Ancillary Orders Consultation
Sub-letting - Unlawful profit order
|
Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings. |
||
|
May be made by |
A magistrates' court or the Crown Court |
|
|
Relevant legislation |
Section 4 of the Prevention of Social Housing Fraud Act 2013 |
|
|
Availability |
Where an offender is convicted of an offence of unlawful sub-letting or associated offence (sections 1 and 2 of the Prevention of Social Housing Fraud Act 2013) The court by or before which the offender is convicted must, on application or otherwise, decide whether to make an unlawful profit order (UPO), and give reasons if it does not make such an order. A UPO is an order requiring the offender to pay the landlord an amount representing the profit made by the offender as a result of the conduct constituting the offence. The court may make such an order instead of or in addition to dealing with the offender in any other way. |
|
|
Amount of the order |
The amount payable under a UPO must be such amount as the court considers appropriate, having regard to any evidence and to any representations from the parties subject to the maximum amount payable which is calculated as follows: Step 1: Determine the total amount the offender received as a result of the conduct constituting the offence (or the best estimate of that amount). Step 2: Deduct from that amount the total amount, if any, paid by the offender as rent to the landlord (including service charges) over the period during which the offence was committed. |
|
|
Combining with a fine |
If the court thinks that both a UPO and a fine are appropriate, but the offender has insufficient means to pay both the court must give preference to a UPO. |
|
|
Consequences of non-payment |
If the amount required to be paid by a person under a UPO is not paid when it is required to be paid, that person must pay interest on the amount for the period for which it remains unpaid at the rate of interest for the time being specified in s 17 of the Judgments Act 1838 (interest on civil judgment debts). |
|
Sentencing guidelines that will include a drop down of this guidance:
There are no current sentencing guidelines to which this order relates. The guidance will appear solely in a list of ancillary orders accessible to all courts