Page 704 - IOM Law Society Rules Book

326 Proceeds of Crime Act 2008 c.13

(a) that property has been realised in pursuance of a request
under subsection (3);

(b) the date of realisation; and

(c) the proceeds of realisation.

(8) If the proceeds of realisation made in pursuance of a
request under subsection (3) are expressed in a currency other
than sterling, they must be taken to be the sterling equivalent
calculated in accordance with the rate of exchange prevailing at
the end of the day of realisation.

Interpretation

Criminal 123. (1) A defendant has a criminal lifestyle if (and only if) the
lifestyle following condition is satisfied.

P2002/29/75
& Sch2 (2) The condition is that the offence (or any of the offences)
concerned satisfies any of these tests —

(a) it is specified in Schedule 3;

(b) it constitutes conduct forming part of a course of
criminal activity;

(c) it is an offence committed over a period of at least 6
months and the defendant has benefited from the
conduct which constitutes the offence.

(3) Conduct forms part of a course of criminal activity if
the defendant has benefited from the conduct and —

(a) in the proceedings in which the defendant was convicted
the defendant was convicted of three or more other
offences, each of three or more of them constituting
conduct from which the defendant has benefited; or

(b) in the period of 6 years ending with the day when those
proceedings were started (or, if there is more than one such
day, the earliest day) the defendant was convicted on at
least two separate occasions of an offence constituting
conduct from which the defendant has benefited.

(4) But an offence does not satisfy the test in subsection
(2)(b) or (c) unless the defendant obtains relevant benefit of not
less than £5,000.

(5) Relevant benefit for the purposes of subsection (2)(b)
is —