When a court decided that an offender had benefited from Drug trafficking, it had to first to calculate the amount of benefit to be recovered from the defendant. In making that assessment, the court had to look to the assumptions in the section. The court should not use other assumptions unless there was evidence before the court to a civil standard on which any such assumption could be based. In this case, the calculation had been reduced to reflect the offenders means, but it left him open to possible later action to recover the excess.
Citations:
Times 11-Jan-2001
Statutes:
Drug Trafficking Act 1994 2 4 5
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 11 May 2022; Ref: scu.88318
