(3) In assessing the value of the benefits derived by S. 68(3) an accused in relation to an offence, the court amended by Nos 43/1998 must, on application under subsection (1) or (2), s. 36(x), subject to subsection (4), treat as benefits— 68/2009 s. 97(Sch. item 23.54(a)). (a) all property in which the accused had an S. 68(3)(a) amended by interest at the time the first application is No. 68/2009 made under this Act in respect of the s. 97(Sch. item 23.54(b)). offence; and (b) all expenditure of the accused within the S. 68(3)(b) amended by period of 6 years immediately before the No. 68/2009 time the first application is made under this s. 97(Sch. item 23.54(b)). Act in respect of the offence— regardless of whether any benefits were actually derived and whether they were derived in relation to an offence, but must not include any property which has been forfeited to the Minister under this Act. (4) On an application under subsection (1) or (2), the S. 68(4) amended by Supreme Court or the County Court may refuse to No. 68/2009 treat as benefits specified property or expenditure s. 97(Sch. item 23.54(b)). if the Court is satisfied by the accused that— (a) in the case of property— (i) the property— (A) was lawfully acquired by the S. 68(4) (a)(i)(A) accused; and amended by No. 68/2009 s. 97(Sch. item 23.54(b)).
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— S. 68(3)(a) amended by No. 68/2009 s. 97(Sch. item 23.54(b)). (a) all property in which the accused had an interest at the time the first application is made under this Act in respect of the offence; and S. 68(3)(b) amended by No. 68/2009 s. 97(Sch. item 23.54(b)). (b) all expenditure of the accused within the period of 6 years immediately before the time the first application is made under this Act in respect of the offence— regardless of whether any benefits were actually derived and whether they were derived in relation to an offence, but must not include any property which has been forfeited to the Minister under this Act. S. 68(4) amended by No. 68/2009 s. 97(Sch. item 23.54(b)). (4) On an application under subsection (1) or (2), the Supreme Court or the County Court may refuse to treat as benefits specified property or expenditure if the Court is satisfied by the accused that— (a) in the case of property— (i) the property— S. 68(4) (a)(i)(A) amended by No. 68/2009 s. 97(Sch. item 23.54(b)). (A) was lawfully acquired by the accused; and
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