Page 627 - IOM Law Society Rules Book

c.13 Proceeds of Crime Act 2008 249

(8) Sections 28(6) and 29 (read with section 30) apply as if
the requirement were included in an order made by virtue of section
28(2).

(9) Section 30(4) to (7) has effect for the purposes of this
section.

33. (1) This section applies if the Attorney General seeks a Limit on
recovery order — recovery
P2002/29/278
(a) in respect of both property which is or represents
property obtained through unlawful conduct and related
property; or

(b) in respect of property which is or represents property
obtained through unlawful conduct where such an order,
or an order under section 31, has previously been made
in respect of related property.

(2) For the purposes of this section —

(a) the original property means the property obtained
through unlawful conduct;

(b) the original property, and any items of property which
represent the original property, are to be treated as
related to each other.

(3) The court is not to make a recovery order if it thinks that
the Attorney General’s right to recover the original property has been
satisfied by a previous recovery order or order under section 31.

(4) Subject to subsection (3), the court may act under
subsection (5) if it thinks that —

(a) a recovery order may be made in respect of two or more
related items of recoverable property; but

(b) the making of a recovery order in respect of both or all
of them is not required in order to satisfy the Attorney
General’s right to recover the original property.

(5) The court may in order to satisfy that right to the extent
required make a recovery order in respect of —

(a) only some of the related items of property; or

(b) only a part of any of the related items of property,

or both.