derived by him from the commission of the serious offence, the High Court shall leave out of account any benefits that are shown to have been taken into account in determining the amount to be recovered under the previous order.
(5)
If evidence is given at the hearing of the application that the value of the person's property at any time after the commission of the serious offence exceeded the value of the person's property before the commission of the offence, then the High Court shall treat the value of the benefit as being not less than the amount of that excess, unless the person satisfies th,e High Court that the whole or part of the excess was due to causes unrelated to the commission of the serious offence.
(6)
In determining whether or not any benefit is derived from a money laundering offence or a serious offence, the Court shall apply the standard of proof required in civil proceedings.

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s 76Rules of determining benefit and assessing value

(1)

Where a person obtains property as the result of, or in connection with the commission of a money laundering offence or a serious offence, his benefit is the value of the property so obtained.

(2)

Where a person derives an advantage as a result of or in connection with the commission of a money laundering offence or a serious offence, his advantage shall be presumed to be a sum of money equal to the value of the advantage so derived.

(3)

In determining whether a person has benefited from the commission of a money laundering offence or a serious offence or from that offence and other serious offences or money laundering offences, the High Court shall, unless the contrary is proved, presume -

{a)

all property appearing to the High Court to be

(i)

held by the person on the day on which the application is made; and

(ii)

held by the person at any time -

(A)

within the period between the day the serious offence) or the earliest serious offence, was committed and the day on which the application is made; or

(B)

within the period of 6 years immediately before the day on which the application is made, whichever is the longer, to be property that came into the possession or under the control of the person by reason of the commission of that serious offence or those serious offences of which the person was convicted;

{b)

any expenditure by the person since the beginning of the longer period in paragraph {a)(ii). to be expenditure met out of payments received by him as a result of, or in connection with, the commission of that serious offence or those serious offences; and

{c)

any property received or deemed to have been received by the person at any time as a result of, or in connection with the commission by him of that serious offence or those serious offences to be property received by him free of any interest of any other person therein.

(4)

Where a benefit recovery order has been previously made against a person, in assessing the value of any benefit derived by him from the commission of the serious offence, the High Court shall leave out of account any benefits that are shown to have been taken into account in determining the amount to be recovered under the previous order.

(5)

If evidence is given at the hearing of the application that the value of the person's property at any time after the commission of the serious offence exceeded the value of the person's property before the commission of the offence, then the High Court shall treat the value of the benefit as being not less than the amount of that excess, unless the person satisfies th,e High Court that the whole or part of the excess was due to causes unrelated to the commission of the serious offence.

(6)

In determining whether or not any benefit is derived from a money laundering offence or a serious offence, the Court shall apply the standard of proof required in civil proceedings.