21 Order made: reconsideration of benefit
Proceeds of Crime Act 2002 (2002 c 29) | Legislation

21  Order made: reconsideration of benefit

(1)     This section applies if—

(a)     a court has made a confiscation order,

(b)     there is evidence which was not available to the prosecutor . . . at the relevant time,

(c)     the prosecutor . . . believes that if the court were to find the amount of the defendant's benefit in pursuance of this section it would exceed the relevant amount,

(d)     before the end of the period of six years starting with the date of conviction the prosecutor . . . applies to the Crown Court to consider the evidence, and

(e)     after considering the evidence the court believes it is appropriate for it to proceed under this section.

(2)     The court must make a new calculation of the defendant's benefit from the conduct concerned, and when it does so subsections (3) to (6) below apply.

(3)     If a court has already sentenced the defendant for the offence (or any of the offences) concerned section 6 has effect as if his particular criminal conduct included conduct which constitutes offences which the court has taken into consideration in deciding his sentence for the offence or offences concerned.

(4)     Section 8(2) does not apply,

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