Proceeds of Crime Act 2002
CHAPTER 5
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MISCELLANEOUS
SECTION 320
320
Effect of the confiscation scheme on sentencing
A court passing sentence on a person in respect of the person ' s conviction of an * indictable offence:
(a) may have regard to any cooperation by the person in resolving any action taken against the person under this Act; and
(b) must not have regard to any * forfeiture order that relates to the offence, to the extent that the order forfeits * proceeds of the offence; and
(c) must have regard to the forfeiture order to the extent that the order forfeits any other property; and
(d) must not have regard to any * pecuniary penalty order, or any * literary proceeds order, that relates to the offence.
A court passing sentence on a person in respect of the person ' s conviction of an * indictable offence:
(a) may have regard to any cooperation by the person in resolving any action taken against the person under this Act; and
(b) must not have regard to any * forfeiture order that relates to the offence, to the extent that the order forfeits * proceeds of the offence; and
(c) must have regard to the forfeiture order to the extent that the order forfeits any other property; and
(d) must not have regard to any * pecuniary penalty order, or any * literary proceeds order, that relates to the offence.
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