- (b) the subject has derived benefits from the organised crime activity.
(3) For the purposes of subsection (2), if it is proved on a balance of probabilities that the subject holds or has at any time (whether before, on or after the date of commencement of this Part) held any property or any interest in the property (including income accruing from such property or interest) disproportionate to the subject's known sources of income, the holding of which cannot be explained to the satisfaction of the Court, then the subject is, until the contrary is proved on a balance of probabilities, presumed to have derived benefits from the organised crime activity.
(4) For the purposes of subsection (3), any expenditure by the subject (whether incurred before, on or after the date of commencement of this Part) is, until the contrary is proved, presumed to have been met out of the subject's benefits from the organised crime activity.
Amount to be recovered under confiscation order
62.—(1) The amount to be recovered from the subject under the confiscation order is the amount the Court assesses to be the value of the benefits the subject derived from the organised crime activity carried out within the statutory period.
(2) For the purposes of this section—
- (a) the benefits derived by the subject from the organised crime activity is any property or any interest in property (including income accruing from such property or interest) held by the subject at any time, whether before, on or after the date of commencement of this Part, being property or interest that is disproportionate to the subject's known sources of income, and the holding of which cannot be explained to the satisfaction of the Court; and
- (b) the value of the benefits derived by the subject from the organised crime activity is the sum of the values of the properties and interests referred to in paragraph (a).
