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statement of information


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A statement prepared by the prosecuting authority in support of an application for a confiscation order. In cases where the prosecutor or the Director of the Assets Recovery Agency has asked the Crown Court to proceed under s 6 of the Proceeds of Crime Act 2002 (see confiscation order), s 16 of the Act requires the prosecutor or the Director to give the court a statement of information within a period specified by the court. If the court is acting on its own initiative, it may order the prosecutor (but not the Director) to give such a statement within a specified period. If the prosecutor or Director alleges that the defendant has a criminal lifestyle, the statement must include matters that are relevant to the determination as to whether the defendant has such a lifestyle, and whether he has benefited from his general criminal conduct, and the amount of his benefit from that conduct, together with information relevant to the making of the four assumptions that the court is required to make by s 10 of the Act. This will normally consist of information relating to the defendant's assets or his expenditure and receipts during the six‐year period specified in the section. Otherwise, the statement should not contain information other than that relating to whether the defendant has benefited from his particular criminal conduct, and the amount of that benefit. Under the statutory predecessors of the 2002 Act, the Criminal Justice Act 1988 and the Drug Trafficking Act 1994, such statements were known as prosecutors' statements.

Subjects: Law.


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