Pecuniary advantage Definition

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GLOSSARY

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What does Pecuniary advantage mean?

The offence of obtaining a pecuniary advantage, contrary to the Theft Act 1968 (TA 1968), s 16 was repealed by the Fraud Act 2006, but without affecting any liability, investigation, legal proceedings or penalty for or in respect of any offence partly committed before 15 January 2007 (see SI 2006/3200).

Under , TA 1968 s 16(2) a pecuniary advantage is regarded as obtained for a person in two cases. The first is where the person is allowed to borrow by way of overdraft, or to take out any policy of insurance or annuity, or obtains an improvement of the terms on which he is allowed to do so; the second is where the person is given an opportunity to earn remuneration or greater remuneration in an office or employment, or to win money by betting.

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Confiscation step 2: Has the defendant benefited from relevant criminal conduct?

The steps to determining any confiscation order are set out at section 6 of the Proceeds of Crime Act 2002 (POCA 2002). Once the conditions at POCA 2002, s 6(1) and (2) have been satisfied, the court must determine whether the offender has a criminal lifestyle. A criminal lifestyle is where the court assumes that the defendant’s offending is not limited to that which is before it as a result of their conviction. The court is, in effect, assuming that the defendant is guilty of other types of criminality leading up to the offence(s) with which they have been convicted, which hasn't been detected or punished. The criminal lifestyle provisions under POCA 2002 take the form of a statutory test to determine whether or not the defendant is to be treated as having a criminal lifestyle. For information on what constitutes a criminal lifestyle under POCA 2002, see Practice Note: Confiscation step 1: Does the defendant have a criminal lifestyle? and Criminal lifestyle—flowchart.Confiscation step 2—determining benefitOnce the court has determined...

Confiscation under the Proceeds of Crime Act 2002

Confiscation under the Proceeds of Crime Act 2002 This Practice Note considers the purposes of and procedure applicable to confiscation under the Proceeds of Crime Act 2002 (POCA 2002), which replaced the previous regimes available under the Criminal Justice Act 1988 (CJA 1988), in Part VI and the Drug Trafficking Act 1994 (DTA 1994) (together, the pre-POCA 2002 regime). For detailed guidance on the pre-POCA 2002 regime, see: • Practice Note: Confiscation pre Proceeds of Crime Act 2002 [Archived] • Confiscation Procedure under the Criminal Justice Act 1988—checklist [Archived] Purpose of confiscation under POCA 2002 A confiscation order deprives a defendant of the benefit they gained from their criminal conduct. A confiscation order does not itself confiscate any property but, instead, requires the offender to pay over a sum of money representing the value of the benefit received. It is therefore described as being an order in personam, as opposed to in rem (see Practice Note: Determining the recoverable amount (benefit and available amount) under POCA 2002—Making the...

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