8 Defendant's benefit

8  Defendant's benefit

(1)     If the court is proceeding under section 6 this section applies for the purpose of—

(a)     deciding whether the defendant has benefited from conduct, and

(b)     deciding his benefit from the conduct.

(2)     The court must—

(a)     take account of conduct occurring up to the time it makes its decision;

(b)     take account of property obtained up to that time.

(3)     Subsection (4) applies if—

(a)     the conduct concerned is general criminal conduct,

(b)     a confiscation order mentioned in subsection (5) has at

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