Section 217(3)

Subsection (2) has effect subject to the following rules— the powers must be exercised with a view to allowing a person other than the defendant or a recipient of a tainted gift to retain or recover the value of any interest held by him; in the case of realisable property held by a recipient of a tainted gift, the powers must be exercised with a view to realising no more than the value for the time being of the gift; in a case where a confiscation order has not been made against the defendant, property must not be realised if the court so orders under subsection (4).

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Source: legislation.gov.uk · retrieved 2026-09-04