104 No order made: reconsideration of case
Proceeds of Crime Act 2002 (2002 c 29) | Legislation

Reconsideration

104  No order made: reconsideration of case

(1)     This section applies if—

(a)     the first condition in section 92 is satisfied but no court has proceeded under that section,

(b)     the prosecutor has evidence which was not available to him on the relevant date,

(c)     before the end of the period of six years starting with the date of conviction the prosecutor applies to the court to consider the evidence, and

(d)     after considering the evidence the court thinks it is appropriate for it to proceed under section 92.

(2)     The court must proceed under section 92, and when it does so subsections (3) to (8) below apply.

(3)     If the court has already sentenced the accused for the offence (or any of the offences) concerned section 92(4) does not apply.

(4)     Section 94(2) does not apply, and the rules applying instead are that the court must

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