94 Accused's benefit

94  Accused's benefit

(1)     If the court is acting under section 92 this section applies for the purpose of—

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

(b)     deciding his benefit from the conduct.

(2)     The court must take account of—

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

(b)     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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