Originally broadcast on Wednesday, November 30, 2011 - 12:30

The purpose of a confiscation order is to deprive the defendant of the proceeds of his or her crime. For the confiscation order to be issued, the Proceeds of Crime Act 2002 requires the Court to decide if the defendant has a criminal lifestyle and, if so, to calculate the benefit they have gained from the general criminal conduct. If it decides that he or she does not have a criminal lifestyle, the Court will calculate the benefit from particular criminal conduct. However what constitutes benefit and how it is calculated is open to a wide range of interpretations. Our expert speakers will debate these complex issues and offer you practical tips on how best to address this challenging area of law.

This webinar covers:
- The modern law of 'benefit'
- Statutory definition of 'benefit'
- A 'sea-change' of judicial thinking and approach towards the notion of 'benefit'
- Principles that underpin the current judicial approach towards 'benefit'
- Practical examples of what constitutes 'benefit'
- Avoiding pitfalls of reasoning when determining the issue of 'benefit'
- Apportioning benefit between defendants who are jointly charged and convicted
- The standard of proof to show assets are less than benefit
- Dealing with third party interests
- Consequences of hidden assets findings