(1) If the court is acting under section 92 this section applies for the purpose of -
(a) deciding whether the accused has benefited from conduct, and
(b) deciding his benefit from the conduct.
(2) The court must take account of -
(a) conduct occurring up to the time it makes its decision;
(b) property obtained up to that time.
(3) Subsection (4) applies if -
(a) the conduct concerned is general criminal conduct,
(b) a confiscation order mentioned in subsection (5) has at an earlier time been made against the accused, and
(c) his benefit for the purposes of that order was benefit from his general criminal conduct.
(4) His benefit found at the time the last confiscation order mentioned in subsection (3)(c) was made against him must be taken for the purposes of this section to be his benefit from his general criminal conduct at that time.
(5) If the conduct concerned is general criminal conduct the court must deduct the aggregate of the following amounts -
(a) the amount ordered to be pa
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