Legislation – Coroners and Justice Act 2009
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There are currently no known outstanding effects for the Coroners and Justice Act 2009, Section 160.
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Part 7Criminal memoirs etc
Exploitation proceeds orders
160Deriving a benefit
(1)
This section applies for the purposes of section 155(3).
(2)
The exploitation may be by any means, including—
(a)
the publication of any material in written or electronic form;
(b)
the use of any media from which visual images, words or sounds can be produced;
(c)
live entertainment, representation or interview.
(3)
A person (“A”) is to be regarded as having derived a benefit if A secures the benefit for another person (“B”) (whether or not A had any legal right to ensure the benefit was so secured or B had any legal entitlement to the benefit).
(4)
It does not matter whether the benefit is derived, or whether the exploitation (or any step taken or to be taken with a view to exploitation) takes place,—
(a)
within or outside the United Kingdom, or
(b)
before or after the person who committed the relevant offence is convicted of that offence.
(5)
But—
(a)
the benefit must be derived after the coming into force of section 155, and
(b)
where the relevant offence is an offence within section 159(1)(c), the associated offence committed by the respondent must have been committed before the benefit was derived.
(6)
In subsection (4)(b), the reference to conviction of the relevant offence includes a reference to a finding mentioned in section 156(2)(b) or (c) or (3)(a)(ii) or (iii) or 157(2)(b) or (3) in relation to the offence.