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Section 76: Conduct and benefit

Proceeds of Crime Act 2002 · 2002 c. 29View on legislation.gov.uk

Part 2: Confiscation: England and Wales

Criminal conduct is conduct which—

constitutes an offence in England and Wales, or
would constitute such an offence if it occurred in England and Wales.

General criminal conduct of the defendant is all his criminal conduct, and it is immaterial—

whether conduct occurred before or after the passing of this Act;
whether property constituting a benefit from conduct was obtained before or after the passing of this Act.

Particular criminal conduct of the defendant is all his criminal conduct which falls within the following paragraphs—

conduct which constitutes the offence or offences concerned;
conduct which constitutes offences of which he was convicted in the same proceedings as those in which he was convicted of the offence or offences concerned;
conduct which constitutes offences which the court will be taking into consideration in deciding his sentence for the offence or offences concerned.

A person benefits from conduct if he obtains property as a result of or in connection with the conduct.

If a person obtains a pecuniary advantage as a result of or in connection with conduct, he is to be taken to obtain as a result of or in connection with the conduct a sum of money equal to the value of the pecuniary advantage.

References to property or a pecuniary advantage obtained in connection with conduct include references to property or a pecuniary advantage obtained both in that connection and some other.

If a person benefits from conduct his benefit is the value of the property obtained.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.