Section 16: Statement of information, Proceeds of Crime Act 2002

If the court is proceeding under section 6 in a case where section 6(3)(a) applies, the prosecutor ... must give the court a statement of information within the period the court orders.

If the court is proceeding under section 6 in a case where section 6(3)(b) applies and it orders the prosecutor to give it a statement of information, the prosecutor must give it such a statement within the period the court orders.

If the prosecutor ... believes the defendant has a criminal lifestyle the statement of information is a statement of matters the prosecutor ...believes are relevant in connection with deciding these issues—

whether the defendant has a criminal lifestyle;

whether he has benefited from his general criminal conduct;

his benefit from the conduct.

A statement under subsection (3) must include information the prosecutor ... believes is relevant—

in connection with the making by the court of a required assumption under section 10;

for the purpose of enabling the court to decide if the circumstances are such that it must not make such an assumption.

If the prosecutor ... does not believe the defendant has a criminal lifestyle the statement of information is a statement of matters the prosecutor ... believes are relevant in connection with deciding these issues—

whether the defendant has benefited from his particular criminal conduct;

his benefit from the conduct.

If the prosecutor ... gives the court a statement of information—

he may at any time give the court a further statement of information;

he must give the court a further statement of information if it orders him to do so, and he must give it within the period the court orders.

A statement of information (other than one to which subsection (6B) applies) must include any information known to the prosecutor which the prosecutor believes is or would be relevant for the purpose of enabling the court to decide—

whether to make a determination under section 10A, or

what determination to make (if the court decides to make one).

If the court has decided to make a determination under section 10A, a further statement of information under subsection (6)(b) must, if the court so orders, include specified information that is relevant to the determination.

If the court makes an order under this section it may at any time vary it by making another one.

Section 16: Statement of information

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