In deciding whether to make a ^* literary proceeds order, the court:

(a)

must take into account:

(i)

the nature and purpose of the product or activity from which the ^* literary proceeds were derived; and

(ii)

whether supplying the product or carrying out the activity was in the public interest; and

(iii)

the social, cultural or educational value of the product or activity; and

(iv)

the seriousness of the offence to which the product or activity relates; and

(v)

how long ago the offence was committed; and

(b)

may take into account such other matters as it thinks fit.