s. 68 (2) For the purposes of subsection (1)(c), if an offence is committed between 2 dates, the period begins immediately before the earlier of the 2 dates and ends at some time after the later of the 2 dates. (3) In considering whether to treat profits of a kind referred to in subsection (1)(d) as benefits derived in relation to the offence, the court may have regard to any matters that it thinks fit including— (a) whether it is not in the public interest to treat them as benefits; and (b) whether the depiction or expression has any general social or educational value; and (c) the nature and purposes of the publication, production or entertainment including its use for research, educational or rehabilitation purposes. Note to s. 67 Note inserted by is defined as including any interest in property: see No. 42/2007 Property s. 18(Sch. section 3(1). item 19). 68 Assessment of benefits in relation to Schedule 2 offences S. 68(1) (1) A prescribed person or a person belonging to a amended by prescribed class of persons may apply to the No. 87/2004 Supreme Court for the application of this section s. 19(j)(i)(ii). in relation to a Schedule 2 offence. (2) The DPP may apply to the Supreme Court or the S. 68(2) amended by County Court for the application of this section in No. 87/2004 relation to a Schedule 2 offence. s. 19(k). S. 68(3) (3) In assessing the value of the benefits derived by amended by an accused in relation to an offence, the court Nos 43/1998 must, on application under subsection (1) or (2), s. 36(x), 68/2009 subject to subsection (4), treat as benefits— s. 97(Sch. item 23.54(a)).
(2) For the purposes of subsection (1)(c), if an offence is committed between 2 dates, the period begins immediately before the earlier of the 2 dates and ends at some time after the later of the 2 dates. (3) In considering whether to treat profits of a kind referred to in subsection (1)(d) as benefits derived in relation to the offence, the court may have regard to any matters that it thinks fit including— (a) whether it is not in the public interest to treat them as benefits; and (b) whether the depiction or expression has any general social or educational value; and (c) the nature and purposes of the publication, production or entertainment including its use for research, educational or rehabilitation purposes. Note to s. 67 inserted by No. 42/2007 s. 18(Sch. item 19). Note Property is defined as including any interest in property: see section 3(1). 68 Assessment of benefits in relation to Schedule 2 offences S. 68(1) amended by No. 87/2004 s. 19(j)(i)(ii). s. 68 (1) A prescribed person or a person belonging to a prescribed class of persons may apply to the Supreme Court for the application of this section in relation to a Schedule 2 offence. S. 68(2) amended by No. 87/2004 s. 19(k). (2) The DPP may apply to the Supreme Court or the County Court for the application of this section in relation to a Schedule 2 offence. S. 68(3) amended by Nos 43/1998 s. 36(x), 68/2009 s. 97(Sch. item 23.54(a)). (3) In assessing the value of the benefits derived by an accused in relation to an offence, the court must, on application under subsection (1) or (2), subject to subsection (4), treat as benefits—
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