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

105  No order made: reconsideration of benefit

(1)     This section applies if the following two conditions are satisfied.

(2)     The first condition is that in proceeding under section 92 the court has decided that—

(a)     the accused has a criminal lifestyle but has not benefited from his general criminal conduct, or

(b)     the accused does not have a criminal lifestyle and has not benefited from his particular criminal conduct.

(3)     The second condition is that—

(a)     the prosecutor has evidence which was not available to him when the court decided that the accused had not benefited from his general or particular criminal conduct,

(b)     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

(c)     after considering the evidence the court concludes that it would have decided that the accused had benefited from his general or particular criminal conduct (as the case may be) if the evidence had been available to it.

(4)

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