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Section 40(1B)

POCA 2002
Proceeds of Crime Act 2002 · United Kingdom

In determining for the purposes of subsection (1)(b) whether there is a real risk of relevant realisable property being dissipated, the court must, in particular, have regard to the following— the nature of the relevant realisable property; the extent to which any person has taken steps with a view to relevant realisable property being dissipated; any circumstances of a person who holds the relevant realisable property that may affect the ease with which they would be able to secure the dissipation of the property; any evidence of such a person’s character; the nature of the defendant’s criminal conduct; the amount by which the defendant is suspected or believed to have benefited from their criminal conduct; the stage of the proceedings for an offence against the defendant.

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